Extraterritorial obligations of states on economic, social, cultural rights and development operations

Resumo

The work in question therefore aims to analyze the extraterritorial obligations of ICESCR Contracting Parties in the context of development cooperation operations that could jeopardize the enjoyment of human rights across the border. Following the detailed examination of some cases specifically related to bilateral development financing activities, and to the effects on economic, social and cultural rights of the recipient populations, the analysis will focus briefly on the issue of state responsibility for the violation of human rights in third countries through international organizations and financial institutions. It can be anticipated that if the development cooperation practice derived from the rulings of the Committee on Economic, Social and Cultural Rights (CESCR) and the further monitoring bodies active in the United Nations provides relatively significant indications. The nature of state obligations in bilateral cooperation activities, the respective commitments of Contracting Parties of International Covenant on Economic, Social and Cultural Rights in the context of participation in international institutions or organizations, however, remain difficult to verify and identify.