Extraterritorial obligations of states under international human rights law in the context of international development cooperation
Автор: Tillabayev Mirzatillo Alisherovich, Hamdamova Firuza Urazaliyevna
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Права человека в Евразийском пространстве
Статья в выпуске: 2 (9), 2014 года.
Purpose: Research of the extraterritorial obligations of states under international human rights law, their characteristic and the main tendencies of their development. Methodology: Formally legal and comparative analysis of the relevant international human rights documents and legal doctrine. Results: The article provides detailed analysis of nature and scope of extraterritorial human rights obligations of states. To this end, it refers to the relevant provisions of the International Covenant on Economical, social and cultural rights, the Convention on the Rights of the Child, Convention on the rights of person with disabilities as well as soft law sources such as Maastricht Principles and Limburg Principles. International human rights law implies that states shall provide implementation of human rights not only within their own territory but also outside their territory. It is emphasized that without international assistance «the full realization of human rights will remain unfulfilled aspiration in many countries. It means states have extraterritorial obligations under human rights law. To be more precise, the obligation of international cooperation, in particular, development cooperation, implies, on the one hand, the obligation of developed states to provide assistance to developing states, on the other hand, the obligation of developing states to seek and to accept assistance suggested. To conclude, International development cooperation is a part of international cooperation and extraterritorial obligations are a part of obligations within international development cooperation. Analysis of different views with regard to the issue and provides that extraterritorial human rights obligations are not only implied by human rights documents but directly derived from legally binding international documents such as UN Charter and the Declaration on principles of friendly relations and cooperation among states. Novelty/originality/value: Article has the high scientific value as contains author’s generalizations and conclusions, important systems for understanding and the content of the extraterritorial obligations of states under international human rights law.
Extraterritorial obligations, protect and fulfill human rights, international cooperation and assistance, obligation to respect, lack of resources, maastricht principles, limburg principles, the obligation of developed states to provide assistance to developing states
Короткий адрес: https://sciup.org/14027704