67 The Advisory Opinion further says that States have a responsibility to ensure that activities under their jurisdiction or control, whether their own or those of non-State actors,326 do not harm people in other countries or areas outside their national jurisdiction,327 and to use all their available resources to do so. It states: The obligations to respect and to ensure human rights require that States abstain from preventing or hindering other States Parties from complying with the obligations derived from the Convention. Activities undertaken within the jurisdiction of a State Party should not deprive another State of the ability to ensure that the persons within its jurisdiction may enjoy and exercise their rights under the Convention. The Court considers that States have the obligation to avoid transboundary environmental damage that can affect the human rights of individuals outside their territory.328 The Inter-American Court of Human Rights held that the jurisdiction of States concerning the protection of human rights under the American Convention is not limited to their territorial space: In international law, the bases of jurisdiction are not exclusively territorial, but may be exercised on several other bases as well. In this sense, […] “under certain circumstances, the exercise of its jurisdiction over acts with an extraterritorial locus will not only be consistent with but required by the norms which pertain.” Human rights are inherent in all human beings and are not based on their citizenship or location. “Under Inter-American Human Rights Law, each American State is obligated therefore to respect the rights of all persons within its territory and of those present in the territory of another State but subject to the control of its agents.”329 The No Harm Rule is another principle that is now considered as part of customary international law.330 It supports the view that States have an extraterritorial obligation to protect human rights. It provides that a State is duty-bound to prevent, reduce and control 326 Id. 327 David Boyd, Report of the UN Special Rapporteur on the Issue of Human Rights Obligations Relating to the Enjoyment of a Safe, Clean, Healthy and Sustainable Environment, A/74/161 (2019) [hereinafter Safe Climate Report]. 328 IACHR Advisory Opinion 23/17, supra note 325. 329 Inter-American Commission on Human Rights, Franklin Guillermo Aisalla Molina (Ecuador v. Colombia), Admissibility Report No. 112/10 of 21 October 2011, para. 91 & Inter-American Commission on Human Rights, Case of Coard et al. v. United States, Merits Report No. 109/99 of 29 September 1999, para. 37 (emphasis supplied). 330 Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Rep 226 (1996).

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