A/HRC/12/27
page 16
V. CONCLUDING REMARKS
40. In the current state of the world, troubled by turbulence in all its forms, international
solidarity is a supreme precondition to human dignity, which is the basis of all human
rights, human security and survival for our common future. International cooperation, the
core of international solidarity, is well established in international law. Towards the
recognition of a right of peoples and individuals to international solidarity, there is fertile
terrain to be explored further, exemplified by a plurality of laws and processes, public
policies and multilateral and bilateral arrangements that can be purposively interpreted in
the light of justice, equity and sustainable development.
41. Having explored the legal ground, the independent expert concludes that there is
ample and unequivocal evidence of the existence of a principle of international solidarity. A
survey of the field of international solidarity shows the existence of numerous global public
values, policies, concepts and norms in various international instruments of law and policy,
mostly in the realm of soft law, lex ferenda or international public policy, where law, ethics,
ideals, morals and politics meet. This constitutes a body of values and laws that can support
the construction of a normative framework for human rights and international solidarity,
and the concomitant emergence of a right of peoples and individuals to international
solidarity, based on the underlying principle of consensus, which guides the making of
international law. To a lesser extent, there is also a substantially harder body of law with
binding obligations of international solidarity and cooperation. To support both soft and
hard laws, there is a formidable body of State and non-State practice in acting upon such
obligations. Gaps need to be bridged between soft and hard law, values and norms, through
a diversity and plurality of legal processes and broader approaches to interpretation,
recognizing that global governance depends on a number of stakeholders who all
contribute to the making of international law and policy.
42. The typology of obligations to respect, protect and fulfil is a useful framework to
interpret provisions on international cooperation and solidarity. International cooperation
and solidarity are based on the concept of shared responsibility. The notion of common but
differentiated responsibilities has potential value in the development of a right of peoples
and individuals to solidarity. It may be argued that obligations based on international
solidarity, where they concern the most fundamental human rights, can go beyond the
limits of State borders, as they are owed erga omnes rather than inter partes.
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