50
should look to the UN Guiding Principles on Human Rights, which “call
for the application of a test of contributory causation, balanced by a standard
of reasonableness.”203 The Interpretive Guide to the Guiding Principles
provide further support, noting that a corporation may contribute to human
rights impacts through its own activities— either directly or through some
outside entity.204
2.128. In assessing the contribution of the respondents to human rights
harms resulting from climate change, as discussed above, the Honorable
Commission should reject a formalistic view of corporate personhood, as
presented by some respondents,205 and instead take a practical and pragmatic
approach of looking at corporate groups, e.g. parent entity or entities and
subsidiaries, based on the enterprise theory. This approach will afford the
Commission the opportunity to assess the overall contribution of the
respondent Carbon Majors to the global problem that is having severe
impacts on individuals in the Philippines.206
2.129. With this, the Honorable Commission has sufficient evidence of
factual causation to issue a finding that the Carbon Majors impleaded in the
Petition are responsible for their share of the climate change impacts and
that they must take action to prevent further harm. The petitioners welcome
the opportunity to engage in a more robust debate on legal grounds of this
investigation, hoping that the respondents will engage meaningfully and
address substantive matters during the public hearings.
F.
The issue and remedies prayed for in the
Petition are well within the Honorable
Commission’s investigative function; facts
and developments in climate science, law,
and policy can be taken notice of by the
Honorable Commission for practical
reasons.
2.130. Respondent ExxonMobil contends that the reliefs prayed for by
the petitioners go beyond the “limited authority” of the Honorable
Commission to investigate or make findings of fact. Further, respondent
ExxonMobil argues against the Honorable Commission’s potential
adjudication of the parties’ legal rights and the act of taking official or
203
ClientEarth’s amicus submission, pp. 44.
Office of the United National High Commissioner on Human Rights (2012), The Corporate
Responsibility to Respect Human Rights: An Interpretive Guide, pp. 46-49, available at
http://www.ohchr.org/Documents/Publications/HR.PUB.12.2_En.pdf, last accessed on 06 February 2017.
205
Respondent ExxonMobil’s response, op cit., pp. 7-14.
206
ClientEarth’s amicus submission, pp. 47-48.
204
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents