Are Extra-Territorial Obligations Reviewable under the Optional Protocol to the ICESCR?

This article discusses the possibility of employing the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights to bring claims involving the alleged violation of extra-territorial obligations of economic, social and cultural rights. Although the Optional Protocol explicitly restricts the making of individual complaints to those within a State’s jurisdiction, it does not eliminate the possibility of extra-territorial complaints under either the inter-state complaint or, particularly, the inquiry procedures. In some cases, individuals could also bring claims if they could demonstrate that the effective jurisdiction of a State party extended beyond its borders.