Asia Pacific Forum of National Human Rights Institutions and Global Alliance of National Human Rights Institutions The protective principle 10 23. The protective principle (also known as ‘competence réelle’) authorises states to protect themselves by regulating and adjudicating over conduct carried out abroad that may damage their essential security interests.61 The principle applies regardless of the place of commission or of the conduct or the nationality of the alleged offender or victim. The principle was initially applied only in the context of criminal law, but since the 1980s numerous states have applied it beyond the criminal law sphere.62 24. It is generally accepted that the application of the protective principle can only be justified by the need to protect ‘essential’ or ‘vital interests’ of the state, but there is little consensus on how these should be defined. Both the United States and Canada have relied on the protective principle to address instances of pollution in the high seas. In 1970 Canada introduced the Arctic Water Pollution Prevention Act, which extended the reach of Canadian environmental laws outside its territory.63 The protective principle was arguable on the basis of the US Oil Pollution Act of 1990 enacted after the 1989 Exxon Valdez incident64 and establishing liability for discharging oil in US navigable waters. 25. In sum, states have relied on the protective principle on several occasions to ensure environmental protection. The Commission could therefore rely on this principle to assert its adjudicative jurisdiction. In this connection, it is irrelevant whether any of the major emitters do business in the Philippines, as long as the effects of their activities may be regarded as a threat to essential or vital interests of the Philippines.