Chapter 3 | Page 119
assistance’ based on their needs, although the task of seeking international
assistance and co-operation can be challenging for most States.
While international norms establish a strong case for assistance and cooperation, there are different forms of international assistance and cooperation. In the area of international financial assistance, bilateral and
multilateral financial assistance can take the form of either grants or loans
(debts). Apart from the option of seeking bilateral assistance, the States
requiring such assistance can also seek help through multilateral or regional
mechanisms. In addition to providing assistance and co-operation, States who
are part of the decision-making processes of international organisations such
as the International Monetary Fund and the World Bank have an additional
obligation to do all they can ‘to ensure that the policies and decisions of those
organisations are in conformity with the obligations of States Parties under the
Covenant’.90
In summary, developing States have a series of duties with regard to
international assistance and co-operation which takes the form of seeking
assistance if they do not possess necessary resources in order to ensure that
everyone under their jurisdiction enjoys the rights recognised in the
Covenant.91 The matter is, however, not settled as to whether there is a clear
and well-established principle of international law that ‘obliges’ States to
provide international assistance and co-operation as a matter of international
law.92 Yet, the discussions above indicate that rich States are ‘expected’, if not
obliged, to provide assistance and co-operation, particularly if such requests
are received from developing States. The Committee’s emphasis on
encouraging States ‘to do all they can’ suggests that the Committee considers
90
Committee on Economic, Social and Cultural Rights, Concluding Observations - United
Kingdom of Great Britain and Northern Ireland, The Crown Dependencies and the
Overseas Dependent Territories, UN Doc E/C.12/1/Add.79 (17 May 2002), 26.
91
Carmona, above n 75, 94-95.
92
See for example, Ben Saul, David Kinley and Jacqueline Mowbray, The International
Covenant on Economic, Social and Cultural Rights: Commentary, Cases, and Materials
(Oxford University Press, Oxford, 2014), 140.
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