A/67/299 since become a foundation of international environmental law. 36, 37, 38 The strict criteria laid down by the court establish that the no harm principle can be invoked if the “case is of serious consequence” for the affected State and if “the injury is established by clear and convincing evidence”. Strong and convincing arguments have further highlighted the causal chain between historical emissions of greenhouse gas, mostly in countries of the global North, global environmental change, and the consequences mostly affecting countries of the global South. Individuals and communities are also turning to domestic courts to seek the responsibility of polluters, 39 reflecting a strong social demand that polluters pay for the damages they cause. Following this line of reasoning, countries of the global North and other States with economic means could be encouraged to contribute, financially and technically, to the implementation of bilateral and multilateral agreements facilitating specific regional climate-change-induced migration movements as part of coherent and negotiated regional sustainable adaptation strategies. 81. The notion of a common, but differentiated, responsibility may also be an important framework through which the causal link between anthropogenic climate change and the resultant human displacement can be approached (see United Nations Framework Convention on Climate Change, arts. 3 (1) and 4). As a distributive principle, it may help encourage international cooperation in terms of guaranteeing the human rights of displaced individuals, at least when the State jurisdictionally competent is not able to afford a sufficient level of protection. At the same time, as a dissuasive principle, it may push States to adopt more responsible conduct in order to mitigate climate change. This principle has already led to considerable international funding for adaptation, although adaptation has almost exclusively been conceived as in situ adaptation. 82. On the other hand, soft law instruments, such as guiding principles, may define and promote rights-based norms and responsibility-based principles, as has been illustrated by the Guiding Principles on Internal Displacement. Regional initiatives may also be developed as first steps towards international action. 83. Similarly, voluntary financial or organizational support, such as the international adaptation funding carried through the United Nations Framework Convention on Climate Change, can be instrumental. While the United Nations Framework Convention on Climate Change programme has long focused on the increasing resilience of populations, it has recently extended to “[m]easures to enhance understanding, coordination and cooperation with regard to climate displacement, migration and planned relocation, where appropriate, at the national, regional and international levels”. 40 __________________ 36 37 38 39 40 20 See United Nations Framework Convention on Climate Change (1992), recitals 8 and 9. Principle 21 of the Stockholm Declaration, Report of the United Nations Conference on the Human Environment, Stockholm, 5-16 June 1972 (United Nations publication, Sales No. E.73.II.A.14 and corrigendum, chap. I). Principle 2 of the Rio Declaration, Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3-14 June 1992 (United Nations publication, Sales No. E.93.I.8 and corrigenda), vol. I: Resolutions adopted by the Conference, resolution 1, annex I. Native Village of Kivalina v. ExxonMobil Corp. et al., 663 F.Supp.2d 863, 2009 WL 3326113 (N.D. Cal. 2009). See Cancun Agreements: outcome of the work of the Ad Hoc Working Group on Long-term Cooperative Action under the Convention, decision 1/CP.16 (FCCC/CP/2010/7/Add.1). 12-46071