territory to be used for acts contrary to the rights of other States.98 In its Advisory Opinion on the threat or use of nuclear weapons, the ICJ stated: “The existence of the general obligation of States to ensure that activities within their jurisdiction and control respect the environment of other States or of areas beyond national control is now part of the corpus of international law relating to the environment.”99 The no-harm principle has been subsequently codified in the 1972 Stockholm Declaration and the 1992 Rio Declaration.100 The International Law Commission draft Articles on the Prevention of Transboundary Harm from Hazardous Activities states that: “The State of origin shall take all appropriate measures to prevent significant transboundary harm or at any event to minimize the risk thereof.”101 The Articles define ‘harm’ as “harm caused to persons, property or the environment.”102 In light of the transboundary effect of climate change and the no-harm principle, the continued production and burning of fossil fuels must be prevented. With respect to civil and political rights, Article 2 of the International Covenant on Civil and Political Rights (ICCPR) states that “Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant.”103 The Human Rights Committee has interpreted this provision to impose both negative and positive obligations on Parties—in other words, States must refrain from violating rights as well as adopt laws or other measures to fulfil their legal obligations and provide remedies in !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 98 Corfu Channel case, Judgment of Apr. 9th, 1949, I.C. J. Reports, p. 4, 22 (1949). Legality of the Threat or Use of Nuclear Weapons (Advisory Opinion), I.C.J. Reports, p. 226 241-242, ¶ 29 (1996). 100 United Nations Conference on the Human Environment, Declaration of the United Nations Conference on the Human Environment, June 16, 1972 at princ. 21; United Nations Conference on Environment and Development, Rio Declaration on Environment and Development, June 14, 1992, at princ. 2. 101 Prevention of Transboundary Harm from Hazardous Activities, Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 10 (A/56/10), at art. 3; United Nations General Assembly, Report of the International Law Commission: Fifty-third Session, Fifty-Sixth Session, 2001 at 394. 102 Id. at art. 2; United Nations General Assembly, Report of the International Law Commission: Fifty-third Session, Fifty-Sixth Session, 2001 at 386. 103 International Covenant on Civil and Political Rights, December 19, 1966, 999 U.N.T.S. 171, 6 I.L.M. 360 at art. 2(1). 99 ! ! ! ! ! 42 !