Legal Response International » Value of cover decisions

Value of cover decisions

All reasonable efforts have been made to ensure the accuracy of this information at the time the advice was produced (please refer to the date produced below). However, the materials have been prepared for informational purposes only and may have been superseded by more recent developments. They do not constitute formal legal advice or create a lawyer-client relationship. You should seek legal advice to take account of your own interests. To the extent permitted any liability is excluded. Those consulting the database may wish to contact LRI for clarifications and an updated analysis.

Date produced: 05/12/2023

Query:

1. What precedents, trends or examples have been set by past COP, CMA, etc., decisions that can support having more general and potentially wide-ranging cover decisions from 1/CP.28 and 1/CMA.5?
2. Following from the response to Question 1, can it be said that cover decisions serve a unique, useful, and/or indispensable role in terms of process, as they bring an overarching view of what was discussed in the session and set the tone for the process onwards?
3. What, if any, are the legal implications (incl advantages and disadvantages) of introducing new issues or initiating new processes through cover decisions vs. by starting with new agenda items, including through outcomes of other agreed items like the GST, etc. – by new issues we mean topics like, e.g., a fossil fuel phaseout, energy efficiency and RE goals, etc.?
4. In the event the 1/CMA.5 decision is devoted to the GST, what are the implications for the 1/CP.28 decision, and its potential to serve the exploratory and ground-breaking role that the recent cover texts have provided?

Advice-to-Q61-23-value-of-cover-decisions Download