Equity concerns in banning fossil fuel extraction

Context - Momentum is also growing in favour of a Fossil Fuel Non-Proliferation Treaty. There is a proposal in academic literature which sets out the case for a coal elimination treaty by 2030 with the aim of phasing out the mining and the burning of coal.

Summary:

The text discusses the evolving discourse on phasing out fossil fuels, beginning with its emergence in the United Nations Framework Convention on Climate Change (UNFCCC) at COP26 in 2021. COP28 in Dubai in 2023 further emphasized the transition away from fossil fuels to achieve net-zero emissions by 2050, aligning with the goals set in the Paris Agreement. The text argues that unabated fossil fuel production is incompatible with achieving long-term temperature goals and preventing climate disruption.

Important points:

  • Economically diversified nations like Canada, the United States, and the United Kingdom are deemed more capable of transitioning due to their non-fossil fuel income and higher per capita income. 
  • In contrast, countries such as Azerbaijan, Congo, Iraq, Nigeria, Oman, and Timor Leste, heavily dependent on fossil fuels, face limited capacity to transition and cannot be expected to lead in phasing out fossil fuels.
  • Further the international law asserts that a state has a right to use natural resources within its territory for economic development while highlighting due diligence obligations to prevent trans-boundary harm.
    • In this regard there are unclear applications of environmental impact assessment (EIA) obligations in the context of global commons, particularly for fossil fuel extraction. 
    • Scholars are noted for advocating EIA requirements (for local as well as global impact) and emphasizing human rights concerns, citing potential violations in tribal areas of Chhattisgarh, Jharkhand, and Odisha.

Indian case:

  • Despite its progress in renewable energy, Fossil fuels still dominate India's power sector, with millions employed in related sectors. 
  • India needs transition support, economic opportunities, and livelihood creation, particularly in the face of serious unemployment concerns. 
  • India was successful at COP 26 in adjusting language from "phasing out" to "phasing down" unabated coal

The text advocates for India's coalition building strategy with like-minded developing countries to counter perceived hypocrisy from developed nations, especially major fossil fuel producers planning production increases. 

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