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liability for the purpose of claiming awards for damages from specific parties, which is a
matter for courts to determine.
The obligation of States to address climate change includes the enactment of laws to regulate
businesses. These laws should hold enterprises within their jurisdictions legally liable for
acts harming the environment and the climate system.
In general, States must establish a general regulatory or policy environment that would
incentivize the discovery, development, and use of clean energy. Dependence on carbon fuel
should be discouraged. Incentives and subsidies should not be given to carbon producers.
The current debate on whether the effects of climate change may be qualified as human
rights violations has no bearing on the clear obligation of States under International Law,
including International Human Rights Law, to protect their citizens from the negative
impacts of climate change.
VII. Responsibility of Business Enterprises to Respect
Human Rights
Although States have the duty to enact and enforce appropriate laws to ensure that
businesses respect human rights,392 a State’s failure to perform this duty does not render
business enterprises free from the responsibility of respecting human rights. Private actors,
including business entities, must respect human rights, regardless of whether domestic
laws exist or are fully enforced domestically.393 The responsibility of business enterprises
to respect human rights is distinct from issues of legal liability and enforcement of national
law provisions.394
A. General Responsibility
There is a growing number of international standards, guidelines, and principles that
restate and codify existing binding obligations from treaties and customary international
392
See United Nations Economic and Social Council, Statement on the Obligations of States Parties
regarding the Corporate Sector and Economic, Social and Cultural Rights, E/C.12/2001/1 (July 12,
2011).
393
See CESCR General Comment 24, supra note 342.
394
UNGP-BHR, supra note 313.
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