Book contents
- Frontmatter
- Preface
- Contents
- List of Abbreviations
- Chapter 1 Introduction
- Chapter 2 IFIs Positioning Themselves in the Human Rights Field
- Chapter 3 Applicable Human Rights Obligations
- Chapter 4 Attributing Unlawful Conduct to IFIs and their Member States
- Chapter 5 Accountability and Redress
- Chapter 6 Concluding Remarks
- Annex I Tilburg-GLOTHRO Guiding Principles on the World Bank Group, the International Monetary Fund and Human Rights
- Annex II Draft Articles on the Responsibility of States for Internationally Wrongful Acts (2001) (excerpts)
- Annex III Draft Articles on the Responsibility of International Organizations (2011) (excerpts)
- Annex IV Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights (2011) (excerpts)
- Annex V UN Guiding Principles on Business and Human Rights (2011) (excerpts)
- Bibliography
Annex IV - Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights (2011) (excerpts)
Published online by Cambridge University Press: 12 December 2017
- Frontmatter
- Preface
- Contents
- List of Abbreviations
- Chapter 1 Introduction
- Chapter 2 IFIs Positioning Themselves in the Human Rights Field
- Chapter 3 Applicable Human Rights Obligations
- Chapter 4 Attributing Unlawful Conduct to IFIs and their Member States
- Chapter 5 Accountability and Redress
- Chapter 6 Concluding Remarks
- Annex I Tilburg-GLOTHRO Guiding Principles on the World Bank Group, the International Monetary Fund and Human Rights
- Annex II Draft Articles on the Responsibility of States for Internationally Wrongful Acts (2001) (excerpts)
- Annex III Draft Articles on the Responsibility of International Organizations (2011) (excerpts)
- Annex IV Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights (2011) (excerpts)
- Annex V UN Guiding Principles on Business and Human Rights (2011) (excerpts)
- Bibliography
Summary
The Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights were adopted by a group of experts in international law and human rights at a gathering on 28 September 2011 organised by Maastricht University and the International Commission of Jurists. The experts came from universities and organisations located in all regions of the world and included current and former members of international human rights treaty bodies, regional human rights bodies, and former and current Special Rapporteurs of the United Nations Human Rights Council. Their work was based on legal research conducted over a period of more than a decade. The final version of the Principles, dated 29 February 2012, can be found at www.maastrichtuniversity.nl/ web/Institutes/MaastrichtCentreForHumanRights/MaastrichtETOPrinciples.htm. Although not legally binding, the Principles are often (and increasingly) referred to in national and international legal and semi-legal practice. See www.etoconsortium.org/.
Principle 8
Definition of extraterritorial obligations
For the purposes of these Principles, extraterritorial obligations encompass:
a) obligations relating to the acts and omissions of a State, within or beyond its territory, that have effects on the enjoyment of human rights outside of that State's territory; and
b) obligations of a global character that are set out in the Charter of the United Nations and human rights instruments to take action, separately, and jointly through international cooperation, to realize human rights universally.
Principle 9
Scope of jurisdiction
A State has obligations to respect, protect and fulfil economic, social and cultural rights in any of the following:
a) situations over which it exercises authority or effective control, whether or not such control is exercised in accordance with international law;
b) situations over which State acts or omissions bring about foreseeable effects on the enjoyment of economic, social and cultural rights, whether within or outside its territory;
c) situations in which the State, acting separately or jointly, whether through its executive, legislative or judicial branches, is in a position to exercise decisive influence or to take measures to realize economic, social and cultural rights extraterritorially, in accordance with international law.
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- The World Bank Group, the IMF and Human RightsA Contextualised Way Forward, pp. 79 - 86Publisher: IntersentiaPrint publication year: 2015