Towards a Fossil Fuel Non-Proliferation Treaty: Legal Frameworks for Phasing Out Extraction at the Source

The urgency of the climate crisis demands a fundamental shift in global legal frameworks, moving beyond emission reduction to directly addressing fossil fuel extraction. While international agreements like the Paris Agreement regulate carbon emissions, they do not prevent countries from continuing fossil fuel production. This paper explores the concept of a Fossil Fuel Non-Proliferation Treaty (FF-NPT) as a legal tool to phase out fossil fuel extraction at its source, with a special focus on its implications for India and other developing nations. India, as a rapidly growing economy, faces the challenge of balancing energy security, economic growth, and climate commitments. This research examines how an FF-NPT could align with India’s renewable energy goals, Just Transition policies, and commitments under the UNFCCC. The paper explores the legal feasibility of such a treaty within India’s constitutional framework, environmental laws, and energy policies, assessing potential challenges such as economic dependence on coal, employment impacts, and energy affordability. By developing a legal framework for phasing out fossil fuels, this research provides a country-specific perspective on the global FF-NPT debate, offering solutions that balance climate action with national development priorities. Major Findings: The study finds that a Fossil Fuel Non-Proliferation Treaty (FF-NPT) can legally and equitably phase out fossil fuel extraction at the source by integrating international, national, and corporate mechanisms. It also highlights that aligning the treaty with just transition principles is essential for addressing economic and social impacts, especially in developing countries like India.