Climate focused transitional justice (12/05/2021)

The Covid 19 pandemic has created human suffering on a global scale, but also a strange window of opportunity to rethink how we live, work and play. For the time being, calls for a green recovery that builds back betterby cutting greenhouse gas emissions, protecting the environment and creating a fairer, more equitable society have […]

Legislating the Paris Agreement in Africa (29/03/2021)

Approaches to, and lessons learnt from, the development of climate change framework laws in Eswatini, Kenya, Nigeria and Uganda.

Legal implications of using Certified Emission Reductions (CERs) units post 2020 (25/11/2019)

Please clarify what are the legal implications for the use of KP units (CERs) post-2020, assuming the Doha amendment never enters into force. Summary The CDM can continue to function in the absence of a new commitment period under the KP and it can be transitioned under the following scenarios: 1) the market-based mechanisms of […]

Putting the law at the heart of the Paris Agreement (18/01/2021)

Summary report of a webinar event held on 10th December 2020 to mark the fifth anniversary of the adoption of the Paris Agreement. The purpose of the event was to hear voices of the international legal community on priority issues that need to be addressed, specifically in the lead-up to and during COP26 in the […]

NDC submission date (15/09/2020)

1. Following the postponement of COP26 (originally planned for November 2020), by when do Parties have to communicate or update their Nationally Determined Contributions (NDCs) pursuant to Article 4 of the Paris Agreement? 2. If the Parties are bound to communicate or update their NDCs by 2020, is there any legal basis to say that, […]

Climate framework laws in Latin America and their alignment with the Paris Agreement – a comparative analysis (26/11/2020)

This paper provides a comparative analysis of Latin American climate change framework legislation in Mexico, Peru, Guatemala, Honduras and Paraguay. It assesses if and to what extent the legislation in those countries meets the requirements of the Paris Agreement, identifies gaps and achievements, draws lessons and offers some recommendations. *A version of the paper in […]

Pacific Island Climate Change Insurance Facility (08/10/2018)

The Pacific Island Climate Change Insurance Facility (PICCIF) is a proposed body aimed at the development of climate change risk-transfer products for Pacific Island nations.  One of the goals of PICCIF is to establish an arm, or tool, to monitor and ensure that the insurance and reinsurance industry is investing in climate-change-friendly portfolios[1]. In this […]

Excom inputs into the guidance to the operating entities of the Financial Mechanism and into the Global Stocktake (20/08/2020)

1. How can and/or should the Executive Committee of the Warsaw International Mechanism for Loss and Damage (the Excom) work with the Standing Committee on Finance (SCF) to ensure loss and damage is adequately addressed in the SCF’s draft guidance to the operating entities of the Financial Mechanism of the Convention provided to the COP? […]

Technical regulations based on international standards to mitigate climate change (09/09/2020)

Achieving the Paris Agreement’s long term temperature goal will require Parties to make rapid, deep and economy-wide GHG emission reductions. One mechanism through which this can be done is domestic technical regulations. These are government imposed technical specifications, processes and other requirements for the manufacture, import, marketing or use of products. Technical regulations in many […]

WIM relationships (20/08/2020)

1. What is the ‘legal’ (institutional) relationship between the Executive Committee of the Warsaw International Mechanism for Loss and Damage (the WIM Excom) and its three new expert groups (on slow onset events, non-economic losses and action and support) set up in Madrid  2. What is the ‘legal’ (institutional) relationship between the Excom of the […]

Reporting on Finance in the Global Stocktake of the Paris Agreement (03/08/2020)

1. Looking at how reporting on finance is dealt with in the Global Stocktake of the Paris Agreement (Article 14), is there sufficient teeth in its process and modalities (Decision 19/CMA.1) to ensure that a successful allocation of finance towards adaptation will be properly accounted for? 2. Would they capture the fact that resources are […]

Applicability of UNFCCC annexes to the Paris Agreement (01/05/2020)

Clarify to what extent, if at all, do the annexes to the UNFCCC apply to the Paris Agreement. Summary: In order to respond to this question, I have undertaken a classic treaty interpretation analysis. My conclusion is that, while some of the context to the terms “developing country Parties” and “developed country Parties” suggests an […]

Interfaces between the Sendai Framework, the Paris Agreement and the Sustainable Development Goals (30/03/2020)

Can you prepare a high-level overview of the links between the Sendai Framework for Disaster Risk Reduction, the Paris Agreement and the Sustainable Development Goals? Introduction The year 2015 saw the adoption by the international community of three landmark regimes: the Sendai Framework for Disaster Risk Reduction 2015-2030 , the Sustainable Development Goals within the […]

Failure to notify Joint Nationally Determined Contribution (NDC) (17/03/2020)

What are the legal consequences if parties to the Paris Agreement communicate a joint nationally determined contribution (NDC) but do not notify the secretariat in accordance with Article 4 para.16 of the Agreement? Advice: According to Article 4 para.16 of the Paris Agreement parties, including regional economic integration organizations and their member States, that have […]

COP25 main outcomes (04/02/2020)

Can you prepare a summary of COP25 main outcomes? Advice: The UN climate change conference took place in Madrid on 2 – 13 December 2019. It formally included the 25th session of the Conference of the Parties (COP25), the 15th session of the Conference of the Parties serving as the meeting of the Parties to […]

Shared governance of the Warsaw International Mechanism for Loss and Damage (14/12/2019)

If the Warsaw International Mechanism for Loss and Damage associated with Climate Change Impacts (“WIM”) were guided and accountable to both (1) the Conference of the Parties to the UN Framework Convention on Climate Change (COP) and (2) the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement (CMA) (rather than […]

Meaning of ‘Supersede’ in COP decision (12/12/2019)

What are the legal implications of current Article 6.2 draft text which would claim to “supersede” para 77d of the prior Katowice CMA transparency decision (1.CMA/18)? Would such a provision essentially replace para 77d? What precedents are there in UN decisions for “superseding” and what were their effects? Advice: Parties and legal commentators usually agree […]

Mandate of the Green Climate Fund (13/03/2020)

Can the Green Climate Fund support activities or projects that are outside the UNFCCC mandate? E.g. If the activity clearly falls within the mandate of the International Maritime (emissions from shipping) or Civil Aviation Organizations (ICAO) ? Summary: 1. This advice provides an overview of how powers are delegated to international legal entities (I); sets […]

Privileges and Immunities of the Green Climate Fund (17/12/2019)

What are the privileges and immunities awarded to an international organisation such as the Green Climate Fund, its assets and staff? What are some of the legal consequences of these privileges and immunities? How are such privileges and immunities awarded or granted? What do the constitutional documents of the Green Climate Fund say about the […]

Fate of Kyoto Protocol and CDM post-2020 (05/12/2019)

Given that the Doha Amendment has not yet entered into force, and also in the event that this occurs in the remainder of 2019 or in the course of 2020, 1. What is the legal scenario once 2020 ends with respect to the continuity of the Kyoto Protocol in the absence of a third commitment […]