operations, products or services by its business relationships.”77 Further, this process should be
on-going and involve meaningful consultation with potentially affected groups and other relevant
stakeholders.78
Inconsistent with the requirement of due diligence in corporate responsibility, these
companies are making long-term investments based on a scenario in which global consumption
of fossil fuels continues to grow, thus warming the earth to levels that will lead to dangerous
anthropogenic interference with the climate system resulting in human rights impacts. For
example, Exxon publicly dismissed a “low carbon” scenario—stabilization of the global
temperature increase to not exceed 2 degrees Celsius by 2100—and continues to invest its
resources contrary to the 2 degrees goal.79 Similarly, according to Energy Transition Advisors
and the Carbon Tracker Initiative, Shell is making its projections based on a scenario that puts
the world on a pathway for a temperature rise of roughly 6 degrees Celsius.80
The Carbon Majors are ignoring the science and the harms related to the combustion and
use of the coal, oil and gas that they produce. The companies have the technical and financial
capability to prevent the harm. As a means to comply with the requirements of identifying,
preventing, mitigating, and accounting for adverse human rights impacts, it is important that
immediate steps are taken by the companies to eliminate the risk of further human rights
infringements.
4. The groundbreaking Carbon Majors data makes it feasible to assign responsibility to the
Carbon Majors collectively and individually for human rights impacts resulting from
climate change and ocean acidification.
The Carbon Majors Study “represents an important milestone in establishing legal
accountability for climate change impacts.”81 According to the Center for International
Environmental Law:
By tracing industrial CO2 emissions to their underlying source, and
to a small group of companies and entities whose actions have
made a measurable, demonstrable and historically important
contribution to global warming, this research demonstrates one
77
Guiding Principles, supra note 25, principle 17(a), page 17.
Guiding Principles, supra note 25, principles 17 and 18, page 17-19.
79
ExxonMobil, Energy and Carbon – Managing the Risks, Mar. 31, 2014,
http://cdn.exxonmobil.com/~/media/global/files/other/2014/report---energy-and-carbon---managing-the-risks.pdf
(last accessed June 16, 2015).
80
Energy Transition Advisors and Carbon Tracker Initiative, Responding to Shell: An Analytical Perspective, June
2014, http://www.carbontracker.org/wp-content/uploads/2014/09/CTI-Shell-Response-Final-030714-Full2.pdf, at 4..
81
The Center for International Environmental Law, CIEL Reaction to Carbon Majors Report, Nov. 22, 2013,
http://www.ciel.org/Climate_Change/CarbonMajors_22Nov2013.html (last accessed June 16, 2015).
78
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