79 liability for the purpose of claiming awards for damages from specific parties, which is a matter for courts to determine. The obligation of States to address climate change includes the enactment of laws to regulate businesses. These laws should hold enterprises within their jurisdictions legally liable for acts harming the environment and the climate system. In general, States must establish a general regulatory or policy environment that would incentivize the discovery, development, and use of clean energy. Dependence on carbon fuel should be discouraged. Incentives and subsidies should not be given to carbon producers. The current debate on whether the effects of climate change may be qualified as human rights violations has no bearing on the clear obligation of States under International Law, including International Human Rights Law, to protect their citizens from the negative impacts of climate change. VII. Responsibility of Business Enterprises to Respect Human Rights Although States have the duty to enact and enforce appropriate laws to ensure that businesses respect human rights,392 a State’s failure to perform this duty does not render business enterprises free from the responsibility of respecting human rights. Private actors, including business entities, must respect human rights, regardless of whether domestic laws exist or are fully enforced domestically.393 The responsibility of business enterprises to respect human rights is distinct from issues of legal liability and enforcement of national law provisions.394 A. General Responsibility There is a growing number of international standards, guidelines, and principles that restate and codify existing binding obligations from treaties and customary international 392 See United Nations Economic and Social Council, Statement on the Obligations of States Parties regarding the Corporate Sector and Economic, Social and Cultural Rights, E/C.12/2001/1 (July 12, 2011). 393 See CESCR General Comment 24, supra note 342. 394 UNGP-BHR, supra note 313.