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requires a detailed inquiry into whether and how corporate actors contributed
to their harms and whether, in doing so, these actors acted consistently with
relevant codes of conduct and applicable standards of care.
But the implications of the Commission’s inquiry have relevance far beyond
the Philippines. When it was filed, the present petition was the first of its
kind in a field that, as has been borne out, will and must grow rapidly. As the
consequences of climate change grow increasingly evident, widespread,
frequent and grave, individuals, communities, vulnerable populations and
public authorities at every level of government are being confronted with
these same questions. The information, analysis and testimonies presented in
this inquiry to date are already proving of value in inquiries, investigations
and litigation in other countries and fora. Because the Commission is the first
national human rights organization to examine the questions of corporate
accountability in the climate context, the findings from this inquiry could
make a profound contribution to the development of law and practice in this
field.
Q11: Could you please explain why climate litigation and investigations, such
as this, are important in addressing climate change?
A11: The climate crisis is not a single challenge but a complex web of challenges
that must be addressed at an array of levels—from the individual to the
global. The present inquiry, and similar investigations and litigation
emerging around the world, help address those challenges in several ways.
First, climate litigation is important to addressing and redressing the impacts
of climate change. In the Philippines and around the world, climate change
is having profound impacts on human lives, human rights and the
environment. Litigation can provide relief, access to justice and access to
remedy for the growing numbers of people affected by the climate crisis.
Just as significantly, climate litigation is an important pathway for recouping
or properly allocating the massive costs that must be borne by individuals
and by governments at all levels not only to respond to unnatural climate
disasters but to implement adaptive measures to reduce the risks of future
disasters—whether by building sea walls, rebuilding critical infrastructure,
changing agricultural technologies and practices, or relocating entire
communities. The Carbon Majors have contributed and continue to
substantially contribute to the climate crisis despite knowing the
consequences of their action. Ensuring that those who played a
disproportionate role in creating the climate crisis pay their share of the cost
can help provide both access to remedy and the equitable allocation of costs
for both present harms and future adaptation.
The science is clear that until the world transitions away from fossil fuels, the
impacts and associated costs of the climate crisis will continue to grow. To
date, the major carbon producers have continued to profit from the production
and sale of their products while wholly avoiding these costs. By compelling
major carbon producers to internalize risks and costs of their products that