investigate the Petition. In this connection, it is irrelevant whether any of the major emitters do
business in the Philippines, as long as the effects of their activities may be regarded as a threat to
essential or vital interests of the Philippines.
APF and GANHRI note that in any event, it is not up to the respondents to protest against
breaches of sovereignty and abuses of jurisdiction; such protests are the sole prerogative of
States.48 In the Lotus case, the Permanent Court of International Justice specifically considered
whether the burden of proof lies with the State that claims it is entitled to exercise legislative and
adjudicative jurisdiction, or whether it lies with the State claiming that such jurisdiction is illegal,
and opined that it fell on the latter. 49 There is, moreover, no assumption in international law that
individuals or corporations will be regulated only once, and situations of multiple jurisdictional
competence occur frequently. In such situations there is no “natural” regulator and the
consequences of multiple laws applying to the same transactions are managed, rather than
avoided.50
V.
The broad scope of the Commission’s mandate is reinforced by the Principles
relating to the Status of National Institutions
The Principles relating to the Status of National Institutions, known as the Paris
Principles, adopted by the UN General Assembly in 1993, state that National Human Rights
Institutions (NHRIs) “shall be given as broad a mandate as possible.” 51 The Sub-Committee on
Accreditation’s General Observations, which aim to guide the interpretation and implementation
of the Paris Principles, further instruct:
A National Institution’s mandate should be interpreted in a broad, liberal and purposive
manner to promote a progressive definition of human rights which includes all rights set
out in international, regional and domestic instruments, including economic, social and
cultural rights. Specifically, the mandate should: extend to the acts and omissions of both
the public and private sectors; . . . provide the authority to address recommendations to
public authorities, to analyse the human rights situation in the country, and to obtain
statements or documents in order to assess situations raising human rights issues. 52
VI.
Human rights law practice
Plan B’s brief asserts that it is the responsibility of governments to take measures to
protect the fundamental rights of their citizens, regardless of the source of threat. 53 For example,
Article 1 of the European Convention on Human Rights states: “The High Contracting Parties
shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of
this Convention (…)” (emphasis added).
48
See APF & GANHRI brief, at ¶ 15 (and sources cited therein).
S.S. Lotus Case, 1927 P.C.I.J. (ser. A) No. 10, at 19-20.
50
MALCOLM EVANS, ED., INTERNATIONAL LAW, 457 (4th ed. 2014).
51
G.A. Res. 134, U.N. Doc. A/RES/48/134, Principle 2 (Dec. 20, 1993); see ELAW brief, at pgs. 13-14.
52
INT’L COORDINATING COMM. OF NAT’L INST. FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS, ICC
SUB-COMMITTEE ON ACCREDITATION GENERAL OBSERVATIONS AS ADOPTED IN MAY 2013, G.O. 1.2, 13 (2013).
53
See Plan B brief, at § 2.2 (p. 5).
49
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