INTERNATIONAL COURT OF JUSTICE SPECIAL AGREEMENT BETWEEN THE REPUBLIC OF THE PHILIPPINES (APPLICANT), REPUBLIC OF MALDIVES (APPLICANT), BOLIVIA

(APPLICANT), UNITED STATES OF AMERICA (RESPONDENT), EUROPEAN UNION (RESPONDENT), JAPAN (RESPONDENT), PEOPLES REPUBLIC OF CHINA (RESPONDENT), CLIMATE ACTION NETWORK (INTERVENOR) AND ORGANIZATION OF PETROLEUM EXPORTING COUNTRIES (INTERVENOR) TO SUBMIT TO THE INTERNATIONAL COURT OF JUSTICE THE DIFFERENCES BETWEEN THE STATES CONCERNING LIABILITY FOR THE IMPACTS OF CLIMATE CHANGE jointly notified to the Court on 20 February 2013

JOINT NOTIFICATION ADDRESSED TO THE REGISTRAR OF THE COURT: The Hague, 20 February 2013 On behalf of the APPLICANTS, RESPONDENTS AND INTERVENORS in accordance with article 40(1) of the statute of the international court of justice, we have the honour to transmit to you an original of the special agreement for submission to the International Court of Justice of the differences between the APPLICANTS, RESPONDENTS AND INTERVENORS, concerning liability for the impacts of climate change, signed in Manila, Philippines on the fifth day of January in the year two thousand and twelve.

SPECIAL AGREEMENT SUBMITTED TO THE INTERNATIONAL COURT OF JUSTICE BY THE REPUBLIC OF THE PHILIPPINES (APPLICANT), REPUBLIC OF MALDIVES (APPLICANT), BOLIVIA (APPLICANT), UNITED STATES OF AMERICA (RESPONDENT), EUROPEAN UNION (RESPONDENT), JAPAN (RESPONDENT), PEOPLES REPUBLIC OF CHINA (RESPONDENT), CLIMATE ACTION NETWORK (INTERVENOR) AND ORGANIZATION OF PETROLEUM EXPORTING COUNTRIES (INTERVENOR) TO SUBMIT TO THE INTERNATIONAL COURT OF JUSTICE THE DIFFERENCES BETWEEN THE STATES CONCERNING LIABILITY FOR THE IMPACTS OF CLIMATE CHANGE The Applicants, Respondents and Intervenor (hereinafter referred to as "the Parties"), Considering that differences have arisen between them concerning liability for the impacts of climate change; Recognising that the Parties concerned have been unable to settle these differences by negotiation; Desiring further to define the issues to be submitted to the International Court of Justice (hereinafter referred to as "the Court") for settling this dispute; In furtherance thereof the Parties have concluded the following Special Agreement: Article 1 The Parties submit the questions contained in the Special Agreement (together with Clarifications to follow) to the Court pursuant to Article 40(1) of the Statute of the Court. Article 2 It is agreed by the Parties that this agreement to submit the dispute to the ICJ is without prejudice to any question of the burden of proof. Article 3 (a) The Court is requested to decide the Case on the basis of the rules and principles of general international law, as well as any applicable treaties, in particular: i. ii. iii. iv. v. vi. The Rio Declaration on Environment and Development; The United Nations Framework Convention on Climate Change; The Kyoto Protocol on Climate Change; The Bali Action Plan; The Copenhagen Accord; The Cancun Agreements on Climate Change;

vii. The Durban Enhanced Platform on Climate Change; and viii. The Doha agreement on the Terms of Reference for Negotiations Mandated by the Durban Enhanced Platform on Climate Change (b) The Parties stipulate that the scientific findings of the Intergovernmental Panel on Climate Change shall be accepted as conclusive evidence of the state of the science. (c) The Court is also requested to determine the legal consequences, including the rights and obligations of the Parties, arising from its Judgment on the questions presented in the Case. (a) (b) Article 4 All questions of procedure and rules shall be regulated in accordance with generally accepted principles and best practices of appellate procedure; The Parties request the Court to order that the written proceedings should consist of Memorandums presented by each of the parties not later than 25 February 2012. Article 5 The Parties shall accept any Judgment of the Court as final and binding upon them and shall execute it in its entirety and in good faith. Immediately after the transmission of any Judgment, the Parties shall enter into negotiations on the modalities for its execution.

(a) (b)

In witness whereof, the undersigned, being duly authorised, have signed the present Special Agreement and have affixed thereto their respective seals of office. Done in Manila, Philippines, this fifth day of January in the year two thousand and eleven, in triplicate in the English language.

**Compromis** THE CASE CONCERNING LIABILITY FOR THE IMPACTS OF CLIMATE CHANGE 1. Climate change is the most serious environmental problem the world faces. All countries will be affected with island and coastal states being the most affected. 2. The Republic of Maldives, located in the Indian Ocean off the Indian subcontinent, will be one of the most affected states. It is likely that two thirds of its territory will come under water as a result of the increase of sea level rise, one of the impacts of climate change. The Maldives is now buying land in India where it plans to relocate many of its citizens. 3. The Republic of the Philippines, an archipelagic state in Southeast Asia, is also projected to be seriously affected by climate change. From 2009-2011, it experienced many typhoons/rainfall events that resulted in billions of dollars of damage in infrastructure and property, together with thousands of casualties. Its agriculture is also expected to be severely affected.

4.

The Plurinational State of Bolivia, is a landlocked country in central South America. Is a country particularly vulnerable to the impacts of climate change, with the following identified impacts: lss food security, gacial retreat affecting water availability, mre frequent and more intense natural disasters, increase in mosquito-borne diseases, and mre forest fires. It is the only state that rejected the Cancun Agreements on Climate Change and consider its adoption illegal. 5. The United States of America, is located in North America, Until recently, it was the world's largest emitter of greenhouse gas emissions. Historically and per capita, it remains the biggest contributor to GHG accumulation in the atmosphere. 6. The European Union is composed of 25 countries in the European Continent who collectively have also been a big contributor to the accumulation of greenhouse gasses in the atmosphere. 7. Japan is an archipelago in East Asia which also has historically contributed GHG gasses into the atmosphere. 8. China, located in East Asia, has overtaken the United States in annual greenhouse emissions but its per capita emissions continue to be relatively small. It will also be affected by climate change.

9. Climate Action Network is a global environmental organization based in Washington DC, USA but with operations all over the world. It is active as an observer in the UNFCCC negotiations. 10. The Organization of Petroleum Exporting Countries is a political and economic organization of countries that have and produce petroleum as their man economic product. It is resisting climate change measures that affect its product. 11. Maldives asks the Court to adjudge and declare that: a) The United States, European Union, Japan and China are liable for the impacts of climate change on Maldives; b) The United States, European Union, Japan and China should pay Maldives compensatory damages in the amount equivalent to what is needed to ensure that its citizens can be safely relocated and given the resources to survive and thrive; c) The United States, European Union, Japan and China should be ordered to allow citizens of Maldives to immigrate to their respective countries as a matter of right arising from liability, waiving all legal requirements imposed on other citizens. 12. The Philippines asks the Court to adjudge and declare that: a) b) The United States, European Union and Japan are liable for the impacts of climate change on the Philippines; The United States, European Union and Japan should pay the Philippines compensatory damages in the amount of the damage caused by the weather events and the flooding it has been experiencing; and, The United States, European Union and Japan should be ordered to transfer technology to the Philippines on a concessional basis so that the Philippines can adapt to climate change.

c)

13. Bolivia asks the Court to adjudge and declare that: a) The Copenhagen Accord, Cancun Agreements, Durban Enhanced Platform and Doha Agreement are illegal in that they violate the UNFCCC in that it does not achieve its objectives and transfer responsibility and accountability of climate change to developing countries; these agreements should be rendered void. b) The agreement on Reducing Emissions from Deforestation and Degradation (REDD-plus) violates the human rights of indigenous peoples and local communities, and should be specifically abrogated. c) The United States, European Union, and Japan are liable for the impacts of climate change on the Bolivia;

d) The United States, European Union and Japan should pay Bolivia compensatory damages in the amount of the damage caused by the weather events both storms and droughts - it has been experiencing; and, 14. The United States denies liability for the impacts of climate change on the Maldives, the Philippines and Bolivia and asks the Court to dismiss their respective applications. It also alleges that responsibility for climate change is universal and that big developing countries like China and India share in that responsibility. 15. The European Union denies liability for the impacts of climate change on the Maldives, Philippines and Bolivia and asks the Court to dismiss their respective applications. It also alleges that responsibility for climate change is universal and that big developing countries like China and India share in that responsibility. 16. China denies liability for the impacts of climate change on the Maldives, and asks the Court to dismiss its applications as respect to China. China also asks the Court to declare that it cannot be held liable for future impacts of climate change because its historical emissions remain insignificant and for equity given its low per capita emissions. 17. Climate Action Network has intervened to support the claims of the Philippines and Maldives. 18. OPEC has intervened to argue that there is no liability for climate change impacts by anyone because of the uncertainty of the science. At the same time, OPEC asserts a claim that it should be compensated for economic damage caused b climate change measures. 19. The Parties agree to subject the following issues for oral arguments and resolution by the court: a) States are liable for environmental damage in other states where activities in the former states are directly responsible for the damages in the latter. In this case, can it be concluded that activities in the respondents resulted in the damage in the applicants? b) Does the UNFCCC, Kyoto Protocol, Copenhagen Accord, Cancun Agreements, Durban Enhanced Platform and Doha Agreement create liability for contributions by countries to GHG emissions in the atmosphere? c) Is the Doha Agreement sufficient to address climate change, thus giving respondents a good defense against the claims of the applicants? d) Is the responsibility of the Respondents specific and particular to them (in contrast to a general obligation to affected countries), thus giving the Applicants the right to ask the remedies they are requesting? e) Are the remedies requested by the Applicants appropriate? Can they be enforced against the Respondents?

f) In the case of China, can it ask for a future exemption of liability on the grounds of historical responsibility and equity (as evidenced by its low per capita emissions)?. g) In the case of OPEC, can it claim for compensation for alleged economic damage caused to its members by climate change measures? h) In the case of REDD-plus, does the agreement on REDD-plus in the Doha Agreement which does not require strict compliance with safeguards violate basic norms of environmental justice?