A/HRC/12/27
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F. Obligations of the State to respect, protect and fulfil and shared responsibility
22. While the obligations of a State to respect, protect and fulfil human rights are traditionally
related to persons under its jurisdiction (nationals or foreigners), in the context of global
interdependence it becomes necessary to recognize the existence of extraterritorial State
obligations. With regard to the range of actions that fall within the category of international
cooperation, the obligations relating to international assistance and cooperation are
complementary to the primary responsibility of States to meet their national human rights
obligations. International cooperation rests on the premise that developing countries may not
possess the resources for the full realization of rights set forth in conventions. There is a shared
responsibility for development met by States’ national obligations and the obligations of
international cooperation, facilitating global implementation. Responsibility sharing has a basis
in key texts6 in the law relating to refugees and asylum-seekers, going back many years. The
preamble to the Convention relating to the Status of Refugees notes that the granting of asylum
may place an unduly heavy burden on certain countries, and that a satisfactory solution of a
problem of which the United Nations has recognized the international scope and nature cannot
therefore be achieved without international cooperation. According to article 2.2 of the
Declaration on Territorial Asylum, where a State finds difficulty in granting or continuing to
grant asylum, States individually or jointly or through the United Nations should consider, in a
spirit of international solidarity, appropriate measures to lighten the burden on that State. At the
regional level, the Organization of African Unity Convention Governing the Specific Aspects of
Refugee Problems in Africa enshrines the principle of solidarity.
G. Sustainable development and common responsibilities
23. Sustainable development is today universally recognized as a goal of the global community
and as a principle of international law. Its basic concept, and the body of laws, policies and
values which it encompasses, offer far reaching possibilities for the development of obligations
in international solidarity. The idea of shared responsibilities here goes a step further,
recognizing the principle of common but differentiated responsibilities, embodied in
international legal instruments accommodating global inequalities and the need to deal with them
equitably. Obligations to cooperate apply to States and all other actors. Principle 3 of the
New Delhi Declaration of Principles of International Law relating to Sustainable Development
adopted by the International Law Association on 6 April 2002 provides that “States and other
relevant actors have common but differentiated responsibilities; all States have a duty to
cooperate in the achievement of global sustainable development and the protection of the
environment. International organizations, corporations (including in particular transnational
corporations), non-governmental organizations and civil society should cooperate in and
contribute to this global partnership (resolution 2002/3). Principle 5 of the Johannesburg
Declaration on Sustainable Development of the World Summit on Sustainable Development
calls for collective responsibility to advance sustainable development - economic development,
social development and environmental protection - and focuses on implementation, as presented
in its plan of implementation.
6
See J. Fitzpatrick, “Temporary protection of refugees: elements of a formalized regime”, 94’
American Journal of International Law, 2000.
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