INTERNATIONAL LAW & MANAGEMENT REVIEW VOLUME 11 centre of activity, is registered or domiciled or has its main place of 96 business or substantial business activities in the State concerned." Furthermore, the Committee on the Elimination of Racial Discrimination suggests that the State party should ensure that no obstacles are introduced in the law that prevent the holding of such transnational corporations accountable in the State party's courts when such violations are committed outside the State party. The Committee reminds the State party to sensitize corporations registered in its97territory to their social responsibilities in the places where they operate. Such statements and comments illustrate that international human rights bodies recognize that home states have extraterritorial obligations to respect, protect and fulfil human rights of individuals against corporate violations abroad. The third category of state obligations concerning economic and social rights includes the obligation to fulfil, which is defined as a positive obligation. It is further divided into obligation to facilitate, provide and promote. 98 It depends, but is not limited to, available financial resources of the state. It requires states to take active measures to ensure the availability, accessibility, and affordability of economic and social rights. 99 Therefore, states are obliged to work towards abolishment of obstacles for the enjoyment of economic and social human rights.10 For example, the Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights instruct, "[a]ll States must take action, separately, and jointly, through international cooperation, to fulfil economic, social and cultural rights of persons within their territories and extraterritorially..." 10t In a failed state relating to corporate actors registered on its territory, where there is no efficient governmental control or authority, which would protect economic and social rights, an extraterritorial state may become the primary holder of an obligation to fulfil economic, social and cultural rights. The size and availability of a state's financial resources will play a large role in meeting these standards to protect economic and social 96 Committee on the Rights of the Child, General Comment No 16 on State Obligations Regarding the Impact of the Business Sector on Children's Rights: What is Its Standing, Meaning, and Effect?, 62nd Sess., U.N. Doc. CRC/C/GC/16 (April 17, 2013). 97 Committee on the Elimination of Racial Discrimination, CERD/C/GBR/CO/18-20, (September 14, 2011); see also Concluding observations of the Committee on the Elimination of Racial Discrimination, CERD/C/CAN/CO/19-20, (March 9, 2012). 98See Committee on Economic, Social and Cultural Rights, General Comment 12, Right to adequate food 20th session, 1999, U.N. Doc. E/C. 12/1999/5 (1999). 99See generally Economic, Social, and Cultural: Norms on the Responsibility of Transnational Corporations and Other Business Enterprises with Regard to Human Rights, Economic and Social Council, U.N. Doc. E/CN.4/Sub.2/2003/12/Rev.2, 4 (2003); The Maastricht principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights, http://www.fian.org/fileadmin/media/publications/2012.02.29_-Maastricht Principles on Extraterritorial Obligations.pdf (last visited June 30, 2013). 10oSee QUB Budget Analysis Project, Budgeting for Economic and Social Rights: A Human Rights Framework, 43 (QUB School of Law, Belfast, 2010). 101The Maastricht principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights, http://www.fian.org/fileadmin/media/publications/2012.02.29__Maastricht Principles onExtraterritorialObligations.pdf (last visited June 30, 2013).

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