Towards a Principle-based Framework for an Equitable Global Fossil Fuels Phase-out

This article examines the legal foundations of an equitable global fossil fuel phase-out under international law, and considers how legal principles could shape the development of future treaty regimes or instruments for fossil fuel governance. While fossil fuel production remains largely unregulated in the international climate regime, emerging scientific, political, and normative pressures demand clearer legal guidance. We argue that a principles-based approach, grounded in established norms of international law, can clarify what equity entails in this context, and also offer a coherent framework for a managed phase-out. Drawing on principles such as permanent sovereignty over natural resources, common but differentiated responsibilities, cooperation, prevention, precaution, and non-regression, we demonstrate that the substantive and procedural obligations for an equitable transition away from fossil fuels are already part of our international law.