Commitments and Control Measures on Fossil Fuel Production

The document outlines various legal frameworks and mechanisms that could be adapted for a Fossil Fuel Treaty. It categorizes obligations into those of conduct (prescribing actions) and result (requiring specific outcomes), and discusses the use of binding versus non-binding language. Key commitment options include prohibiting new fossil fuel sites, setting absolute or relative production reduction targets, and restricting financial flows. The briefing also explores the adoption of technical, general specification, and performance standards, as well as trade restrictions to prevent 'free-riding' by non-parties. Additionally, it suggests informational mechanisms such as environmental impact assessments, labelling, and public participation to ensure transparency and a just transition.

• A Fossil Fuel Treaty could utilize two primary types of legal obligations: obligations of conduct, which require states to take specific actions without guaranteeing a result, and obligations of result, which mandate the attainment of a specific outcome regardless of the means used.
• To ensure effectiveness and accountability, the treaty could employ binding language (such as 'shall') and high-precision commitments, such as specific percentage reductions and timetables, rather than vague or hortatory terms like 'should' or 'strive'.
• The treaty could prohibit the exploration and extraction of fossil fuels from new coal mines and oil and gas fields, drawing on precedents from the Minamata Convention (mercury mines) and the Protocol on Environmental Protection to the Antarctic Treaty.
• Production reduction targets could be structured as absolute targets (definitive goals) or relative targets. Relative targets would allow for equitable differentiation based on GDP, historical responsibility, and economic dependence on fossil fuels.
• Financial commitments could include absolute targets to end all fossil fuel financing by a set date or relative targets tailored to national circumstances, aiming to redirect funds toward renewable energy.
• The treaty could implement three types of standards: technical standards (technology-based specifications), general specification standards (regulating practices like fracking or flaring), and performance standards (measurable outcomes like pollution limits).
• Trade-restrictive provisions, such as tariff barriers or prohibitions on imports from non-parties, could be used to prevent 'free-riding' and incentivize non-signatory states to join the treaty.
• Informational mechanisms to enhance transparency and compliance could include mandatory environmental impact assessments (EIAs) that consider Scope 3 emissions, product labelling of embedded emissions, and public disclosure of industry activities.
• Market-based mechanisms could include a global tax or levy on fossil fuel extraction, the removal of inefficient subsidies, or a cap-and-trade system using production credits for reductions below a baseline.

APA

Otto, R., Derler, F., van Asselt, H., Newell, P., & Daley, F. (n.d.). Commitments and Control Measures on Fossil Fuel Production. Fossil Fuel Non-Proliferation Treaty Initiative. https://www.fossilfueltreaty.org/s/Commitments-Brief.pdf

Chicago

Otto, Renatus, Franz Derler, Harro van Asselt, Peter Newell, and Freddie Daley. Commitments and Control Measures on Fossil Fuel Production. Fossil Fuel Non-Proliferation Treaty Initiative, n.d. https://www.fossilfueltreaty.org/s/Commitments-Brief.pdf.

Wikipedia

{{cite report |last1=Otto |first1=Renatus |last2=Derler |first2=Franz |last3=van Asselt |first3=Harro |last4=Newell |first4=Peter |last5=Daley |first5=Freddie |title=Commitments and Control Measures on Fossil Fuel Production |publisher=Fossil Fuel Non-Proliferation Treaty Initiative |url=https://www.fossilfueltreaty.org/s/Commitments-Brief.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{ottondcommitments, author = {Otto, Renatus and Derler, Franz and van Asselt, Harro and Newell, Peter and Daley, Freddie}, title = {{Commitments and Control Measures on Fossil Fuel Production}}, institution = {Fossil Fuel Non-Proliferation Treaty Initiative}, url = {https://www.fossilfueltreaty.org/s/Commitments-Brief.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }