Los fundamentos jurídicos para la eliminación progresiva de los combustibles fósiles

An open letter signed by 252 legal experts, academics, and professionals addressed to the participants of the First Conference for the Transition Beyond Fossil Fuels in Santa Marta, Colombia. The document asserts that states have binding international legal obligations to phase out fossil fuels to prevent significant climate damage and protect human rights.

• Legal experts argue that states have binding obligations under international law to phase out fossil fuels, citing the International Court of Justice (ICJ) which stated that states must use all available means to prevent significant damage to the climate system, including avoiding the production and use of fossil fuels.
• The duty to phase out fossil fuels is derived from several sources of international law, including customary international law, human rights law, environmental law, and the law of the sea. Customary law requires states to prevent significant transboundary environmental damage, which necessitates reducing fossil fuel production, consumption, licensing, and subsidies.
• The document asserts that the UNFCCC and the Paris Agreement require the phase-out of fossil fuels to meet their goals, such as limiting temperature increases to 1.5 °C. Public financing and subsidies for fossil fuels are described as incompatible with the Paris Agreement's goal of aligning financial flows with low greenhouse gas emission trajectories.
• International human rights law and the law of the sea also mandate the reduction of fossil fuels. The ICJ has recognized a healthy environment as a prerequisite for other human rights, while the UN Convention on the Law of the Sea (UNCLOS) and the International Tribunal for the Law of the Sea (ITLOS) identify greenhouse gas emissions as marine pollution, primarily sourced from fossil fuels.
• States are required to exercise 'due diligence' in their climate actions, meaning measures must be science-informed, effective, and increasingly ambitious. Priority must be given to reducing emissions at the source over speculative technological interventions that may carry unquantified risks.
• States may face legal consequences, including obligations for cessation and reparation, if they fail to regulate fossil fuel companies or if they authorize and finance emitting activities. This applies to both private companies and state-owned enterprises (SOEs).
• The level of diligence required varies based on historical responsibilities and resources, following the principle of common but differentiated responsibilities and respective capabilities (CBDR-RC). Developed states are expected to adopt more stringent measures and provide financial and technological support to developing countries, least developed countries (LDCs), and small island developing states (SIDS).
• The authors argue that the obligation to protect the climate system is 'erga omnes' (owed to the international community as a whole) and should prevail over limited legal obligations to foreign investors. Consequently, Investor-State Dispute Settlement (ISDS) mechanisms should not hinder the phase-out of fossil fuels.

APA

Center for International Environmental Law (n.d.). Los fundamentos jurídicos para la eliminación progresiva de los combustibles fósiles. https://www.ciel.org/wp-content/uploads/2026/04/fossil_fuel_phaseout_legal_letter_santa_marta_SPA.pdf.pdf

Chicago

Center for International Environmental Law. Los fundamentos jurídicos para la eliminación progresiva de los combustibles fósiles. n.d. https://www.ciel.org/wp-content/uploads/2026/04/fossil_fuel_phaseout_legal_letter_santa_marta_SPA.pdf.pdf.

Wikipedia

{{cite press release |author=Center for International Environmental Law |title=Los fundamentos jurídicos para la eliminación progresiva de los combustibles fósiles |url=https://www.ciel.org/wp-content/uploads/2026/04/fossil_fuel_phaseout_legal_letter_santa_marta_SPA.pdf.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centerforinternationalenvironmentallawndlos, author = {{Center for International Environmental Law}}, title = {{Los fundamentos jurídicos para la eliminación progresiva de los combustibles fósiles}}, publisher = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2026/04/fossil_fuel_phaseout_legal_letter_santa_marta_SPA.pdf.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }