On 28 September 2011, at a gathering convened by Maastricht University and the International Commission of Jurists, a group of experts in international law and human rights adopted the Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights. The experts came from universities and organizations 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.

Commentary to the Maastricht principles on extraterritorial obligations of states in the area of economic, social and cultural rights

Be as it is the result of the war on terrorism, foreign military intervention, economic globalisation or otherwise, state conduct increasingly affects the human rights of individuals beyond its own borders. This book provides a comprehensive answer to the question whether existing human rights treaties are applicable in such circumstances. The principal treaties on civil and political rights require states to guarantee certain human rights to persons within their jurisdiction. What is the meaning of these terms? Are states able to evade the application of these treaties by detaining their opponents on foreign soil rather than within their own borders? Does it make a difference to the applicability of these treaties, whether a victim of an extraterritorial assassination by state agents, was a detainee, who had not been arrested? By contrast, treaties on economic, social and cultural rights tend to specifically to provide that states must strive for the full realisation of these rights through international co-operation. The problem here is that the precise nature and content of this obligation is unclear. For example, what is the extent of states' obligations to contribute to sustainable development in other states? What are their obligations as members of the executive bodies of international financial institutions such as the World Bank and the IMF? This book focuses on the extraterritorial application of four key human rights treaties: the two UN Covenants on Human Rights and the American and European Conventions on Human Rights. It reveals that supervisory bodies are inconsistent in their implementation of these treaties and discusses the pros and cons of both a restrictive and a non-restrictive approach.

Extraterritorial Application of Human Rights Treaties. Edited by Fons Coomans and Menno Kamminga. Antwerp: Intersentia, 2004. Pp. xiv, 281. Index. €60, paper.

This report aims to guide the readers in a simplified way through the EU human rights toolbox that was mapped and analysed in the FRAME authors’ previous work. The present report is divided into two main parts: the first part contains the main findings of the earlier research done on the EU’s human rights toolbox, the second part accommodates eight factsheets, each presenting one set of tools. In the first part, the report recalls the authors’ understanding of the definition of ‘toolbox’ that was interpreted by FRAME researchers in different ways. In this regard, the traditional internal-external tools division seems to be no longer adequate. This is especially visible in the second part of the report that breaks with this division when representing the eight categories of tools. The initial part also explains the seven assumptions (recommendations) that guided the authors, and that can be considered as findings of their previous research. The authors believe that the EU policy toolbox is overflowing and requires simplification. More attention and effort should be placed on the implementation of EU policies. Similarly, more effective monitoring and evaluation is needed. As stated above, the internal-external divide on human rights must be bridged for better human rights promotion and protection in and by the EU. The authors also emphasise the importance of the Charter of Fundamental Rights that shall be considered as a solid reference point in achieving EU policy objectives. It is also essential to leave some flexibility in policy options that enable the EU institutions to react according to the circumstances. Here the authors refer to the Cotonou Agreement. The final guiding principle is the changing of approach from imposing policies on legal subjects across and beyond the EU, to engaging them that makes it possible to build the EU together. Three main recommendations close the first part of the report. The authors make suggestions for the simplification of the EU human rights toolbox. They point to two guiding principles, resilience and sustainability, as key to the use of the human rights toolbox within and beyond the EU. They also explain that vertical and horizontal coherence in the use of the toolbox are necessary components contributing to the overall success of the EU human rights policies. The second part of the report presents eight factsheets as categories of EU human rights policy tools. Each factsheet contains a brief description of the tools and concrete examples identified by FRAME research. The easy-to-read factsheets also formulate recommendations, first of all to the EU institutions, i.e. the European Parliament, the European Commission, and the Council of the EU, as well as to the decision makers of the Member States.

The FRAME toolbox for the EU fundamental and human rights policies

This article examines the principles of accountability applied by the European Investment Bank in comparison with the practices of other Multilateral Lending Institutions. After a brief description of the EIB and its activities, the substantive and procedural principles governing the EIB’s external accountability are reviewed. The substantive accountability principles considered are the applicable rules of the EU legal order and the voluntary human rights, social and environmental principles and standards which the EIB has identified for itself and committed to follow throughout its operations. The article evaluates the extent to which these norms form a credible normative framework against which the EIB’s lending practices can be appraised. From a procedural accountability point of view, the article assesses the transparency and participation policies of the EIB, as well as the mechanisms offered to external stakeholders to seek redress from the EIB in case they are wronged by one of its decisions. The redress mechanisms analyzed are the recent EIB’s Complaints Office, the European Ombudsman and the Court of Justice. We conclude that the EIB should take more advantage of its being subjected to the EU human rights, social and environmental rules and of the EU judicial apparatus in order to upgrade its substantive and procedural accountability towards external stakeholders.

A Responsible Lender? The European Investment Bank's Environmental, Social and Human Rights Accountability

The concept of public participation is at the heart of the World Bank Inspection Panel (Panel) procedure. In particular, it aims at taking due account of the interests of local populations in borrowing countries and ensuring means for access to justice. The Panel procedure is characterised by flexibility and the fact that it is non-judicial in nature. The favoured method of seizing the Panel is based on complaints by private persons who consider that they have been adversely affected by a project. The Panel procedure sheds light on new trends in the contemporary legal order, especially on the need to build public spaces enabling relationships between partners destined to work side-by-side. The World Bank has joined this emerging trend by establishing the Panel as well as by taking part in the implementation of other innovative mechanisms with respect to the international decision-making process. Keywords: international decision-making process; public participation; world bank inspection panel

29. The World Bank Inspection Panel

The positive and negative human rights impacts of non-state actors

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The positive and negative human rights impacts of non-state actors