participate in climate change mitigation and adaptation efforts with full respect for human
rights.”318
In light of the foregoing, Amicus ClientEarth recommends that the Commission find that
the text of the Paris Agreement implies that, at a minimum, global warming above the globally
agreed temperature goal of 1.5 and well below 2 degrees Celsius (and associated Carbon Budget)
constitutes “dangerous climate change” that is likely to unacceptably interfere with the exercise
of human rights for people around the globe. This textual interpretation is made in light of the
fact that, at the current temperature increase, we are already seeing serious impacts on the
exercise of human rights. ClientEarth considers the temperature goal and global Carbon Budget
to represent an appropriate and agreed-upon maximum upper threshold, or ceiling, for continued
emissions within which all actors (including States and private parties) should be expected to
operate by the UNGPs.319
Amicus ClientEarth further recommends that the Commission should find that
compliance with the Guiding Principles requires that (inter alia) the Carbon Majors prepare (in
consultation with relevant stakeholders) and publish, detailed business plans describing how they
will adjust their operations and activities so as to avoid violating human rights including by, at a
minimum, aligning their operations with internationally agreed upon warming goals. ClientEarth
considers that such a business plan would satisfy the UNGPs’ policy, due diligence and process
requirements, and be consistent with current international human rights norms. 320
Amici CIEL, ClientEarth, and Plan B recommend that, in considering the responsibilities
of the Carbon Majors, the Commission take into consideration not only the temperature targets
adopted in the Paris Agreement, but also the Convention’s ultimate objective of avoiding
dangerous anthropogenic interference with the climate. They call the Commission’s attention to
the compelling evidence set forth in the preceding sections of this joint summary amicus brief
that climate change has already caused or contributed to significant impairment of human rights
in the Philippines even at the present 1 degree Celsius of accumulated warming and emphasize
that these impacts will be dramatically exacerbated as warming increases. Amicus Our Children’s
Trust emphasizes that the best available science indicates that present levels of warming and
concentrations of greenhouse gases already constitute dangerous climate change and dangerous
anthropogenic interference with the climate system, which has caused and continues to cause
unacceptable impacts to and infringements of human rights. Our Children’s Trust therefore
recommends that the Commission declare a scientific standard – stabilization of atmospheric
carbon dioxide to below 350 ppm by 2100, equivalent to a long-term temperature rise of less
than 1 degree Celsius above pre-industrial temperatures – in order for the Carbon Majors (and
States) to fulfill their human rights obligations and redress continuing violations of human
rights.321
318
See UNDERSTANDING HUMAN RIGHTS AND CLIMATE CHANGE, supra note 57; see also CIEL brief, at pgs. 8-9.
ClientEarth brief, at ¶¶ 114-115.
320
ClientEarth brief, at ¶ 116.
321
See Summary of Amici Expert Contributions regarding the Science of Climate Change Impacts, Attribution and
Recovery, §§ I.B., V.B., supra; Summary of Amici Contributions regarding State Responsibility, § III, supra.
319
66
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