53
2.137. In suggesting that the Honorable Commission takes
administrative or official notice of policy and scientific developments related
to climate change, petitioners were merely proposing a practical approach of
fact-finding, and not a rule of evidence in adjudicating the legal rights of
parties in a judicial proceeding.
2.138. For example, the petitioners are saying that the Honorable
Commission should treat the findings of the Intergovernmental Panel on
Climate Change (IPCC), a scientific body and intergovernmental
organization set up by the United National Environment Programme and the
World Meteorological Organization, as fact. The state of climate science as
reported by the IPCC “is now sufficiently certain and reliable to demonstrate
the world is endangered by carbon emissions.”214 As noted by experts, the
Honorable Commission can accept that climate change is having, and will
continue to have, significant impacts on the human rights of the people of
the Philippines, based on the overwhelming scientific evidence as reported
by the IPCC.215
III.
REFUTATIONS TO RESPONDENTS’
RESPECTIVE RESPONSES TO THE PETITION
(Responses received by the Business & Human Rights Resource Centre)
A.
Overview of responses received by the
Business & Human Rights Resource
Centre (BHRRC).
3.1. The independent non-profit Business & Human Rights
Resource Centre (BHRRC), a well-established and respected clearinghouse
for information on business and human rights that is respected by
companies, governments, civil society, media and investors,216 invited fortyfive (45) respondents to share responses submitted to the Honorable
Commission in accordance with the 21 July 2016 Order. Eleven (11)
companies volunteered their positions, one (1) company (Husky Energy)
214
Estrin, D. Limiting Dangerous Climate Change the Critical Role of Citizen Suits and Domestic Courts –
Despite the Paris Agreement, p. 7, available at
https://www.cigionline.org/sites/default/files/paper_no.101.pdf, last accessed on 03 February 2017. See
Urgenda Foundation v. the State of the Netherlands, C/09/456689 / HA ZA 13-1396 (English translation),
24 June 2015, para 4.90, available at http://www.urgenda.nl/documents/VerdictDistrictCourtUrgendavStaat-24.06.2015.pdf , last accessed on 06 February 2017. [Hereinafter, Urgenda Verdict:
“[S]ufficient causal link can be assumed to exist between the Dutch greenhouse gas emissions, global
climate change and the effects (now and in the future) on the Dutch living climate. The fact that the current
Dutch greenhouse gas emissions are limited on a global scale does not alter the fact that these emissions
contribute to climate change. The court has taken into consideration in this respect as well that the Dutch
greenhouse emissions have contributed to climate change and by their nature will also continue to
contribute to climate change.”]
215
ClientEarth’s amicus submission, p. 39.
216
For more information about the Business & Human Rights Resource Centre, please see: https://businesshumanrights.org/en/business-human-rights-resource-centre-a-brief-description.
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