concentrations of CO2 must decline to at least 350 ppm by 2100 in order to restore the
atmospheric resource and the long-term stability of the climate system (see Section II, supra).
This Commission can aid in a global atmospheric and climate recovery effort by
continuing the investigation of the Carbon Majors’ responsibility for violations or threats
of violations of human rights, which will help provide the Philippine government and other
States with the necessary information to pursue Natural Resource Damage recovery from
the Carbon Majors. Recovery of atmospheric and climate system Natural Resource Damages
from the Carbon Majors would fund carbon sequestration programs that satisfy the Philippines’
“proportionate share”44 of the carbon drawdown necessary to return to 350 ppm of CO2 by the
end of this century. Such carbon sequestration programs may also have the added co-benefit of
helping the government to limit and adapt to the climate harm and human rights infringements
experienced by Filipinos due to the actions of the Carbon Majors.45 It is important to note,
however, that Natural Resource Damages are distinct from damages owed to the people for the
violation of human rights or damages for the cost of adapting to climate impacts. Recovery for
all types of damages is crucially important, but this submission focuses on the steps that the
Philippines can pursue to restore the atmosphere and climate system public trust resources from
their presently impaired states.46 Moreover, achieving long-term atmospheric recovery and
climate stability is necessary to prevent continued human right violations and threats of human
right violations.
Briefly, there are three steps that the Philippine government could follow to seek Natural
Resource Damages from the Carbon Majors. First, carbon sequestration projects 47 need to be
identified in the Philippines. 48
Second, the Philippines would sue the Carbon Majors for Natural Resource Damages to
the atmosphere and climate system in order to fund these carbon sequestration projects. Amounts
Ideally, “proportionate share” would be determined by the capacity of each sovereign to restore the health of the
atmosphere and climate system through select carbon sequestration measures within its jurisdiction. Thus,
“proportionate share” would not necessarily equate to population, land mass, historical responsibility, gross
domestic product (GDP), etc. For more information on the concept of “proportionate share” in this context, see
Wood & Galpern, Atmospheric Recovery Litigation, at 297-98.
45
For example, in addition to the global and local benefits of atmospheric and climate recovery, well-designed
carbon sequestration projects will provide significant co-benefits to the Filipino people. Depending on the type of
carbon sequestration project pursued, these benefits could include 1) flood control and/or soil stability; 2) improved
ecosystem services; 3) enhanced food production; and 4) local economic benefits from ecotourism and other
activities promoted by restored landscapes. See, e.g., Rodel D. Lasco et al., Agroforestry systems: helping
smallholders adapt to climate risks while mitigating climate change, WIREs Climate Change, doi: 10.1002/wcc.301
(2014); Hansen, Assessing “Dangerous Climate Change,” at 10.
46
See Wood & Galpern, Atmospheric Recovery Litigation, at 322 (“To be clear, the object in atmospheric recovery
litigation is supplemental and complementary to efforts [to compensate early victims of climate change]. It is also, in
a real sense, essential to [the victims’] interests because, in the absence of atmospheric recovery, persons remaining
in highly vulnerable regions-regions that, we must observe, will expand as global warming intensifies-will be
devastated again by the next global warming-amplified superstorm, or the one after that. Climate justice, then,
requires atmospheric restoration no less than victim compensation.”).
47
See, e.g., supra, note 17.
48
These carbon sequestration projects could be identified unilaterally by the Philippines, or could be integrated into
a larger Planetary Atmospheric Recovery Plan administered through a Trustee Council within the United Nations
institutional structure or between a smaller number of sovereigns. See Wood & Galpern, Atmospheric Recovery
Plan, at 271, 320 et seq.
44
Our Children’s Trust Amicus Curiae Brief
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