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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