Background

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Through resolution 76/300, the United Nations General Assembly recognised the right to a clean, healthy and sustainable environment (R2HE) as a human right and called upon stakeholders, including business enterprises, to adopt policies, to enhance international cooperation, strengthen capacity-building and continue to share good practices in order to scale up efforts to ensure a clean, healthy and sustainable environment for all. In the ASEAN context, the R2HE is upheld in the draft ASEAN Declaration on the Right to a Safe, Clean, Healthy, and Sustainable Environment, and encourages non-State actors, business, and the private sector to respect and promote the right.

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In July 2025, the International Court of Justice issued an Advisory Opinion providing that the R2HE is a precondition for the enjoyment of many human rights, including the rights to life, health and an adequate standard of living. The Advisory Opinion sought to clarify States’ obligations with respect to climate change. As part of those obligations States have, according to the Advisory Opinion, a duty under international law to prevent significant harm to the environment, including by acting with due diligence. States are expected to regulate the private sector as part of that due diligence. The opinion and other recent developments can be expected to inform national and regional law and policy, including regulatory responses and litigation risks for businesses, as well as the wider operating environment.[1]

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In this context, the UN Guiding Principles on Business and Human Rights recognize that the corporate responsibility to respect human rights extends beyond core human rights instruments and may include more specialized standards and instruments. This means that, in relation to healthy ecosystems, biodiversity, and other aspects of the R2HE, business activities can be viewed not only through the lens of sustainability but also as human rights responsibilities. In many cases, businesses' operations will intersect with the R2HE, including those throughout its supply chains and contractual relationships. Against this backdrop, this session will unpack the significant developments taking place in relation to the R2HE globally, with a focus on implications for businesses and other stakeholders in the Asia Pacific region.

 

[1] See for example, DLA Piper, (2025), The ICJ’s landmark Climate Change Advisory Opinion: Understanding the court’s findings and implications for governments and the private sector; James Clarke, Tom Cummins and Erin Eckhoff, (2025), ICJ's landmark climate opinion: what it means for business.

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Key Objectives

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• Support knowledge-sharing on the key dimensions of the R2HE and the UN Guiding Principles on Business and Human Rights, particularly in Asia Pacific.

• Highlight recent developments and updates relevant to corporate human rights responsibilities and commitments to nature and biodiversity

• Share insights and practices that support the integration of the R2HE into responsible business practices and policies.

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Guiding Questions

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• Support knowledge-sharing on the key dimensions of the R2HE and the UN Guiding Principles on Business and Human Rights, particularly in Asia Pacific.

• Highlight recent developments and updates relevant to corporate human rights responsibilities and commitments to nature and biodiversity

• Share insights and practices that support the integration of the R2HE into responsible business practices and policies.

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Format

• Panel

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Session Partners