Memorandum for the Petitioners |165
9.30. Under international law States, including the Philippines, owe a
duty of cooperation. In the environmental context, cooperation is aimed at
mitigating transboundary risks and emergencies and is closely connected with
the obligation of prevention and the no-harm rule. It also includes the duty to
consult and negotiate, and reflects the need for institutional cooperation.”
9.31. Considering the scale and nature of the climate crisis, combatting
climate change and its impacts on people can only occur through international
cooperation,
as
stated
in the
UNFCCC,
the
Kyoto
Protocol,
the
Paris
Agreement and in multiple other multilateral environmental agreements.”*°
9.32. Under Article 6 of the Paris Agreement, provision is made for
voluntary cooperation among parties so that more ambitious nationallydetermined contributions may be set. Article 7 of the Paris Agreement
foresees a role for cooperation in strengthening national adaptation efforts.
The Paris Agreement also envisages cooperation in technology development
and transfer under Article 10. Finally, Article 12 provides for cooperative
efforts around climate change education, awareness, public participation, and
public access to information.
9.33. The petitioners most respectfully pray that the Honorable
Commission recommends the present administration to seek enhanced
international cooperation on combatting the climate crisis, and encourages
other States, especially States where respondent Carbon Majors are registered,
to take steps to prevent, remedy, and eliminate human rights violations or
threats of violations resulting from the impacts of climate change, or to seek
a remedy through international mechanisms.
9.34. States should also cooperate and “limit fossil fuel businesses
and their industry associations from influencing climate, energy, and
environmental policies, in light of their responsibility for the majority of
emissions and their well-known efforts to subvert and deny scientific
evidence of climate change. This is a key element of the WHO Framework
Convention on Tobacco Control, which limits the involvement of tobacco
companies in health policy,” as stated in the U.N. Special Rapporteur’s 2019
UN Safe Climate Report.’*'
735 Knox, J. (2018), Report of the Special Rapporteur on the issue of human rights obligations relating to
the enjoyment of a safe, clean, healthy and sustainable environment, Framework Principle 13, p. 15-16,
https://documents-dds-ny.un.org/doc/UNDOC/GEN/G 18/017/42/PDF/G 1801742.pdf?OpenElement (last
accessed on 12 September 2019)
756 United Nations Framework Convention on Climate Change (UNFCCC), Preamble, Articles 3, 4, 7 and
9; Kyoto Protocol to the UNFCCC, Article 2(b); Paris Agreement Articles 6, 7, 10, and 12.
757 UN Safe Climate Report, supra note 126, p. 21.
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