Further, it explains that “[t]he measures required by the Precautionary Principle should be adopted without regard to the cost, unless that cost is completely disproportionate to the reduction in emissions that will be brought about by expending it.”94 6. As for the States where the Carbon Majors are incorporated, they have obligations to protect the human rights of Filipinos, including the duty to prevent harm by third parties, and the Philippines has a duty to assess, monitor, and notify of current or threatened harm. The no-harm principle is recognized in customary international law governing State responsibility for transboundary pollution.95 This principle was first enunciated in the 1941 Trail Smelter Arbitration. The Trail Smelter Arbitration involved a Canadian smelter that emitted sulfur dioxide,96 which allegedly caused harm to landowners downwind in the United States. The arbitration Tribunal stated in its damages award that: [U]nder the principles of international law, as well as the law of the United States, no State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence.97 According to the International Court of Justice (ICJ) in the Corfu Channel case, every State has an obligation not to knowingly allow its !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 94 Id. R. Verheyen, Climate Change Damage and International Law: Prevention Duties and State Responsibility, 145-168 (2005). 96 Trail Smelter Case (United States, Canada), 3 U.N. Rep. Int’l Arb. Awards 1905, 1915, (Arbitration Tribunal 1941). Available at http://legal.un.org/riaa/cases/vol_III/1905-1982.pdf (last accessed on June 16, 2015). 97 Id. at 1965. 95 ! ! ! ! ! 41 !