75
The Advisory Opinion of the Inter-American Court of Human Rights declares that States
are obliged to protect human rights impacted by environmental degradation, even if such
are beyond their territorial jurisdiction. This principle flows from the erga omnes371 nature of
States’ duty to protect human rights:
The States Party to the Convention [American Convention] have erga
omnes obligations to respect protective provisions and to ensure the
effectiveness of the rights set forth therein under any circumstances and
regarding all persons. The effect of these obligations of the State goes
beyond the relationship between its agents and the persons under its
jurisdiction, as it is also reflected in the positive obligation of the State
to take such steps as may be necessary to ensure effective protection
of human rights in relations amongst individuals. The State may be
found responsible for acts by private individuals in cases in which,
through actions or omissions by its agents when they are in the position
of guarantors, the State does not fulfill these erga omnes obligations
embodied in Articles 1(1) and 2 of the Convention.372
In conjunction with the erga omnes nature of States’ duty to protect human rights, the duty
to act on climate change is also necessarily implied in each State’s duty of international
cooperation in addressing human rights issues as provided in the United Nations Charter:
“All UN Member States pledge themselves to take joint and separate action in cooperation
with the Organization for the achievement of universal respect for, and observance of,
human rights and fundamental freedoms for all.”373
Likewise, the CESCR affirms that States have extraterritorial obligations to ensure that
human rights are given due attention in international agreements.374
Cooperation among States is critical to mitigating climate change. It is in fulfillment of this
duty to cooperate that States came together through UNFCCC to address the global problem
of climate change, particularly to “achieve stabilization of greenhouse gas concentrations in
371
Erga Omnes Obligations are obligations owed by states to the international community as a whole,
intended to protect and promote the basic values and common interests of all. The principle was
recognized in the Barcelona Traction Case (citing Barcelona Traction, Light and Power Company,
Limited, Judgment, I.C.J. Reports 1970, p. 3. Question of Admissibility-Capacity of Applicant
Government to Act).
372
Cf. Case of the “Mapiripán Massacre” v. Colombia, Judgment of 15 September 2005. Series C No.
134, para. 111.
373
Relationship Between Climate Change and Human Rights Report, supra note 221; U.N. Charter, 1
UNTS XVI.
374
See Committee on Economic, Social and Cultural Rights General Comments Nos. 12, 13, 14, & 15.
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