Cooperative human rights obligations : operationalising cooperation for the effective protection of civil and political rights in transnational constellations

This thesis examines how complex interdependence among states can be reflected and the consequent imperative of cooperation to effectively ensure civil and political rights operationalised in international human rights law. It has long been recognised that in light of states' economic (inter-)dependence, international assistance and cooperation are necessary to enable states to fully realise economic, social, and cultural rights. In contrast, in the context of civil and political rights the concept of interdependence and its consequences have barely been explored. Seeking to fill this gap, the thesis initially outlines how transnational phenomena such as climate change or pandemics intensify states' interdependence and extend it beyond the purely economic realm. It shows that this undermines states' capacity to effectively ensure the civil and political rights of individuals within their territories and subject to their jurisdictions. On the basis thereof, the thesis proposes that states should and in fact do incur obligations to act jointly and cooperate if required to effectively protect civil and political rights in transnational constellations. The thesis uses the limited but growing case law on cooperative human rights obligations as a starting point for thinking about how the traditional co-existence paradigm could be replaced and obligations to act jointly and cooperate operationalised within existing frameworks for the protection of civil and political rights. It begins by exploring the collective enforcement character of human rights treaties and how it ought to affect the conceptualisation of the relationship of states parties thereto as a foundation for cooperative human rights obligations. The thesis subsequently reflects on which states should incur cooperative human rights obligations. It argues that a capacity-based re-conceptualisation of (extraterritorial) jurisdiction would contribute to an effective allocation and thus operationalisation of obligations to act jointly and cooperate. The thesis continues to examine the nature, contextual emergence and determination of the scope and content of cooperative human rights obligations. In particular, it proposes to situate cooperative human rights obligations along a spectrum. At its minimal end, cooperative human rights obligations are conceptualised as obliging states not to undermine other states' capacity to ensure civil and political rights. In contrast, a maximalist interpretation could conceivably require states to cooperatively achieve a specific outcome. The thesis finally critically reflects on states' responsibility for breaching cooperative human rights obligations. It focuses particularly on the allocation of the content of responsibility among multiple contributing states, advocating for their joint and several responsibility.