Memorandum for the Petitioners |146 9.5. In support of this conclusion, the Honorable Commission should take note of the following findings that have been substantially -- if not overwhelmingly -- established through the National Inquiry:°° A.1. Findings concerning its authority to conduct the National Inquiry a) The Honorable Commission had a clear mandate to conduct a National Inquiry into the claims raised by the petitioners in accordance with the 1987 Philippine Constitution and national and international laws;*” b) There is a clear nexus between the country of the Philippines and the human rights violations raised in the Amended Petition based on both the effects doctrine and the protective principle;®7! and c) The Philippines has obligations under various human rights treaties to provide access to a remedy for individuals and communities affected by human rights violations, which includes an effective investigation into the human rights violations alleged by the petitioners.*” A.2. Findings concerning climate science a) There is an overwhelming scientific consensus that human activity, primarily the burning of fossil fuels, is causing climate change;°? b) The conclusions contained in the reports of the IPCC expressed as being “likely” or “very likely,” should be relied upon as fact in court proceedings (in order to satisfy the civil standard of proof) and for the purposes of the Honorable Commission’s National Inquiry and issuance of a Resolution;*" 669 The Petitioners kindly acknowledge the recommendations contained in the Joint Summary of the Amicus Curiae. Many of the recommendations of findings in this memorandum use the exact language from the Joint Summary of the Amicus Curiae, 67 Joint Summary of the Amicus Curiae, supra note 50, p. 9. 6" Ibid. 62 Ibid; ClientEarth Amicus Brief, paras. 37, 43 (citing U.N. Human Rights Office of the High Commissioner, Understanding Human Rights and Climate Change, Submission of the High Commissioner, Understanding Human Rights and Climate Change, Submission of the Office of the High Commissioner for Human Rights to the 21 Conference of the Parties to the United Nations Framework Convention on Climate Change [2015], p.3). 673 Cook, J. et al., supra note 69. 67 ClientEarth, Joint Summary of the Amicus Curiae, supra note 50, p. 75.