75 The Advisory Opinion of the Inter-American Court of Human Rights declares that States are obliged to protect human rights impacted by environmental degradation, even if such are beyond their territorial jurisdiction. This principle flows from the erga omnes371 nature of States’ duty to protect human rights: The States Party to the Convention [American Convention] have erga omnes obligations to respect protective provisions and to ensure the effectiveness of the rights set forth therein under any circumstances and regarding all persons. The effect of these obligations of the State goes beyond the relationship between its agents and the persons under its jurisdiction, as it is also reflected in the positive obligation of the State to take such steps as may be necessary to ensure effective protection of human rights in relations amongst individuals. The State may be found responsible for acts by private individuals in cases in which, through actions or omissions by its agents when they are in the position of guarantors, the State does not fulfill these erga omnes obligations embodied in Articles 1(1) and 2 of the Convention.372 In conjunction with the erga omnes nature of States’ duty to protect human rights, the duty to act on climate change is also necessarily implied in each State’s duty of international cooperation in addressing human rights issues as provided in the United Nations Charter: “All UN Member States pledge themselves to take joint and separate action in cooperation with the Organization for the achievement of universal respect for, and observance of, human rights and fundamental freedoms for all.”373 Likewise, the CESCR affirms that States have extraterritorial obligations to ensure that human rights are given due attention in international agreements.374 Cooperation among States is critical to mitigating climate change. It is in fulfillment of this duty to cooperate that States came together through UNFCCC to address the global problem of climate change, particularly to “achieve stabilization of greenhouse gas concentrations in 371 Erga Omnes Obligations are obligations owed by states to the international community as a whole, intended to protect and promote the basic values and common interests of all. The principle was recognized in the Barcelona Traction Case (citing Barcelona Traction, Light and Power Company, Limited, Judgment, I.C.J. Reports 1970, p. 3. Question of Admissibility-Capacity of Applicant Government to Act). 372 Cf. Case of the “Mapiripán Massacre” v. Colombia, Judgment of 15 September 2005. Series C No. 134, para. 111. 373 Relationship Between Climate Change and Human Rights Report, supra note 221; U.N. Charter, 1 UNTS XVI. 374 See Committee on Economic, Social and Cultural Rights General Comments Nos. 12, 13, 14, & 15.

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