Climate change is not simply an environmental problem. It affects the very systems that sustain our societies, from water and food to health, biodiversity and the economy. Yet despite decades of scientific knowledge and international negotiations, the world remains deeply dependent on fossil fuels.
The two new publications therefore approach the same challenge from different directions:
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why must we rethink our relationship with fossil fuels, and:
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how can governments, cities, lawyers, academics and civil society help turn that recognition into action?
Fossil fuels
In her 2025 Annual T.M.C. Asser Lecture, professor dr Joyeeta Gupta (University of Amsterdam) argued that a stable climate should be understood as a matter of public interest, and that climate injustice ultimately harms current and future generations, as well as the wider living world.
Her lecture, “Protecting the Public Interest in Times of Climate Change: From Abandoning Fossil Fuel to Sharing Our Earth”, has now been published by T.M.C. Asser Press.
Gupta's argument starts with what she identifies as the central driver of climate change: fossil fuels. Moving away from them, however, is far from straightforward. Fossil fuel dependence is embedded in economic systems, political interests, legal frameworks and everyday life. Market-based approaches alone are therefore unlikely to deliver the scale of change required.
Gupta argues instead for a broader approach based on climate system justice. Developed together with the Earth Commission, this approach connects climate action with questions of human rights, intergenerational justice, participation, inequality and the underlying drivers of environmental harm.
The challenge, she argues, is not simply to reduce emissions. It is also to determine how resources and responsibilities can be shared fairly. This has profound implications for the relationship between the Global North and Global South. The delay in setting a global warming target to 2015 has reduced the remaining carbon budget, making it impossible to share it equitably. If climate action is not approached justly, it will not be supported by the Global South, where most reserves of fossil fuels remain to be exploited.
But Gupta's argument goes beyond climate policy. Because many of the forces driving climate change fall outside the mandate of the existing UN climate regime, she argues that the world ultimately needs a broader framework: a global constitution capable of reconciling trade, investment, contract, human rights and environmental law, while putting human rights, wellbeing and the public interest at its centre.
Accelerating the transition
But what happens after we recognise the problem? The day after the Annual Lecture, the Asser Institute and SEVEN, the University of Amsterdam's interdisciplinary climate institute, brought together lawyers, consultants, NGOs, youth representatives, former policymakers and academics to explore how ideas of climate justice could inform policy and legal practice.
The workshop, held under the Chatham House Rule, examined practical ways of accelerating the transition away from fossil fuels while safeguarding energy security, affordability and social justice. Professor and academic director of SEVEN André Nollkaemper (University of Amsterdam) opened the discussion by reflecting on the urgency of Gupta's message and the need for institutions and organisations to work together on these complex challenges.
The resulting report authored by Asser researcher Stephanie Triefus, “From Climate Change to Climate Action: Next Steps for Policy and Practice”, captures the ideas that emerged from the discussion. Four themes stood out: engaging policymakers and multilateral processes, the role of municipalities and citizens, potential contributions from academia, and the impact of climate lawyering and litigation.
Beyond mandates
One recurring challenge is the tendency of institutions to operate within narrow mandates. Climate change, however, does not respect institutional boundaries. Workshop participants discussed how institutions and organisations can build new forms of cooperation when existing international processes are unable to go far enough. Initiatives such as the First Conference on Transitioning Away from Fossil Fuels illustrate how states can explore cooperation beyond established negotiating frameworks. The 2016 Kigali Amendment to the Montreal Protocol, under which states agreed to phase down hydrofluorocarbons, was discussed as another example of international cooperation pursuing environmental objectives outside the UN climate process.
Mobilising cities
Innovative cities and municipalities also have an important role to play. Participants discussed how local governments can sometimes work more closely with citizens and translate international legal developments and climate justice principles into practical policies. In the Global South, where some cities have populations larger than those of small European countries, municipal action can have a particularly significant impact.
The discussion also highlighted the importance of ensuring that climate policies do not create new inequalities. Renewable energy subsidies, for example, may primarily benefit those who can afford solar panels, electric vehicles or heat pumps, while vulnerable households continue to face high energy costs. A just transition therefore requires climate policies that are not only environmentally effective, but socially fair.
Law and litigation
The role of law and litigation was another central theme. Climate litigation has produced important breakthroughs in recent years, but lawyers and civil society organisations continue to face significant challenges. Many climate lawyers are acting pro bono, and climate cases require time, expertise and resources, while litigators must often counter the powerful narratives and disinformation campaigns perpetuated by the fossil fuel industry.
Recent advisory opinions and judgments on climate by the ICJ, the Inter-American Court of Human Rights and the International Tribunal for the Law of the Sea could help change that. By clarifying states' legal obligations, international and regional courts can provide climate litigators with legal foundations that can be used across jurisdictions. Participants also stressed the importance of better cooperation between legal, political and social movements. Climate action, they argued, risks becoming fragmented when knowledge and experience are not effectively shared.
The role of academia in advancing climate system justice
According to the participants, academia has an important role to play in influencing climate policy. Policymakers, however, often face competing priorities and pressures, making it difficult for climate justice messages to cut through. If academics wish to inform and influence policymakers, they should ensure presenting scientific and legal knowledge in ways that are concrete and actionable.The focus, the participants suggested, should be on the how: how can policymakers use this information, and in which forums can it make a difference? That also requires precision and nuance. Oil, gas and coal, for instance, operate in different markets and political contexts, and may therefore require different approaches.
Together, the two publications show that recognising the climate crisis is only the beginning. Protecting the public interest requires confronting structural dependence on fossil fuels, addressing questions of justice and finding practical ways to turn knowledge into action.
We are grateful for the support of the Municipality of The Hague.
→ Read professor Joyeeta Gupta's 2025 annual lecture, “Protecting the Public Interest in Times of Climate Change: From Abandoning Fossil Fuel to Sharing Our Earth”.
→ Read Dr Triefus’ report, “From Climate Change to Climate Action: Next Steps for Policy and Practice”.
→ Watch the 2025 Annual T.M.C. Asser lecture video.
Further reading:
→ Interview by Dr Stephanie Triefus with professor Joyeeta Gupta, "From Abandoning Fossil Fuel to Sharing our Earth: Professor Joyeeta Gupta on Protecting the Public Interest in Times of Climate Change".
→ Join us for a new short course: Climate litigation and regulation: international and European perspectives (7–8 December 2026 in The Hague), in cooperation with SEVEN - the University of Amsterdam's interdisciplinary climate institute.
