(government, business, or other); and (3) it may be involved in impacts caused by an entity that
is directly linked to its business operations, products, or services.64
In accordance with the Guiding Principles, the Carbon Majors’ activities have contributed
to, or the Carbon Majors have been involved in, climate change related infringements of human
rights as discussed in the Statement of Facts. For one, the accumulated emissions from the
carbon these companies have produced have contributed to a consistently elevated level of
atmospheric carbon dioxide. Higher levels of atmospheric carbon dioxide increases radiative
forcing65 thereby increasing global atmospheric temperatures resulting in a multitude of climate
change impacts. For example, as discussed in the Statement of Facts, the current or predicted
climate impacts in the Alabat and Verde Island communities have resulted and/or will likely
result in the infringements of the people’s human rights.
The Interpretive Guide describes the ways in which a business’s activities may “cause,”
“contribute,” or “be directly linked” to adverse impacts on human rights.66 For example, a
corporation may be deemed to have caused an adverse impact if it is the “sole or main source” of
environmental harm in a community.67 A corporation may have contributed to an adverse impact
if it is one among other sources that have caused such harm or if it provides products or services
to a third party that then causes harm.68 Business activities can be directly linked to adverse
impacts if the corporation supplies products or services to an entity that causes or contributes to
adverse impacts.69 With respect to “cause” and “contribute”, a corporation that is responsible for
the adverse impacts “should cease or change the activity… in order to prevent or mitigate the
chance of the impact occurring or recurring;” and if an impact does occur, remediation is
necessary “either directly or in cooperation with others (be it the courts, the Government, other
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64
Interpretive Guide, supra note 25, at 15.
According the the IPCC radiative forcing is “the net change in the energy balance of the Earth system due to some
imposed perturbation,” i.e. increasing CO2 and other climate active gases in the atmosphere. Myhre, G., D. Shindell,
F.-M. Bréon, W. Collins, J. Fuglestvedt, J. Huang, D. Koch, J.-F. Lamarque, D. Lee, B. Mendoza, T. Nakajima, A.
Robock, G. Stephens, T. Takemura and H. Zhang, 2013: Anthropogenic and Natural Radiative Forcing. In: Climate
Change 2013: The Physical Science Basis. Contribution of Working Group I to the Fifth Assessment Report of the
Intergovernmental Panel on Climate Change [Stocker, T.F., D. Qin, G.-K. Plattner, M. Tignor, S.K. Allen, J.
Boschung, A. Nauels, Y. Xia, V. Bex and P.M. Midgley (eds.)]. Cambridge University Press, Cambridge, United
Kingdom and New York, NY, USA. It is also explained in this manner: “Energy is constantly flowing into the
atmosphere in the form of sunlight that always shines on half of the Earth’s surface. Some of this sunlight (about 30
percent) is reflected back to space and the rest is absorbed by the planet. And like any warm object sitting in cold
surroundings — and space is a very cold place — some energy is always radiating back out into space as invisible
infrared light. Subtract the energy flowing out from the energy flowing in, and if the number is anything other than
zero, there has to be some warming (or cooling, if the number is negative) going on.” Massachussetts Institute of
Technology, Explained: Radiative Forcing, Mar. 10, 2010, http://newsoffice.mit.edu/2010/explained-radforce-0309
(last accessed on Sept. 17, 2015).
66
Interpretive Guide, supra note 25, at 17, box 2.
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