Towards a Principle-Based Framework for an Equitable Global Fossil Fuel Phase-Out

Kim Bouwer; Daria Shapovalova; Matteo Fermeglia

doi:10.1017/S0020589326101493

Towards a Principle-Based Framework for an Equitable Global Fossil Fuel Phase-Out

Kim Bouwer^* (Corresponding Author)
, Daria Shapovalova
, Matteo Fermeglia

^*Corresponding author for this work

Durham University
University of Amsterdam

Research output: Contribution to journal › Article › peer-review

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Abstract

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 scope of existing obligations and development of a future regime limiting the production of fossil fuels. While fossil fuel production remains largely unregulated in the international climate regime, emerging scientific, political and normative pressures demand clearer legal guidance. The article argues that a principle-based approach, grounded in established norms of international law, can clarify what equity entails in this context, and offer a coherent framework for a managed phase-out. Drawing on principles of permanent sovereignty over natural resources, common but differentiated responsibilities, cooperation, prevention, precaution and non-regression, it is demonstrated that the substantive and procedural obligations needed for an equitable transition away from fossil fuels are already part of existing international law.

Original language	English
Pages (from-to)	193-219
Number of pages	27
Journal	International and Comparative Law Quarterly
Volume	75
Issue number	1
Early online date	10 Apr 2026
DOIs	https://doi.org/10.1017/S0020589326101493
Publication status	Published - 2026

Bibliographical note

Earlier versions of this article were presented at the Eighth Energy Transitions Conference hosted by the University of Eastern Finland in Joensuu on 27 June 2024; the Distributive Justice in International Law Conference hosted by UniLUISS, University of Cambridge and the European University Institute in Rome on 3 October 2024; and in a research seminar hosted by the University of Glasgow Just Transition Hub in Glasgow on 29 October 2024. We are grateful to everyone present for their helpful comments and suggestions, and their interest in our developing ideas. We are also very appreciative of Kaisa Huhta, Aileen McHarg, Annalisa Savaresi, Armando Rocha, Olivia Woolley and the two anonymous reviewers for their helpful comments on earlier versions of the article. All mistakes remain our own.

Funding

We acknowledge financial support from the Durham University Institute of Advanced Study and the University of Aberdeen Just Transition Lab.

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 13 Climate Action

Keywords

climate change
cooperation
differentiation
due diligence
equity
fossil fuel phase-out
fossil fuels
legal principles
prevention
sovereignty over natural resources

Access to Document

10.1017/S0020589326101493Licence: CC BY

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited.
Final published version, 413 KBLicence: CC BY

Cite this

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abstract = "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 scope of existing obligations and development of a future regime limiting the production of fossil fuels. While fossil fuel production remains largely unregulated in the international climate regime, emerging scientific, political and normative pressures demand clearer legal guidance. The article argues that a principle-based approach, grounded in established norms of international law, can clarify what equity entails in this context, and offer a coherent framework for a managed phase-out. Drawing on principles of permanent sovereignty over natural resources, common but differentiated responsibilities, cooperation, prevention, precaution and non-regression, it is demonstrated that the substantive and procedural obligations needed for an equitable transition away from fossil fuels are already part of existing international law.",

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Towards a Principle-Based Framework for an Equitable Global Fossil Fuel Phase-Out

Abstract

Bibliographical note

Funding

UN SDGs

Keywords

Access to Document

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Cite this