99
There may be more glaring bases of legal liability for fossil fuel companies. Here we cite
the case of Kiobel v. Royal Dutch Petroleum Co.,466 where an oil company was implicated, in
complicity with State agents, for extra-judicial killings and other human rights violations
committed against community leader who opposed the laying of oil pipelines within their
village. The case, however, was settled, also extra-judicially.
Continuing Climate Denial
The Commission sadly notes that, to this date, climate change denial and efforts to delay
the global transition from fossil fuel dependence still persists. Sadder still is that these
obstructionist efforts are driven, not by ignorance, but by greed. Fossil fuel enterprises
continue to fund the electoral campaigns of politicians, with the intention of slowing down
the global movement towards clean, renewable energy.
D. The Carbon Majors Have the Corporate Responsibility
to Undertake Human Rights Due Diligence and Provide
Remediation
For the Carbon Majors within Philippine jurisdiction, they may be compelled to undertake
human rights due diligence and to provide remediation.
1. The UNGP-BHR may be Resorted to for Exacting Standards
of Responsibility for Corporations within Philippine Jurisdiction
The non-binding nature of the UNGP-BHR under international law notwithstanding,
some of the principles enunciated therein may individually be considered under
Philippine domestic law as constitutive of generally accepted principles of international
law. Article II, Section 2 of the Philippine Constitution states that, “The Philippines…
adopts the generally accepted principles of international law as part of the law of the
land and adheres to the policy of peace, equality, justice, freedom, cooperation, and
amity with all nations.” Philippine jurisprudence provides for a wide latitude of what
constitutes generally accepted principles of international law that are automatically
466
Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108 (2013).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents