Applying the Extraterritorial Territorial Obligations of States in the Area of Economic, Social and Cultural Rights

HIC

The current program and course material are to be applied and adapted to the time available, the composition and qualifications of participants, and the specific purpose and objectives of the program. The purpose could be for general knowledge, recruitment of members into the ETO Consortium, developing a strategy for parallel reporting to CESCR, strategic litigation, or assigning liability for administrative reparations for victims. Any of those and other operational options, like the regionally specific applications and the appropriate thematic ETO category need more specific modules.


The course is from broad and general, especially for newcomers. The materials are general and flexible, so that the sessions are expandable or contractible to meet current circumstances. The materials could be delivered over course of three or more days, or concentrated to provide an introduction to ETOs in a brief seminar format. If the course is combine with a workshop format, the material could be combined with strategic planning criteria for programming and determining next steps.


Objectives:
1. Become familiar with ETO sources and arguments in international law
2. Use Maastricht Principles as the contours of an ETO argument
3. Bring social capital and cases to the ETO Consortium:
4. Build ETO Consortium as a resources for applying ETOs in cases, joint efforts, campaigns, etc.)
5. Actually undertake and/or enable ETO applications in cases, joint efforts, campaigns, etc.)


Materials and Documentation:


  • Note on “International Cooperation in International Law and World Order”
  • International Covenant on Economic, Social and Cultural Rights (1966)
  • CESCR General Comments
  • Maastricht Principles
  • Maastricht Principles Commentary
  • Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, A/RES/60/147 (2006)
  • Other sources and standards, depending on the purpose
  • ETO Consortium Casebook
  • Questionnaire for exercise on local/regional applications of ETOs
  • Thematic Strategy Papers:o Conflict Occupation and War (COW)
    o Corruption
    o Ecodestruction, Climate Change
    o EIs, Landgrabbing, TNCs
    o Financial Regulation, Tax
    o IFIs, Development Cooperation
    o The Rights to Food, Health
    o Trade, Investment, IPR
  • Geographical Strategy Papers:
  • ETO Consortium application form
  • ETO Consortium members and structures contact list


The Program


Four sessions or four days


PART ONE


Getting to know ETOs:
Objectives: Become familiar with ETO sources and arguments in international law
The theory of ETOs in public international law;
Source and standards of law that bear states’ ETOs;
International cooperation obligations
Extraterritorial dimension of obligations corresponding to each ESC right;
Human rights methodology
Over-Riding Principles,
Respect/Protect/Fulfill,
Violations of commission and omission;
ETOs as applicable to central and local governments and administrations;
ETOs as applicable to nonstate actors operating extraterritorially;
Multilateral organizations’ ETOs through duty-bearing states;
ETOs in other fields of law.


PART TWO


Objectives: Use Maastricht Principles as the contours of an ETO argument
The Maastricht Principles:
Text and outline of the contours of an ETO argument;
Unpacking “state responsibility”
Third-party responsibility
State-to-state claims
Hopes and hazards of state responsibility
Applying human rights to ETOs:
Exercise: Cases to identify respect, protect and/or fulfill;
Identify scopes of jurisdiction and “effective control” to which ETOs apply;
ETOs as preventive devices to avoid harm
ETOs as remedial tools toward reparation of victims;


PART THREE


Objectives:


  • Bring social capital and cases to the ETO Consortium:
  • Build ETO Consortium as a resource for applying ETOs in cases, joint efforts, campaigns, etc.)


The ETO Consortium and its work:
Identify the typology of ETO cases and themes;
Review of select cases from the Consortium’s casebook;
Explain the ETO Consortium structures and functions;
Members (CSOs and academics) and Secretariat;
Division of labor and complementarity
Steering Committee (elected)
Focal Groups
Regional Groups
Pools of experts
Membership and inscription


PART FOUR


Objectives:


  • Build ETO Consortium as a resource for applying ETOs in cases, joint efforts, campaigns, etc.)
  • Actually undertake and/or enable ETO applications in cases, joint efforts, campaigns, etc.)


Planning Workshop:
Brainstorming session:
Identify current or potential ETO cases in the country or region
Identify current or potential ETO cases by theme
Programming/strategic planning criteria
SWOT analysis or other planning exercise
Dividing labor and assigning tasks
Determine next steps
Wrap-up
Evaluation



To check the presentation of the course in Powerpoint, click here.