AMICUS BRIEF SUBMITTED TO THE INTER-AMERICAN COURT OF HUMAN RIGHTS BY THE FOSSIL FUEL NON-PROLIFERATION TREATY INITIATIVE
Summary
The Fossil Fuel Non-Proliferation Treaty Initiative submits that fossil fuel production is the primary driver of the climate emergency and therefore falls under the jurisdiction of human rights law. The brief contends that States have a duty of prevention to regulate, monitor, and phase out fossil fuels to protect fundamental rights, including the rights to life, health, and a healthy environment. It emphasizes differentiated obligations, arguing that wealthy, developed States must act first and provide support to less-developed nations. The document also advocates for a 'just transition' and increased transparency regarding fossil fuel reserves and production.
Key insights
- Fossil fuel combustion and industrial processes are the primary drivers of the climate emergency, accounting for 86% of CO2 emissions between 2010 and 2019.
- The brief asserts that human rights obligations under the American Convention on Human Rights require a phase-out of fossil fuel production, with specific, more onerous duties for wealthy and developed States.
- The 'prevention principle' in international law imposes specific due diligence obligations on States regarding fossil fuel production, including the duty to regulate, monitor, and conduct climate impact assessments.
- Climate change and fossil fuel production impair a wide array of human rights, specifically the rights to life, a healthy environment, privacy, culture, property (especially for indigenous peoples), health, food, and water.
- A 'just transition' is required by human rights law, which involves moving to sustainable energy while protecting workers, ensuring affordable essential services, and avoiding the use of speculative technologies like carbon capture and storage (CCS).
- States have a positive obligation of active transparency to disclose information about fossil fuel production, including the potential creation of a Global Registry on Fossil Fuels to address the lack of public data on reserves.
- The brief argues that compliance with the Paris Agreement does not automatically satisfy a State's distinct human rights obligations to prevent foreseeable harm caused by fossil fuel production.
Cite the original document
- APA
- Fossil Fuel Non-Proliferation Treaty Initiative (n.d.). AMICUS BRIEF SUBMITTED TO THE INTER-AMERICAN COURT OF HUMAN RIGHTS BY THE FOSSIL FUEL NON-PROLIFERATION TREATY INITIATIVE. https://www.fossilfueltreaty.org/s/InterAmerican-Court-Submission-EN.pdf
- Chicago
- Fossil Fuel Non-Proliferation Treaty Initiative. AMICUS BRIEF SUBMITTED TO THE INTER-AMERICAN COURT OF HUMAN RIGHTS BY THE FOSSIL FUEL NON-PROLIFERATION TREATY INITIATIVE. n.d. https://www.fossilfueltreaty.org/s/InterAmerican-Court-Submission-EN.pdf.
- Wikipedia
- {{cite report |author=Fossil Fuel Non-Proliferation Treaty Initiative |title=AMICUS BRIEF SUBMITTED TO THE INTER-AMERICAN COURT OF HUMAN RIGHTS BY THE FOSSIL FUEL NON-PROLIFERATION TREATY INITIATIVE |url=https://www.fossilfueltreaty.org/s/InterAmerican-Court-Submission-EN.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{fossilfuelnonproliferationtreatyinitiativendamicus, author = {{Fossil Fuel Non-Proliferation Treaty Initiative}}, title = {{AMICUS BRIEF SUBMITTED TO THE INTER-AMERICAN COURT OF HUMAN RIGHTS BY THE FOSSIL FUEL NON-PROLIFERATION TREATY INITIATIVE}}, institution = {Fossil Fuel Non-Proliferation Treaty Initiative}, url = {https://www.fossilfueltreaty.org/s/InterAmerican-Court-Submission-EN.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }
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