Vestas (2007)
CLIMATE CHANGE AND HUMAN RIGHTS
Wind turbines in rural India.
obligation to incorporate GHG mitigation goals into their development plans, laws, and policies.160 This approach
accords with fundamental principles of equity, responsibility, and burden sharing.161
Finally, the Oslo Principles, although not endorsed by the UN or binding on any states, contain a useful framework for
conceptualizing state obligations in this context. The principles explicitly reference the need to protect human rights
and clarify the obligations that states have to reduce GHG emissions, taking into account cost and other factors.162
(iii) International Cooperation Obligations
The ICESCR requires parties to “take steps, individually and through international assistance and co-operation,
especially economic and technical, to the maximum of its available resources, with a view to achieving progressively
the full realization of the rights recognized in the present Covenant by all appropriate means.”163 The UDHR
and ICCPR also recognize an obligation of states to “promote universal respect for, and observance of” human
rights and freedoms.164 Finally, in the UN Charter, all UN member states “pledge themselves to take joint and
separate action in co-operation with the Organization for the achievement of [inter alia] universal respect for, and
observance of, human rights and fundamental freedoms for all.” 165
Based on this language, both the CESCR and the OHCHR have concluded that states have an obligation to address
the extraterritorial impacts of environmental harm caused by activities within their jurisdiction.166 These have been
framed as “obligations of international cooperation,” and they require that states:
•
Refrain from interfering with the enjoyment of human rights in other countries
160 UNFCCC Art. 4(2).
161 IPCC, Sustainable Development and Equity, Ch. 4 in Climate Change 2014: Mitigation of Climate Change, Working Group III Contribution to the Fifth Assessment
Report of the Intergovernmental Panel on Climate Change 317-319 (2014).
162 Oslo Principles on Global Climate Change Obligations (2015).
163 ICESCR Art. 2.
164 UDHR Preamble; ICCPR Preamble. See also Vienna Declaration and Programme of Action, Adopted by the World Conference on Human Rights in Vienna,
June 25, 1993, Art. 1.
165 UN Charter p. 85.
166 OHCHR (2009), supra note 71, at ¶ 84-88; CESCR General Comment No. 3, ¶ 14, UN Doc. E/1991/23 (Dec. 14, 1990).
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