other territories. Corporates owe a duty of care directly to all those foreseeably affected by their activities. Enforcing state liability is one of the means of ensuring appropriate regulation of companies, and implementation of the principle of ‘the polluter pays’. To put it another way, the Honourable Commission might seek to uphold the rights of the Filipino people by recommending both that:   8. The Government of the Republic of the Philippines enforces its State rights though the international courts; and that The Government of the Republic of the Philippines ensures its domestic legal framework provides citizens with adequate remedies for breaches of their rights, and that it promotes the principle of ‘the polluter pays’. Conclusion The Honourable Commission is confronted by a question, the answer to which may determine the future not only of millions of Filipino people, but of countless others around the world:  Who is accountable for the devastation wreaked by man-made climate change? Should the Filipino People, who are carbon creditors, pay for it with their lives, without recompense or findings of accountability? Or should those who are profiting from the causes of climate change assume responsibility? If the law does not serve fundamental notions of justice, it is failing in its duty. It is respectfully submitted, however, that (as set out in more detail above) international instruments and jurisprudence support the following conclusions: i) States have a duty to uphold the human rights of their people, regardless of the source of the violation or potential threat; ii) States have an obligation to prevent activities occurring within their jurisdiction which cause substantial harm to other states; iii) Corporations are bound by both a duty of care and human rights principles to avoid causing serious harm to others; iv) States and corporations must take all reasonable measures to prevent forseeable harm occurring; v) The impacts of climate change may constitute a serious interference with human rights (including the right to life); vi) The substantive aspect of the right to life demands that, where there is a foreseeable risk to life, reasonable measures are taken to prevent that risk occurring; vii) The procedural aspect of the right to life demands that: a. There is a full investigation into violations of the right to life; 53