scenario accepted by a substantial number of eminent climate change experts.90 Further, it explains that “[t]he measures required by the Precautionary Principle should be adopted without regard to the cost, unless that cost is completely disproportionate to the reduction in emissions that will be brought about by expending it.”91 6. As for the States where the Carbon Majors are incorporated, they have obligations to protect the human rights of Filipinos, including the duty to prevent harm by third parties, and the Philippines has a duty to assess, monitor, and notify of current or threatened harm. The no-harm principle is recogznied in customary international law governing State responsibility for transboundary pollution.92 This principle was first enunciated in the 1941 Trail Smelter Arbitration. The Trail Smelter Arbitration involved a Canadian smelter that emitted sulfur dioxide,93 which allegedly caused harm to landowners downwind in the United States. The arbitration Tribunal stated in its damages award that: [U]nder the principles of international law, as well as the law of the United States, no State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence.94 According to the International Court of Justice (ICJ) in the Corfu Channel case, every State has an obligation not to knowingly allow its territory to be used for acts contrary to the rights of other States.95 In its Advisory Opinion on the threat or use of nuclear weapons, the ICJ stated: “The existence of the general obligation of States to ensure that activities within their jurisdiction and control respect the environment of other States or of areas beyond national control is now part of the corpus of international law relating to the environment.”96                                                                                                                         90 Id. Id. 92 R. Verheyen, Climate Change Damage and International Law: Prevention Duties and State Responsibility, 145168 (2005). 93 Trail Smelter Case (United States, Canada), 3 U.N. Rep. Int’l Arb. Awards 1905, 1915, (Arbitration Tribunal 1941). Available at http://legal.un.org/riaa/cases/vol_III/1905-1982.pdf (last accessed June 16, 2015). 94 Id. at 1965. 95 Corfu Channel case, Judgment of April 9th, 1949, I.C. J. Reports, p. 4, 22 (1949). 96 Legality of the Threat or Use of Nuclear Weapons (Advisory Opinion), I.C.J. Reports, p. 226 241-242, ¶ 29 (1996). 91             25