Amicus Curiae: “It is the duty of States to phase out fossil fuel production”

Amicus Curiae Brief Regarding the Request of Advisory Opinion Submitted by the Republic of Chile and the Republic of Colombia

This amicus curiae, submitted to the Inter-American Court of Human Rights, outlines the duty of States to phase out fossil fuel production and use in order to comply with the 1.5°C temperature limit.

In collaboration with Bank Climate Advocates, this amicus attempts to bring the Court’s attention to the public finance expenditures and underscore how ongoing financial support from governments facilitates the expansion of the fossil fuel industry. Ongoing financial support for fossil fuels contributes to carbon locked-in development, which aggravates the Climate Emergency and hinders the efforts to protect Human and Environmental Rights.

This amicus argues the following:

• The State has the duty to phase out fossil fuel production and use in order to meet the 1.5°C limit;
  • Protecting a livable climate and environment requires a fast and fair phase out of existing fossil fuel production alongside a fast and fair ramp up of energy efficiency and renewable energy solutions.
  • The current global oil and gas expansion makes it impossible to hold temperature rise to 1.5ºC.
• Continued government funding of fossil-fuels does not respond to the climate emergency and violates international and regional commitments;
  • The progress made at the international sphere lacks of domestic implementation.
  • States must have regard to the goals and obligations of Climate Agreements, particularly Article 2.1(c) of the Paris Agreement.
• Under International Law States must act urgently to limit global warming below 1.5°C;
  • Fossil fuel expansion is incompatible with pursuing efforts to limit warming to 1.5°C and undermines human and environmental rights.
  • States must guarantee the protection of human and environmental rights.

Download the amicus curiae.