The Centre for Climate Engagement (CCE) at Hughes Hall, University of Cambridge, has submitted a response to a consultation launched by the Office of the United Nations High Commissioner for Human Rights (OHCHR) on a Fossil Fuel-based Economy and Human Rights.
The response focuses on the legal frameworks and issues which underpin efforts to ensure a just transition away from fossil fuels. Its authors were Professor Harro van Asselt (University of Cambridge, Department of Land Economy) and Nick Scott (Centre for Climate Engagement).
Summary
While climate treaties like the Paris Agreement rarely make explicit mention of fossil fuels, international climate commitments can support human rights claims and inform the development of other areas of international law. Conversely, international human rights law may create climate-related obligations for states. In some cases, however, international economic laws may obstruct climate action, for example through the application of investor-state dispute settlement mechanisms.
To accelerate the climate transition, governments can combine demand-side policies (e.g. carbon pricing) with supply-side measures (e.g. banning new fossil fuel projects and phasing out subsidies). Voluntary business initiatives may also play a role but are unlikely to create the systemic changes required to address climate change without additional policy levers. Stronger regulations, financial sector reforms, and international cooperation are essential for a just transition away from fossil fuels which protects human rights.
Key Points from our Response
- International law provides a foundation for fossil fuel reduction – International law contains few specific obligations to reduce fossil fuels, but intersecting legal frameworks may nonetheless be crucial to the climate transition. Emissions reductions targets in international law imply a reduction in fossil fuel use and have supported human rights-based climate litigation, whereas international human rights frameworks imply obligations for states to reduce their fossil fuel dependence.
- Supply-side measures are critical – Most climate policy measures tend to focus on demand for fossil fuels, but demand-side policies alone are likely insufficient to meet climate targets. Governments should therefore consider also leveraging supply-side climate policy, which can include bans and moratoria, carbon pricing at the point of production, and subsidy removal.
- Business commitments are significant, but insufficient without regulation – Businesses have made many voluntary commitments to reduce fossil fuels, but current trends suggest this has been insufficient to align corporate behaviour with the shift away from fossil fuels. Binding rules for businesses, such as mandatory transition plans, may help achieve corporate climate goals.
- Global cooperation is increasing – Initiatives like the Beyond Oil and Gas Alliance show growing international support for fossil fuel phase-outs. There have also been efforts towards a legally binding treaty for phasing out fossil fuels.
View further details of the consultations on the OHCHR website.
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