No doubt, the duty of Philippine courts is to give force and effect
to the prohibitions, regulations and obligations found in
multilateral environmental agreements, whether or not they have
been transposed into local laws. 117
This is even more relevant in the light of increasing environmental challenges that are
transboundary in nature such as climate change; and where domestic laws are traditionally
limited to regulating and addressing problems within national boundaries such as in the
Philippines. Therefore, the Petitioners appeal for the Honourable Commission’s wise, novel and
courageous investigation to hold accountable the big, powerful, multinational Carbon Majors for
the human rights implications of climate change and ocean acidification.
8. Recent developments in international climate law and foreign climate legal actions,
cases, and investigations warrant official or administrative notice.
There have been a number of recent developments concerning climate change since this
Petition was filed with the Commission on September 22, 2015. The Petitioners request that the
Honorable Commission take official or administrative notice of the recent developments in
international climate law and foreign legal actions, cases, and investigations concerning climate
change, some of which are “reminiscent”118 of the tobacco investigations and cases of the 1990s.
The parties, facts, scientific bases, and legal grounds in the recent actions, cases, and
investigations are similar or relevant to or have a bearing in this Petition. This section provides
an overview of (a) the Paris Agreement and (b) climate-related legal actions, cases, and
investigations that are relevant to this Petition.
a. Paris Agreement
On December 12, 2015, the historic Paris Agreement was agreed by 195 nations. The
UNFCCC Secretariat proclaimed:
The Paris Agreement for the first time brings all nations into a
common cause based on their historic, current and future
responsibilities. The universal agreement’s main aim is to keep a
global temperature rise this century well below 2 degrees Celsius
and to drive efforts to limit the temperature increase even further to
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117
In a public lecture on environmental law and protection at the Graduate School of the University of Sto. Tomas,
Manila, Nov. 20, 2010.
118
D. Zegart, Senior Fellow at the Climate Investigations Center, Interview, The Real News Network, ExxonMobil
Investigation Reminiscent of Tobacco Wars of 1990s,
http://therealnews.com/t2/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=16015 (last
accessed Apr. 19, 2016).
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