INFORME 02 ELEMENTOS DE DISEÑO DEL TRATADO

The report examines various international legal frameworks and principles that could be incorporated into a future treaty to phase out fossil fuels. It discusses structural options for including these principles—either in a dedicated provision, the preamble, or substantive articles—and evaluates 16 specific legal principles, such as 'common but differentiated responsibilities' and 'intergenerational equity', detailing their legal status and potential application to fossil fuel production and a just transition.

• Negotiators have two primary structural options for incorporating principles into the treaty: a dedicated specific provision, which strengthens normative weight and provides a framework for interpreting substantive provisions, or mentioning them only in the preamble and substantive provisions, which limits their impact and weight.
• The principle of 'common but differentiated responsibilities and respective capabilities' (CBDR-RC) could be used to require wealthier, developed nations to lead significant reductions in fossil fuel production, while allowing developing countries more time for a phased elimination.
• The precautionary principle could justify a generic commitment to prohibit new fossil fuel projects incompatible with the Paris Agreement, as there are at least 1,542 gigatonnes of CO2 in developed reserves that could exceed the global carbon budget if extracted.
• The principle of maximum disclosure and transparency is essential for monitoring state compliance with phase-out targets and would require data on annual production, future production plans, existing oil and gas fields, coal mines, and public subsidies.
• The principle of intergenerational equity could be invoked to limit current fossil fuel production to protect the rights of future generations to a stable climate and to prevent the transfer of economic and environmental costs to the next generation.
• The principles of non-regression and progressive realization could prevent states from weakening existing national commitments to phase out fossil fuels and require a continuous increase in ambition over time.
• The 'polluter pays' principle (PPP) could be used to strengthen efforts to eliminate public financing for fossil fuels by internalizing negative externalities and making producers responsible for prevention and cleanup costs.
• The principle of Free, Prior and Informed Consent (FPIC) is critical for ensuring that fossil fuel production boundaries are not expanded into indigenous territories and that indigenous groups are respected in just transition decisions.

APA

Otto, R., Derler, F., van Asselt, H., Newell, P., & Daley, F. (n.d.). INFORME 02 ELEMENTOS DE DISEÑO DEL TRATADO. Fossil Fuel Non-Proliferation Treaty Initiative. https://www.fossilfueltreaty.org/s/Principles-Brief-ES.pdf

Chicago

Otto, Renatus, Franz Derler, Harro van Asselt, Peter Newell, and Freddie Daley. INFORME 02 ELEMENTOS DE DISEÑO DEL TRATADO. Fossil Fuel Non-Proliferation Treaty Initiative, n.d. https://www.fossilfueltreaty.org/s/Principles-Brief-ES.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=INFORME 02 ELEMENTOS DE DISEÑO DEL TRATADO |publisher=Fossil Fuel Non-Proliferation Treaty Initiative |url=https://www.fossilfueltreaty.org/s/Principles-Brief-ES.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{ottondinforme, author = {Otto, Renatus and Derler, Franz and van Asselt, Harro and Newell, Peter and Daley, Freddie}, title = {{INFORME 02 ELEMENTOS DE DISEÑO DEL TRATADO}}, institution = {Fossil Fuel Non-Proliferation Treaty Initiative}, url = {https://www.fossilfueltreaty.org/s/Principles-Brief-ES.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }