in relation to environmental protection, including preventing harm resulting from climate change.113 The procedural duties include the following: • • • States must ensure the assessment of environmental impacts and make environmental information public; States must facilitate public participation in environmental decision-making, including by protecting the rights of expression and association; and States must provide access to remedies for harm.114 The substantive duties on States include the following: • • States must adopt and implement legal frameworks to protect against environmental harm that may infringe on enjoyment of human rights; and, States must regulate private actors to protect against such environmental harm.115 Steps must be taken by the States where the Carbon Majors are incorporated, such as Australia, Canada, and the United States, and by the states where the harm is suffered, such as the Philippines, to ensure that the Carbon Majors refrain from the activities that are interfering with the rights of Filipinos. The States where the Carbon Majors are incorporated need to adequately regulate, while the states that are acutely vulnerable to the impacts of climate change need to monitor, assess, notify the Carbon Majors, and their states, of imminent or on-going human rights violations, and to take further action if deemed necessary. This petition presents an opportunity for the States where the Carbon Majors are incorporated to cooperate with the Philippines, a State profoundly affected by climate change, and specifically with the Honourable Commission in fully investigating this urgent matter. 7. The international law and principles discussed herein form part of the law of the land. The 1987 Constitution provides that the Philippines “adopts the generally accepted principles of international law as part of the law of the land.”116 Relevant to an administrative investigation, the application of international laws specifically in litigating environmental cases has been explained by former Supreme Court Chief Justice Renato Corona. He said: !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 113 Human Rights Council, Report of the Independent Expert on the Issue of Human Rights Obligations Relating to the Enjoyment of a Safe, Clean, Healthy and Sustainable Environment, John H. Knox, Mapping Report, TwentyFifth Session, December 30 2013, at 7, ¶ 17. 114 Id. at 9-12, ¶¶ 25-33. 115 Id. at 7-9, ¶¶ 18-24. 116 CONST. art. II, § 2. ! 36! ! ! ! ! !

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