A Duty to Negotiate in Good Faith as Part of the Duty to Cooperate to Establish ‘An International Legal Order in which Human Rights can be Fully Realized’ In: The Struggle for Human Rights

De Schutter, Olivier
(2021) The Struggle for Human Rights. — ISBN: [9780198868064], Chapter 10 - p.p. 140–C10.N67, published

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The Declaration on the Right to Development refers to the duty of states to ‘co-operate with each other in ensuring development and eliminating obstacles to development’, and the extraterritorial human rights duties of states have gained visibility in recent years. Such duties include the conclusion of conventions, which the International Covenant on Economic, Social and Cultural Rights explicitly refers to. This chapter explores whether such a duty is enforceable. It argues that, whereas states have a sovereign right to choose whether or not to conclude an international agreement, they may be obliged to negotiate in good faith with a view to reaching a satisfactory agreement, in circumstances where the realization of human rights requires international cooperation. Far from being purely rhetorical, such a duty requires that the state put forward proposals, with a view to strengthening international cooperation, that are both sufficiently concrete and ‘reasonable’. This means in particular that in the distribution of the burdens and benefits, such proposals should take into account the principle of common but differentiated responsibilities and respective capabilities.
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De Schutter, O. (2021). A Duty to Negotiate in Good Faith as Part of the Duty to Cooperate to Establish ‘An International Legal Order in which Human Rights can be Fully Realized’ In: The Struggle for Human Rights. In Nehal Bhuta, Florian Hoffmann, Sarah Knuckey, Frédéric Mégret, and Margaret Satterthwa (ed.), The Struggle for Human Rights. (p. Chapter 10 - p.p. 140–C10.N67). Oxford University Press. https://doi.org/10.1093/oso/9780198868064.003.0010