The Debate Over International Assistance and Cooperation

There is a significant ongoing debate involving the phrase ‘international assistance and cooperation’ which is used in human rights law instruments. The lingering questions, of what the phrase means and whether or not there is a right to it, persist. The scope of this essay will focus upon the inclusion of these words in Article 2 of the International Covenant on Economic, Social and Cultural Rights. Here the reasons for the uncertainties and continued deliberation will be explored and answers to both of these integral questions identified.

II. THE INTERNATIONAL ASSISTANCE AND COOPERATION LINEAGE

A formidable lineage within the United Nations exists where the international assistance and cooperation theory is invoked. The roots of the theory, and some would say legal obligation of assistance and cooperation, be can trailed back to Articles 55 and 56 of the U.N. Charter. There, a purpose of the Articles is proclaimed to be ‘joint and separate action in co-operation’ to promote what would later be regarded as economic, cultural and social rights.

The instructive language of the Charter was followed by that of Article 22 of the Universal Declaration of Human Rights. It outlines a guaranteed respect for economic, social and cultural rights. It establishes that those rights are to be realized ‘through national effort and international cooperation’. The Declaration is commonly upheld to be customary international law.

The International Covenant on Economic, Social and Cultural Rights, hereafter the ‘ICESCR’, lays out the duty in Article 2(1). It identifies a binding obligation for each State Party to ‘take steps, individually and through international assistance and co-operation, especially economic and technical,...

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... States have ratified. Supporting evidence is found in the case law, declarations, principles, guidelines, actions of States, Committee comments, and activity of international organisations. These prove there is a right to international assistance and cooperation. The obligation extends to the interactions between high and low income States, trade agreements, development assistance, and international organization activities.

The IESCR sets out an obligation for State Parties to independently and jointly work to achieve the objectives of the treaty. In particular, it identifies a responsibility to take these steps in economical and technical ways. Thus, the basic structure of international assistance and cooperation is in place. Still, questions as to what the obligations exactly entail, and hence what international assistance and cooperation means remain.