Memorandum for the Petitioners |152
preventing persons within their jurisdiction against human
rights abuses as a result of the conduct of corporate actors
headquartered outside of their territory, such as by
providing access to an effective remedy;” and
f)
As part of its “sovereign public trust obligations”
and
obligations to respect, protect, and fulfill human rights, the
Philippine government should seek natural resource
damages from the Carbon Majors for the harm done to the
atmosphere
and the climatic
system.’!°
The
natural
resource damage should be used to transparently fund a
just transition for workers in the fossil fuel industry in the
Philippines; climate research as independently identified
by
the country’s leading government and academic
institutions, and adaptation, resiliency and emergency
preparedness efforts; and mitigation measures, including
renewable energy and natural climate solutions, to support
the country’s ability to meet its international climate
commitments under the UNFCCC and Paris Agreement.
A.6.
a)
Findings concerning responsibility
under the UNGPs and international
jurisprudence
| The Honorable Commission should take a purposive and
holistic approach to applying human rights standards to the
respondent Carbon Majors;”"!
b)
Businesses have the responsibility to respect and protect
human rights, as described in the UNGPs and international
jursiprudence;7!?
c)
The UNGPs require enterprises to assess, address, and take
responsibility for the climate-related human rights impacts
of their products and operations;’"?
d)
Given the significant human rights impacts
change, the
UNGPs apply to companies’
of climate
direct and
709 Ibid., pp. 47-50.
110 Ibid. p. 54.
71 Id. p. 10.
712 Jd. p. 61, citing Kalifia and Lokono Peoples v. Suriname, inter-Am. Ct. H. R., Judgment (Merits,
Reparations, and Costs), par. 224 (25 November 2015), available at
http://www.corteidh.or.cr/docs/casos/articulos/seriec_309_ing.pdf (last accessed on 12 September 2019);
Urbaser S.A. & Consorcio de Aguas Bilbao Bizkaia, Bilbao Biskaia Ur Partzuergoa v. The Argentine
Republic, \CSID Case No. ARB/07/26, Award, par. 1999 (08 December 2016); Case against New TV
S.A.L. and Karma Mohamed Tahsin al Khayat, STL-14-05/PT/AP/ARI26.1, Decision on Interlocutory
Appeal Concerning Personal Jurisdiction in Contempt Proceedings, Special Tribunal for Lebanon, par. 46
(02 October 2014).
713 ClientEarth, Joint Summary of the Amicus Curiae, supra note 50, p. 76.
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