Amicus Curiae Brief presented by
ClientEarth
21 November 2016
39. The Petitioners have also requested that the Commission make a number of
recommendations aimed at strengthening corporate accountability for the human
rights implications of climate change, none of which go beyond the powers and
functions of the Commission. Notably, point 5 of the prayer for relief is a request for
plans from the companies to eliminate, remedy and prevent the human rights
impacts of climate change in the future. The Petitioners are, accordingly, not seeking
adjudication of legal liabilities for past emissions, but are sensibly looking to the
future and requesting that the Carbon Majors provide plans for how future adverse
human rights impacts will be prevented. ClientEarth provides additional suggestions
regarding the appropriate findings and recommendations the Commission may
choose to make in section 8, below.
4 International human rights law and climate change
40. Prior to the 21st Conference of the Parties to the UNFCCC, which led to the adoption
of the Paris Agreement, the Office of the High Commissioner for Human Rights
(OHCHR) of the United Nations submitted a report entitled Understanding Human
Rights and Climate Change to the parties to the UNFCCC. The submission outlined
the human rights implications of climate change and the consequential obligations on
States to address its effects, stating that:
"[i]t is now beyond dispute that climate change caused by human activity has
negative impacts on the full enjoyment of human rights. Climate change has
profound impacts on a wide variety of human rights, including the rights to life,
self-determination, development, food, health, water and sanitation and housing.
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