take necessary measures to prevent their corporations from interfering with
the enjoyment of human rights both within their territory and in other
countries and to take action, separately, and jointly through international
cooperation, to realize human rights universally.35
There is also ample justification for any State to act on transboundary
and global matters like climate change, where harmful activity is taking
place in one country, and the negative impacts are being suffered in another.
According to the 2011 OHCHR report on human rights and the environment,
“[o]ne country’s pollution can become another country’s environmental and
human rights problem, particularly where the polluting media, like air and
water, are capable of easily crossing boundaries.”36 These issues are of
particular importance in the environmental context, in the light of the
number and intensity of transboundary and global environmental threats to
the full enjoyment of human rights.
Therefore, extraterritoriality is not a bar to the Commission’s exercise
of authority, considering the transboundary and global nature of climate
change and other environmental problems and the associated human rights
implications.
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http://www1.umn.edu/humanrts/CERDConcludingComments2008.pdf; United Nations Committee on the
Elimination of Racial Discrimination, Concluding Observations: Canada, Session 17, May 25, 2007, at ¶
17. Available at http://www2.ohchr.org/english/bodies/cerd/docs/CERD.C.CAN.CO.18.doc; United
Nations Committee on the Elimination of Racial Discrimimation, Concluding Observations: Canada,
Eighteenth Session, Apr. 4, 2012, at ¶ 14; United Nations Committee on the Elimination of Racial
Discrimination, Concluding Observations: Norway, Seventy-Eighth Session, Apr.. 8, 2011, at ¶ 17.
Available at
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CERD/C/NOR/CO/1920&Lang=En; United Nations Committee on the Elimination of Racial Discrimimation, Concluding
Observations: United Kingdom, Seventy-Ninth Session, Sept. 14, 2011, at ¶ 29. Available at
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CERD/C/GBR/CO/1820&Lang=En.
35
See further O. de Schutter & A. Eide & A. Khalfan & M. Orellana & M. Salomon & I. Seiderman,
Commentary to the Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic,
Social and Cultural Rights, 34 HUMAN RIGHTS QUARTERLY, 1084, 1101-1104, 1133-1145 (2012).
Available at: http://www.icj.org/wp-content/uploads/2012/12/HRQMaastricht-Maastricht-Principles-onETO.pdf [hereinafter Maastricht Commentary].
36
Human Rights Council, Analytical Study on the Relationship Between Human Rights and the
Environment, Nineteenth Session, Dec. 16, 2011 at ¶ 65,
http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session19/A-HRC-19-34_en.pdf
(last accessed on Apr. 20, 2016).
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