A/HRC/28/65 negotiation of a new legally binding instrument is one among many alternative ways through which the fight against impunity for human rights violations could be further strengthened. He also suggested that States cooperate with one another in order to ensure that victims are provided with effective remedies in transnational cases. The Special Rapporteur supports the recommendations made by her predecessor and urges States to consider bringing his proposals to the Human Rights Council for further clarification on the States’ obligation in relation to non-regulatory means; to identify best practices regarding cooperation between States; and for the adoption of a resolution to draw attention to the Maastricht Principles. The Special Rapporteur recommends that the Human Rights Council establish a mechanism to explore the feasibility of seeking an advisory opinion from the International Court of Justice to determine the legal obligations associated with the extraterritorial implementation of the right to food. The advisory opinion of the Court would itself have no legally binding effect, however, as the highest international court, it has an interpretative authority with respect to particular legal questions. Legal clarification would increase the influence of voluntary regulatory efforts having the goal of reaching legally binding agreements. VI. Conclusion and recommendations 71. The question of justiciability of economic, social and cultural rights has long been debated in the international sphere. States have been reluctant to allow for individual complaint procedures before the Covenant. All human rights are indivisible, and should be protected as such. Economic, social and cultural rights are more than mere aspirations, they are necessary conditions for the stability of the democratic order, and economic power must be subject to democratic control. The newly ratified Optional Protocol is an effort to equalize and operationalize those two categories of rights and empower the justiciability of the economic, social and cultural rights. The Special Rapporteur intends to work closely with civil society and States to promote ratification and use of the Optional Protocol and bring violations to the attention of the Committee on Economic, Social and Cultural Rights as a practical means of eradicating hunger and promoting the right to adequate food. The Optional Protocol has the potential to contextualize and operationalize the right to food at international and national levels. However, we should not be complacent as much remains to be done beyond the scope of the Optional Protocol. Wealthy States not only have moral obligations to address poverty and hunger beyond their borders, they are also legally obliged to do so under international law. International cooperation and development assistance must become the legal norm in an increasingly global world. Despite established duties in a number of human rights documents and voluntary principles, significant barriers and loopholes exist in relation to the extraterritorial application of States obligations in human rights law. A coordinated international response is essential in order to maintain international peace and security and to ensure protection of the most vulnerable in times of economic globalization. 72. The Special Rapporteur recommends that States: (a) For those that have not already done so, ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights as a matter of priority; (b) Ensure recognition of the justiciability of the right to food by judicial and quasi-judicial bodies at the national, regional and international levels; (c) Ensure renewed political commitment to the progressive realization of the right to adequate food by adopting policies, constitutional principles and 20

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