Joint Summary of the Amicus Curiae

The document argues that the Commission on Human Rights of the Philippines has the jurisdiction to investigate 'Carbon Majors'—major fossil fuel and cement producers—for their role in climate change. It asserts that these companies contributed significantly to global warming despite knowing the risks, thereby violating fundamental human rights including the rights to life, health, food, and water. The amici argue that under the UN Guiding Principles on Business and Human Rights and the 'Polluter Pays' principle, these corporations are accountable for the resulting damages. The text also outlines state obligations under international law and the Public Trust Doctrine to protect citizens from environmental harm and to seek natural resource damages for atmospheric recovery.

• The Commission on Human Rights of the Philippines has the legal mandate and jurisdiction to investigate the Carbon Majors, supported by the 'effects doctrine' and the 'protective principle', which establish a nexus between the Philippines and the human rights violations caused by extraterritorial corporate conduct.
• Climate change poses an immediate and severe threat to fundamental human rights in the Philippines, specifically impairing the rights to life, health, clean water and sanitation, food, adequate housing, self-determination, development, and equality and non-discrimination.
• Scientific evidence indicates that the 90 'Carbon Major' groups of companies were responsible for 63% of estimated global industrial CO2 and methane emissions between 1751 and 2010, with 51 of those companies contributing approximately one-fifth of all global greenhouse gas emissions since 1854.
• Carbon Majors had internal knowledge of the risks of climate change as early as the 1950s and 1960s but failed to warn the public and instead promoted misleading information to obstruct policy responses.
• Under the UN Guiding Principles on Business and Human Rights (UNGPs), corporations have a responsibility to respect human rights, which requires them to assess and address the climate-related impacts of their products and operations.
• To protect human rights and prevent catastrophic ecological harm, the amici argue that atmospheric CO2 must be reduced to below 350 ppm by 2100, limiting the long-term average global temperature increase to less than 1°C above pre-industrial levels.
• States have positive obligations under international human rights law to protect individuals from threats to life and health caused by third parties, including corporations, and must ensure access to effective remedies.
• The Public Trust Doctrine requires the Philippine government to protect the atmosphere and climate system as a vital natural resource and to recover natural resource damages from third parties, such as Carbon Majors, to fund atmospheric recovery.

APA

Center for International Environmental Law (2018). Joint Summary of the Amicus Curiae. https://www.ciel.org/wp-content/uploads/2018/03/Joint-Summary-Amicus-submitted.pdf

Chicago

Center for International Environmental Law. Joint Summary of the Amicus Curiae. 2018. https://www.ciel.org/wp-content/uploads/2018/03/Joint-Summary-Amicus-submitted.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=Joint Summary of the Amicus Curiae |date=19 March 2018 |url=https://www.ciel.org/wp-content/uploads/2018/03/Joint-Summary-Amicus-submitted.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2018joint, author = {{Center for International Environmental Law}}, title = {{Joint Summary of the Amicus Curiae}}, institution = {Center for International Environmental Law}, year = {2018}, month = mar, url = {https://www.ciel.org/wp-content/uploads/2018/03/Joint-Summary-Amicus-submitted.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }