lead to what might be called the "paradox of the many hands": the larger the number of States
involved in a situation that creates obstacles to one State fulfilling its human rights obligations, the
more difficult it will be to assert a responsibility of any individual State in that situation. This problem
is well known in the area of climate change.168 But it is equally relevant here, where the question is
whether any State may be held responsible for a situation -- resulting in the lack of realization of
economic and social rights in another State -- for which not the conduct of the former State alone, but
that conduct in combination with that of a large number of other States, has contributed to this
result.169
Thus, a particular violation of economic, social and cultural rights may be attributed to the conduct of
one State -- for instance, a State refusing to provide assistance despite a request to that effect, although
that State is "in a position to assist" --, even if other, intervening causes, or the conduct adopted by a
number of other States, have also played a role in the violation. But the argument remains theoretical
and largely speculative: in practice, quite apart from the lack of enforcement mechanisms to coerce a
State into discharging its obligations to provide international assistance and cooperation, alleging the
responsibility of one State in a situation for which other States also bear some responsibility
(potentially to an even larger degree) may be politically difficult to justify. This is especially the case
where the argument made is that the State in question should have done more to support the realization
of economic and social rights in another State, for instance by increasing the level of development aid
or by facilitating access of that State to international finance. In order for a State to be found
responsible for implementing trade policies that destroy local producers' ability to compete on their
own domestic markets, the classical tools of attribution and causality should suffice, once the
extraterritorial implications of human rights obligations are accepted. It is a different task altogether to
seek to engage the responsibility of that State for not providing a certain level of aid to the country
which requests it, or for not ensuring that the multilateral trading system works for the benefit of the
State which, due to its poor trade balance, finds it difficult to make progress on development
indicators. This is because liability for taking certain actions is easier to justify than liability for
omissions. But it is also because what is required here from the State is in fact to make up for the
failings of an unjust international economic order, for which that State alone cannot be held
responsible.170
b) Seeking loans
The State which cannot mobilize sufficient resources domestically may then turn to another source of
financing to realize economic, social and cultural rights: it may seek a loan from another State or from
international lending organisations such as development banks. This is a double-edged sword,
however. On the one hand, running public deficits financed by debt may be important to compensate
conduct in question, the more so since the possibility remains that the combined efforts of several States, each complying
with its obligation to prevent, might have achieved the result — averting the commission of genocide — which the efforts of
only one State were insufficient to produce" (International Court of Justice, Case concerning Application of the Convention
on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) (Judgment
of 26 February 2007), ICJ Reports, para. 430). According to the Court, how much the adoption by the State of a different
conduct could have altered the outcome would only be relevant to the question of damages to be awarded (id., para. 461).
168
Christina Voigt, "State Responsibility for Climate Change Damages", Nordic Journal of International Law, vol. 77
(2008): 1-22.
169
See, most notably, Margot E. Salomon, Global Responsibility for Human Rights: World Poverty and the Development of
International Law, cited above note 159.
170
Part of the ambition of the Declaration on the Right to Development (A/RES/41/128 (4 Dec. 1986)) is precisely to
overcome what may be seen as a gap in international human rights law. The Declaration provides that "States have the duty
to co-operate with each other in ensuring development and eliminating obstacles to development" (Art. 3(3)). Article 4,
which stipulates a duty of all States "to take steps, individually and collectively, to formulate international development
policies with a view to facilitating the full realization of the right to development", with "sustained action [being] required to
promote more rapid development of developing countries". The Vienna Declaration and Programme of Action further
confirms that "States should cooperate with each other in ensuring development and eliminating obstacles to development.
The international community should promote an effective international cooperation for the realization of the right to
development and the elimination of obstacles to development" (Vienna Declaration and Programme of Action in relation to
the right to development, adopted by the World Conference on Human Rights on 25 June 1993 and endorsed by General
Assembly resolution 48/121 of 20 December 1993, para. 10).
35
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents