b) situations over which State acts or omissions bring about foreseeable effects on the enjoyment of economic, social and cultural rights, whether within or outside its territory; c) situations in which the State, acting separately or jointly, whether through its executive, legislative or judicial branches, is in a position to exercise decisive influence or to take measures to realize economic, social, and cultural rights extraterritorially, in accordance with international law.62 The foregoing suggests that the obligation to engage in international assistance and cooperation under the ICESCR is of particular relevance in the context of climate change mitigation and adaptation. 3.6 Compliance Mechanisms 3.6.1 State Reporting System The State reporting system is the only compliance mechanism provided for in the ICESCR text. Under Article 16, State Parties are required to submit reports to the UN Economic and Social Council (ECOSOC), by way of the UN Secretary-General, on their observance of the obligations contained in the Covenant. Under Article 17, State Parties may indicate factors and difficulties in complying with these obligations. State Parties must submit an initial report within two years of signing the Covenant, and every five years thereafter.63 The CESCR was created by ECOSOC in 1985 to consider the reports submitted by State Parties. The CESCR is comprised of 18 members, who are elected by ECOSOC for renewable four-year terms. The members serve in their personal capacities, not as State representatives. The CESCR meets for three-week sessions twice a year, during April-May and November-December. The CESCR may also hold extraordinary sessions. The following table sets out the procedure of the State reporting system. State Reporting Procedure The State party submits its report to the CESCR. The CESCR decides at which session it will consider the report. A five-member working group of the CESCR undertakes an initial review of reports that are to be considered at the next session; this initial review includes drawing up a list of questions for the State parties. State Parties must respond in writing to the questions drawn up by the working group. The CESCR reviews the State’s report during public sessions, normally lasting around two days. The sessions center around the list of questions drawn up by the working group. Representatives of the State party present the report and respond to the working group’s questions. The members of the CESCR state their views on the report, ask questions and request further information from the State representatives, and make suggestions and recommendations. At the start of a session, NGOs are afforded the right to make presentations and present alternative reports. The CESCR produces a public report known as Concluding Observations. Concluding Observations are divided into five sections: (a) introduction; (b) positive aspects; (c) factors and difficulties impeding the implementation of the Covenant; (d) principal subjects of concern; (e) suggestions and recommendations. 21

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