Amicus Curiae Brief presented by
ClientEarth
21 November 2016
113.
The Interpretive Guide states that, where a business contributes or may
contribute to a human rights impact, it should take action to cease or to prevent the
contribution, and also use its leverage to mitigate any remaining impact (by other
parties involved) to the greatest extent possible.85
114.
Compliance with the Guiding Principles should be interpreted by the Commission
in light of, and in accordance with, the international legal framework governing
climate change, as well as other norms of international environmental law, including
the precautionary principle and the polluter pays principle.86 This is consistent with
Section 2 of Article 2 of the Constitution, which states that:
“[t]he Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation, and
amity with all nations.” [Emphasis added.]
115.
Accordingly, the Commission should carefully consider the implications of the
globally agreed temperature target of keeping warming between 1.5 and 2 degrees
celsius (and associated carbon budget) contained in the Paris Agreement. This
temperature goal now represents the generally accepted definition in international
law of 'dangerous climate change' that is likely to unacceptably interfere with the
exercise of human rights for people around the globe (although such human rights
impacts are already occurring in some regions). It therefore represents an
85
86
See note 66 at p 48.
See note 68 at p 77.
55
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