Memorandum for the Petitioners |124
legal and moral responsibilities*®? of the respondents, and on whether they are
taking the appropriate preventative measures right now in light of foreseeable
risks as demonstrated through the aforementioned studies.
8.150.There is substantial scientific support for the Honorable
Commission to find that there is sufficient clear link between the respondent
Carbon Majors’ carbon emissions and the impacts that are occurring globally
and in the Philippines, as described by the respected scientists.
RESPONDENT
CARBON
MAJORS
ARE
RESPONSIBLE,
UNDER INTERNATIONAL LAWS
AND
AGREEMENTS
AND
DOMESTIC LAWS, TO RESPECT
AND
PROTECT
THE
HUMAN
RIGHTS OF FILIPINOS IN THE
CONTEXT
OF
CLIMATE
CHANGE.
8.151. The National Inquiry is replete with evidence showing not only
that States have human rights obligations, but that corporations have the
responsibility to respect human rights in the context of climate change. The
United Nations Guiding Principles on Business and Human Rights
(“UNGPs”) explicitly call on companies to respect human rights.
The
corporate responsibility to respect human rights is not optional— it arises
from a global standard of expected conduct that is often reflected in national
laws and regulations.>*
8.152.The
UNGPs
require
enterprises
to assess,
address,
and
take
responsibility for the climate-related human rights impacts of their products
and operations. Consistent with this obligation, corporations have a duty to
reduce their GHG emissions: to a level that avoids or minimizes dangerous
anthropogenic interference with the climate system as evidenced by the best
available science.>™
582 See Exhibit “VVVVVVV” to “VVVVVVV-7,” Statement of Resource Person, Henry Shue, dated 21
October 2018 and Exhibit “XXXXXXX” to “XXXXXXX-7,” Shue, H. (07 September 2017), Responsible
Jor What? Carbon Producer CO2 Contributions and the Energy Transition.
583 United Nations Human Rights Council (21 March 2011), Report of the Special Representative of the
Secretary General on the Issue of Human Rights and Transnational Corporations and Other Business
Enterprises, Seventeenth Session (hereinafter, “UNGPs”), available at
http://www.ohchr.org/documents/issues/business/A.HRC. 17.3 1.pdf (last accessed on 06 September 2019).
584 Joint Summary of the Amicus Curiae, supra note 50, p. 60.
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