enjoyment of economic, social and cultural rights under any given circumstances.”110 The United Nations Committee on the Rights of the Child in General Comment 16 finds that States should “[e]nsure access to effective remedy for children whose rights have been infringed by a business enterprise acting as a private party or as a State agent.”111 Access to justice and effective remedy is of particular importance to the youth Petitioners. The Maastricht Principles articulate the current state of international law regarding ETOs, as set out above, including the obligation for states to avoid causing harm. Principle 13 states that: States must desist from acts and omissions that create a real risk of nullifying or impairing the enjoyment of economic, social and cultural rights extraterritorially. The responsibility of States is engaged where such nullification or impairment is a foreseeable result of their conduct. Uncertainty about potential impacts does not constitute justification for such conduct.112 In the climate context, Principle 13 demonstrates that action needs to be taken now to avoid the foreseeable risk of more severe impacts and resulting from the Carbon Majors’ business activities and operations. Through the current efforts of the Special Rapporteur on Human Rights and Environment in promoting and reporting on the realization of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, there is recognition that international human rights law imposes certain procedural and substantive obligations on States !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 110 Human Rights Council, Annual Report of the United Nations High Commissioner for Human rights and Reports of the Office of the High Commissioner and the Secretary-General, Fifth Session, January 15, 2009, at ¶ 77, http://www2.ohchr.org/english/issues/climatechange/docs/A.HRC.10.61_AUV.pdf (last accessed on Apr. 20, 2016). 111 General Comment 16, supra note 33 at 4. 112 Maastricht Commentary, supra note 35, at 1112.. ! ! ! ! ! 44 !