A/74/161 do not cause serious harm to the environment or peoples of other States or to areas beyond the limits of national jurisdiction. 85 Given the foreseeability of increasing climate impacts, this well-established “no harm” rule of customary international law is being violated as a result of greenhouse gas emissions, which, regardless of where they are emitted, are contributing, cumulatively, to adverse effects in other Sta tes, including small island developing States. The Urgenda case in the Netherlands is an important precedent, as the Court relied on international human rights law to hold the Government of the Netherlands accountable for fulfilling commitments the Government itself says are necessary to prevent dangerous climate change. 86 67. The Committee on Economic, Social and Cultural Rights has begun recommending that States stop some oil and gas developments. For example, the Committee recommended that Argentina reconsider plans for the large-scale exploitation of shale oil and gas because those plans ran “counter to the State party’s commitments under the Paris Agreement and would have a negative impact on global warming and on the enjoyment of economic and social rights by the world’s population and future generations”. 87 The Committee expressed similar concerns about gas extraction in the Netherlands. 68. States have an obligation to cooperate to achieve a low -carbon, climate resilient and sustainable future, which means sharing information; the transfer of zero-carbon, low-carbon and high-efficiency technologies from wealthy to less wealthy States; building capacity; increasing spending on research and development related to the clean energy transition; honouring international commitments; and ensuring fair, legal and durable solutions for migrants and displaced persons. Wealthy States must contribute their fair share towards the costs of mitigation and adaptation in low income countries, in accordance with the principle of common but differentiated responsibilities. Climate finance to low-income countries should be composed of grants, not loans. It violates basic principles of justice to force poor countries to pay for the costs of responding to climate change when we althy countries caused the problem. 69. Climate actions, including under new mechanisms being negotiated pursuant to article 6 of the Paris Agreement, must be designed and implemented to avoid threatening or violating human rights. In the past, policies s upporting biofuel production contributed to spikes in food prices, riots, and a major increase in the total number of people suffering from hunger. 88 Forest preservation policies raise similar concerns about the impact on rights, as such policies may limit access to lands used for hunting, fishing, gathering, cultivation and other important cultural activities. Integrating actions to achieve climate targets and the Sustainable Development Goals, in cooperation with affected communities, will ensure that thes e types of adverse outcomes are avoided. 70. In 2018, the Committee on Economic, Social and Cultural Rights warned States that a failure to prevent foreseeable human rights harm caused by climate change, or a failure to mobilize the maximum available resources in an effort to do so, could constitute a breach of their obligation to respect, protect and fulfil all human rights for all. 89 States must, therefore, dedicate the maximum available financial and material resources to shift to renewable energy, clean transport and agroecological farming; halt and reverse deforestation and soil deterioration; and increase adaptive capacity, especially in vulnerable and marginalized communities. B. Business responsibilities 71. Businesses must adopt human rights policies, conduct human rights due diligence, remedy human rights violations for which they are directly responsible, and work to influence other actors to respect human rights where relationships of leverage exist. As a first step, corporations should comply with the Guiding Principles on Business and Human Rights as they pertain to human rights and climate change. __________________ 85 86 87 88 89 19-11977 Pulp Mills on the River Uruguay (Argentina v. Uruguay), Judgment, I.C.J. Reports 2010 , p. 14. Hague Court of Appeal, Urgenda Foundation v. Netherlands, Case No. 200.178.245/01, Decision, 9 October 2018. E/C.12/ARG/CO/4. High Level Panel of Experts on Food Security and Nutrition, Biofuels and food security (Rome, FAO, 2013). Committee on Economic, Social, and Cultural Rights, “Climate change and the International Covenant on Economic, Social, and Cultural Rights”, 8 October 2018. Available at www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=23691&LangID=E . 17/22