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Equity concerns in banning fossil fuel extraction
Context:
The inadequate response from governments to climate change is leading to a surge in climate change litigation globally, with proposals for treaties aiming to eliminate coal by 2030. However, aligning these proposals with key climate change principles poses challenges, including Common but Differentiated Responsibilities and Nationally Determined Contributions.
Phasing Out Fossil Fuels:
- Global Momentum for Action: Growing awareness of climate change risks has spurred calls for phasing out fossil fuels, highlighted in international climate conferences such as COP26 and COP28.
- Proposals for treaties and agreements: They aim to eliminate coal by 2030, driven by concerns over the Production Gap Report's projections and their misalignment with the Paris Agreement's temperature goals.
- Net zero emissions by 2050: COP28 in Dubai in 2023, in Dubai, also adopted a decision relating to the transitioning away from fossil fuels in energy systems, so as to achieve net zero emissions by 2050 in keeping with the science.
Challenges in Implementation:
- Equitable Transition Concerns: Countries heavily reliant on fossil fuel revenue face challenges transitioning away from fossil fuels due to economic dependence and limited capacity.
- Economic struggle: Diverse economies like the US and UK have greater flexibility, while countries such as Azerbaijan and Nigeria struggle with economic diversification and revenue dependency.
- India’s situation: India's reliance on fossil fuels despite advancements in renewable energy, impacting approximately 3.6 million people whose livelihoods are tied to the fossil fuel economy, necessitating transition support and economic opportunities amidst serious unemployment concerns.
Legal and Ethical Considerations:
- Not Binding: The basis of the Paris Agreement is NDCs, which does not bind a state to prohibit fossil fuel extraction.
- International Law and Resource Use: International law allows states to use natural resources for development, but obligations to prevent harm to others are ambiguous in the context of global environmental impacts like climate change.
- Rights of indigenous communities: Disputes arise over the necessity of environmental impact assessments for fossil fuel extraction and the rights of indigenous communities affected by such activities.
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