410 results found

Meaning of ‘averting, minimizing and addressing’ loss and damage (07/11/2022)

Query: What is meant by each of these terms in relation to Loss and Damage: ‘address, avert and minimise’? Are these concepts linked to loss and damage and/or adaptation and/or mitigation? Which arguments support the interpretation that these three concepts are part of the L&D provisions? Advice: 1. Background and context The Paris Agreement in […]

Implications of authorized and non-authorized units under Article 6.4 (27/10/2022)

Background The CMA Decision 3/CMA.3 contains the rules, modalities and procedures for the running of the market-based mechanism of Article 6.4. The mechanism replicates many of the features of the Clean Development Mechanism under the Kyoto Protocol, but it also comes with new requirements and possibilities, given the different context of the Paris Agreement. Among […]

Relationship between the Convention and the Paris Agreement (23/08/2022)

How could states collectively indicate that they consider the UN Framework Convention on Climate Change to be the “governing”, “supreme” or otherwise guiding legal instrument in relation to the Paris Agreement? What legal tools would (in principle) be available under public international law to put forward and agree such an interpretation? Executive Summary: The issue […]

Loss and damage finance – Literature review (10/10/2022)

The attached paper is a literature review of publications on climate-related loss and damage (L&D).  In particular, the review aims to: (i)          map out possible options/approaches for financial arrangements on L&D; (ii)        provide a brief explainer of the different approaches that have been proposed; and (iii)       provide reference to information on governance arrangements and finance […]

The status of the UNFCCC and its secretariat under international law (11/10/2022)

1. Can the UNFCCC and/or its secretariat be considered an international organisation under public international law? 2. If not, what could the parties to the UNFCCC do to establish the UNFCCC and/or its secretariat as an independent international organisation? 3. What other options (if any) are there to grant the UNFCCC and/or its secretariat independent […]

Implicit downgrade of an NDC (10/06/2022)

Do Parties to the Paris Agreement comply with their commitments under that Agreement, contained in particular in Arts. 4.3 and 4.11 and Decision 4/CMA.1, if their new or updated nationally determined contribution (“NDC”) does not represent a progression beyond the previous NDC, in so far as it effectively lowers an existing economy-wide absolute emissions reduction […]

Potential outcomes for the Glasgow Dialogue on Loss & Damage (19/05/2022)

1. Based on relevant previous UNFCCC practice and decisions (if any), and your own assessment, can you outline what could be the possible tangible outcomes of the Glasgow Dialogue between Parties, relevant organisations and stakeholders to discuss the arrangements for the funding of activities to avert, minimise and address loss and damage associated with the […]

Operationalisation of Santiago Network on Loss & Damage (30/05/2022)

What scope is there in para.9(b) and (f) of decision 19/CMA.3, setting out the SNLD’s functions, and in the text establishing the SNLD in para.43 of decision 2/CMA.2 to argue for a role for the coordinating body for the SNLD that goes beyond catalysing technical assistance? Is that scope limited and if so, how is […]

Glasgow Dialogue mandate (22/03/2022)

1) Does the mandate of the Glasgow Dialogue resulting from the CMA decision allow for negotiation on Loss & Damage or is it going to be a series of workshops (and talkshops) held on the sidelines, in conjunction with the SBI session, with no inputs to the COPs? 2) How might the process feed into […]

SB56 Outcomes – summary (22/08/2022)

The 56th sessions of SBSTA and SBI met over the period 06 to 16 June 2022. Aside from the formal negotiations on SB agendas, there were a number of additional mandated events.   This paper provides a short summary of the discussions in different subject areas. To help the reader and provide a general overview, it […]

Article 6.4 activity cycle diagram (22/08/2022)

A schematic representation of the “activity cycle” that an activity must go through under the rules, modalities and procedures of Article 6.4 of the Paris Agreement in order to be issued with “Article 6, paragraph 4, emission reductions”. *Digital version of the diagram includes live links to relevant pages of Decision 3/CMA.3* Though it has […]

Operationalizing the Global Goal on Adaptation (08/06/2022)

SLYCAN Trust and LRI have jointly produced a background note on the Global Goal on Adaptation and how to operationalize it. As the GGA work programme has started, this document has been produced to inform the discussions and provide additional perspectives on the GGA. Please reach out if you have any additional input, feedback, or […]

Article 6 carbon markets explainer (30/05/2022)

Article 6.2 and 6.4 of the Paris Agreement describes two market approaches for voluntary cooperation which parties can use to achieve their NDCs. Guidance on the international transfer of mitigation outcomes, as well as rules, modalities and procedures for a centrally governed crediting mechanism to support sustainable development were adopted in Glasgow last year. This […]

Glasgow Dialogue on Loss and Damage (27/01/2022)

How is the establishment of a dialogue to discuss arrangements for funding Loss & Damage (as per the CMA Pact-Decision in para.73)[1] different from establishing a funding facility? What are the legal implications (if any) of the decision taken by the CMA under the Paris Agreement to establish such a dialogue for the potential scope […]

Grievance mechanism in Article 6.4 Paris Agreement (12/11/2021)

Are there are any legal arguments that could be used to say that the grievance mechanism envisaged in para.68 of the Annex to the draft CMA decision on the rules, modalities and procedures for the mechanism established by Article 6, paragraph 4, of the Paris Agreement should not be handled by the Supervisory Body; or are there […]

Brazil NDC and requirement for corresponding adjustments (06/11/2021)

Brazil is querying whether, for the purpose of Article 6 Paris Agreement, policies and measures implemented at domestic level are to be treated as outside the scope of its (economy wide) NDC and therefore corresponding adjustments do not apply to them. It argues that each party should be able to specify which policies, programs or reductions are inside and […]

The EU’s joint NDC as a cooperative approach (10/01/2022)

Is the joint NDC submitted by the EU and its member states under Article 4 paras.16-18 of the Paris Agreement a cooperative approach in the sense of Article 6.2 of the Agreement? Advice:                   The EU’s Joint NDC does not constitute a cooperative approach within the meaning of Article 6.2, because it is based on an […]

Carbon border adjustment mechanism and WTO rules (18/11/2021)

What are the potential areas of conflict between the carbon border adjustment mechanism (CBAM) proposed by the EU Commission and WTO law? Background: The CBAM proposed by the European Commission sets out a common and uniform framework through which to ensure an equivalence between the carbon pricing applied in the EU’s internal market and the […]

EU carbon border adjustment mechanism (02/11/2021)

What is the Carbon Border Adjustment Mechanism proposed by the EU ? Advice: The EU proposal The Carbon Border Adjustment Mechanism (CBAM) was proposed by the Commission to support the EU’s climate targets. It is a measure that should prevent the risk of carbon leakage and support the EU’s increased ambition on climate mitigation but […]

Financial mechanism on Loss and Damage (09/11/2021)

1. Which aspects (if any) of the Paris Agreement 2015 (Paris Agreement) or the United Nations Framework Convention on Climate Change (UNFCCC) support the establishment of a financial mechanism on loss and damage such as that contemplated in the Stockholm Environment Institute’s paper[1] (SEI Proposal) and which goes beyond insurance? 2. Does paragraph 51 in […]