Memorandum for the Petitioners | 154
ensures a just transition for the workers and communities
that depend on it;719
The respondents have a responsibility to stop investing in
and developing all new fossil fuel projects (oil and gas
fields and coal mines);720
j)
A.6.2. Remedying loss and damage
k)
Filipino communities are already being harmed by climate
change. Even with the best possible future mitigation
efforts, vulnerable countries such as the Philippines will
still have to deal with significant loss and damage;
1)
The government of the Philippines, local government
units, and taxpayers are covering the significant costs of
climate change;721 and
m)
Respondents should pay for their fair share of the damage
that is occurring at 1°C and will continue to occur even if
temperature rise is kept to 1.5°C above pre-industrial
levels.
r
A. 7. Findings concerning fundamental
principles of legal and moral
responsibility
r
Under fundamental principles of responsibility that are
common to judicial systems around the world , liability for
civil and/or human rights wrongs can be established by
demonstrating: i ) knowledge or notice of potential hanns,
including whether the hanns were reasonably foreseeable;
ii) the opportunity to avoid or reduce those hanns; and iii)
whether the actions or inactions of the respondents caused
or contributed to the harm;722
a)
,
Muttitt, G. The Sty’s Limit: Why the Paris Climate Goals Require a Managed Decline of Fossil Fuel
Production, Oil Change International, available at http://priceofoil .org/2016/09/22/the-skys limit-report/
(last accessed on 12 September 2019).
720
Id.
721
As an example, see the estimated cost of super typhoon Haiyan in this official report made by the
National Disaster Risk Reduction and Management Council ( 06-09 November 2013), Final Report re
Effects of Typhoon “ Yolanda” ( Haiyan), available at
http://www.ndnmc.gov.ph/attachments/article/ 1329/FINAL REPORT re Effects of Typhoon YOLAND
A HAIYAN 06 -09NOV2013 . pdf (last accessed on 12 September 2019) and also see Rupp, L., ( 18
November 2013), Haiyan to Cost Insurers Sliver of $14.5 Billion Estimated Damage, available at
https://www. bloomberg.com /news/articles/2013 l 1 17/haiyan to-cost-insurers-sliver-of 14 5-billion
damage-estimate (last accessed on 12 September 2019).
722
Muffett, C., supra note 141, pp. 9 13.
7 9
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