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7. To NGOs, CSOs, and the Legal Profession
i. NGOs and CSOs
No less than the Human Rights Council has emphasized that “civil society actors have
an important and legitimate role in promoting corporate social responsibility, and
in preventing, mitigating and seeking remedy for the adverse human rights impacts
of transnational corporations and other business enterprises.”567 With the growing
power of multinational companies and the shrinking influence of governments, NGOs
and CSOs have become the third force alongside the public and private sectors in
promoting and ensuring human rights with respect to companies.568
The Commission recommends that NGOs and CSOs continuously engage in strategic
litigation to strengthen business and human rights norms, change public policy, increase
government ambition, and create binding precedents catalyzing the movement towards
zero-carbon energy.
ii. Legal Profession
Justice Brian Preston569 explains the role that lawyers play in supporting climate action:
Recognizing that addressing climate change depends on responses
on a small scale, and that any legal action which involves climate
change issues will impact on climate change policy, gives rise to
a responsibility on lawyers to be aware of climate change issues
in daily legal practice. It calls for a climate conscious approach
rather than a climate blind approach. A climate blind approach is
where the outcome of the legal problem or dispute will have some
impact on climate change issues, but legal advice is given or the
dispute is litigated or resolved without any attention to climate
change issues. A climate conscious approach requires an active
awareness of the reality of climate change and how it interacts
567
United Nations Human Rights Council, Elaboration of an International Legally Binding Instrument
on Transnational Corporations and Other Business Enterprises with Respect to Human Rights, U.N.
Doc. No. A/HRC/RES/26/9 (July 14, 2014), available at https://undocs.org/A/HRC/RES/26/9.
568
Chris Jochnick and Louis Bickford, The Role of Civil Society in Business and Human Rights, in
Business and Human Rights from Principles to Practice 258 (Dorothée Baumann-Pauly & Justine
Nolan eds., 2016).
569
Chief Judge of the Land and Environment Court of New South Wales.
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