There is a significant ongoing debate involving the term “international assistance and cooperation” used in human rights legal instruments. Lingering questions remain, about what the phrase means and whether or not there is a right to it. The purpose of this essay will focus on 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 continuing discussion will be explored and the answers to both of these integral questions will be identified.II. THE LINEAGE OF INTERNATIONAL ASSISTANCE AND COOPERATION A formidable lineage within the United Nations exists where the theory of international assistance and cooperation is invoked. The roots of this theory, and some would say the legal obligation of assistance and cooperation, can be traced back to Articles 55 and 56 of the United Nations Charter. This article proclaims that the purpose of the articles is "joint and separate action in cooperation" to promote what would later be considered economic, cultural and social rights. The instructive language of the Charter was followed by that of Article 22 of the Charter. the Universal Declaration of Human Rights. The guarantee of respect for economic, social and cultural rights is outlined. It establishes that these rights must be realized “through national effort and international cooperation”. The Declaration is commonly considered customary international law. The International Covenant on Economic, Social and Cultural Rights, hereinafter "ICESCR", establishes this duty in Article 2, paragraph 1. It identifies the binding obligation on each State Party to "take measures, individually and through assistance and international cooperation, especially economic and technical,...... halfway through the document... States have ratified". Supporting evidence is found in case law, declarations, principles, guidelines, actions of States, comments of the Committee and the activity of international organizations. These demonstrate that there is a right to international assistance and cooperation. The obligation extends to interactions between high- and low-income states, trade agreements, development assistance, and the activities of international organizations. The IESCR establishes the obligation for States Parties to work independently and jointly to achieve the objectives of the treaty. In particular, it identifies the responsibility to take these steps economically and technically. Therefore, the basic structure of international assistance and cooperation is in place. However, questions remain about what exactly the obligations entail and therefore what international assistance and cooperation mean.
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