Governing fossil fuel production in the age of climate disruption: Towards an international law of ‘leaving it in the ground’

Abstract

To achieve the long-term temperature goals set by the 2015 Paris Agreement and avert climate disruption, fossil fuel production cannot continue to proceed unabated. This dawning realisation has led to calls to ‘leave fossil fuels in the ground’. While a growing body of scholarship on ‘supply-side climate policies’ shows how policies curbing fossil fuel production can contribute to climate objective, there has been scarce attention to the role of law in regulating fossil fuel production. With a view to filling this gap, this article investigates the changing role of international law in addressing fossil fuel production to achieve climate change goals. The limitations of the siloed thinking in international law are illustrated with reference to international climate change law, human rights law, and investment law. The normative guidance emerging from these bodies of law for governments and fossil fuel companies regarding the transition away from fossil fuel production is unclear, and at times conflicting. The article thus calls for a rethinking of international law in supporting the shift away from fossil fuel production to achieve climate goals.