conduct outside its borders that has consequences within its borders”2.
The principle is the logical counterpart of the ‘no harm principle’ in public
international law, a principle that is specifically referenced in the Preamble to the UN
Framework Convention on Climate Change:
Recalling also that States have, in accordance with the Charter of the
United Nations and the principles of international law ... the responsibility
to ensure that activities within their jurisdiction or control do not cause
damage to the environment of other States or of areas beyond the limits of
national jurisdiction.
It follows that where states fail to prevent activities within their jurisdiction
damaging the environment beyond their borders, the affected states should have
jurisdiction over the relevant conduct.
Such an extension of jurisdiction is also consistent with the fundamental duty of
states to protect their people. Ultimately people will reject a government that
abandons them on the basis that it ‘lacks the jurisdiction’ to protect them from
harm.
2.2 Jurisdiction in relation to the Petition
The jurisdiction of the Honourable Commission derives from The Constitution of the
Republic of the Philippines, 1987, section 18:
The Commission on Human Rights shall have the following powers and functions:
(1) Investigate, on its own or on complaint by any party, all forms of human
rights violations involving civil and political rights …
(2) Provide appropriate legal measures for the protection of human rights of
all persons within the Philippines, as well as Filipinos residing abroad, and
provide for preventive measures and legal aid services to the
underprivileged whose human rights have been violated or need
protection …
(6) Recommend to the Congress effective measures to promote human rights
and to provide for compensation to victims of violations of human rights, or
their families …
These functions are elaborated in The Omnibus Rules of Procedure of the
Commission on Human Rights, April 2012.
Rule 2(1): the Commission on Human Rights shall take cognizance of and
investigate, on its own or on complaint by any party, all forms of human
2
Born, “Application of Federal Statutes in International Cases”, in International Civil
Litigation in United States Cours, page 583
4