The no-harm principle has been subsequently codified in the 1972 Stockholm Declaration
and the 1992 Rio Declaration.97 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.”98 The Articles define ‘harm’ as “harm caused to persons, property or
the environment.”99 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.”100 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 case of violations.101 As such, a Party’s failure to “take
appropriate measures or to exercise due diligence to prevent, punish, investigate or redress the
harm” caused by private entities could give rise to violations of the ICCPR.102
With respect to economic, social and cultural rights, Article 2(1) of the International
Covenant on Economical, Social, and Cultural Rights (ICESCR) sets forth the obligation of State
Parties to work toward the progressive implementation of the rights under the Covenant. Each
Party agrees to “take steps, individually and through international assistance and co-operation,
especially economic and technical, to the maximum of its available resources,” and “all
appropriate means” to achieve the full realization of the specified rights.103 The UN Committee
on Economic, Social, and Cultural Rights has emphasized that the ICESCR imposes immediate
obligations on Parties to take concrete and targeted actions toward the realization of those
rights.104 In regard to corporations, it has stated that: “States Parties should also take steps to
prevent human rights contraventions abroad by corporations that have their main seat under their
97
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.
98
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.
99
Id. at art. 2; United Nations General Assembly, Report of the International Law Commission: Fifty-third Session,
Fifty-Sixth Session, 2001 at 386.
100
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).
101
Human Rights Committee, General Comment No. 31, The Nature of the General Legal Obligation Imposed on
States Parties to the Covenant, Eighteenth Session, May 26, 2004 at ¶ 6.
102
Id. at ¶ 8.
103
Internatinoal Covenant on Economic, Social and Cultural Rights, December 19, 1966, art. 2(1), 993 U.N.T.S. 3.
104
United Nations Committee on Economic, Social and Cultural Rights, General Comment No. 3: The Nature of
States Parties’ Obligations, Fifth Session, Dec. 14, 1990, at ¶ 2.
26
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents