temperatures resulting in a multitude of climate change impacts. For
example, as discussed in the Statement of Facts, the current or predicted
climate impacts in the Alabat and Verde Island communities have resulted
and/or will likely result in the infringements of the people’s human rights.
The Interpretive Guide describes the ways in which a business’s
activities may “cause,” “contribute,” or “be directly linked” to adverse
impacts on human rights.66 For example, a corporation may be deemed to
have caused an adverse impact if it is the “sole or main source” of
environmental harm in a community.67 A corporation may have contributed
to an adverse impact if it is one among other sources that have caused such
harm or if it provides products or services to a third party that then causes
harm.68 Business activities can be directly linked to adverse impacts if the
corporation supplies products or services to an entity that causes or
contributes to adverse impacts.69 With respect to “cause” and “contribute”, a
corporation that is responsible for the adverse impacts “should cease or
change the activity… in order to prevent or mitigate the chance of the impact
occurring or recurring;” and if an impact does occur, remediation is
necessary “either directly or in cooperation with others (be it the courts, the
Government, other enterprises involved or other third parties).”70 Whereas
for “directly linked”, the corporation has a responsibility to use its “leverage
to encourage the entity that caused or contributed to the impact to prevent or
mitigate its recurrence.”71
Despite the scientifically established links between carbon emissions
from fossil fuel production and climate change and ocean acidification, and
the resulting human rights implications, there are fossil fuel companies
actively preventing action to reduce greenhouse gas emissions and solutions
by denying the science and running campaigns of confusion, similar to the
tactics employed by the tobacco industry.72 For example, according to
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
66
Interpretive Guide, supra note 25, at 17, box 2.
Id.
68
Id.
69
Id.
70
Id. at 18.
71
Id.
72
See Public Health Law Center, United States v. Philip Morris (D.O.J. Lawsuit),
http://publichealthlawcenter.org/topics/tobacco-control/tobacco-control-litigation/united-states-v-philip67
!
!
!
!
!
!
33
!
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents