Amicus Curiae Brief presented by ClientEarth 21 November 2016 o ensure public participation in environmental decision making; and o ensure access to administrative, judicial and other remedies.34  Substantive obligations: States have obligations to enact legal and institutional frameworks to protect against and respond to the impacts of environmental harm on human rights. They accordingly have the following obligations in that context: o adaptation obligations, requiring States to enact frameworks for protecting people against the effects of climate change; o domestic mitigation obligations, requiring States to regulate the sources of GHG emissions; o international cooperation obligations, requiring States to participate in international negotiations for an effective global climate agreement; o transboundary mitigation obligations, requiring States to mitigate the effect of their activities on the human rights of persons outside of their jurisdiction; and o an obligation to ensure that mitigation and adaptation activities do not themselves contribute to human rights violations. 35 45. Although these obligations have been consistently identified as the international human rights standard, it is also acknowledged by human rights bodies and institutions that States have significant discretion in deciding how to strike the 34 UNEP, Human Rights and Climate Change, 2015. Available at http://apps.unep.org/redirect.php?file=/publications/pmtdocuments/Climate_Change_and_Human_Rightshuman-rights-climate-change.pdf.pdf 35 See note 29 at p 19. 25

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