397 results found

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 […]

Santiago Network on Loss & Damage at COP26 (19/10/2021)

(1) Is there any place in the provisional agendas where the Santiago Network on Loss and Damage could be discussed? (2) Are there any legal arguments that could be put forward to say that a decision to operationalise the Santiago Network on Loss and Damage is needed? Summary: In relation to Query (1), there is […]

Outline of decision on Santiago Network on Loss and Damage (16/09/2021)

Can you put together an outline of what a decision on the Santiago Network of Loss and Damage (SNLD) at COP26 might look like? Summary: A CMA decision on the SNLD at COP26 should provide the terms of reference for the SNLD and the key functions and modalities required to deliver on the SNLD’s mandate. […]

Operationalisation of the Santiago Network on Loss & Damage (16/09/2021)

While the COP presidency seems to be pushing for the operationalisation of the Santiago Network on Loss & Damage (SNLD), with a subsequent COP/CMA decision endorsing the arrangements, other parties argue that the arrangements should be formally negotiated and decided at the COP first (and then implemented). Can the SNLD be put into operation before […]

Use of EU ETS Revenues to fund climate action in developing countries (08/09/2021)

The EU has established a number of schemes to reinvest proceeds from the EU ETS (NER 300 programme, the Innovation Fund, the Modernisation Fund). Their legal basis is contained in the attached EU directive. The EU is currently in the process of reviewing its climate legislation. Would it be possible to create a new scheme […]

Summary of SB52 Outcomes (01/07/2021)

The 52nd sessions of SBSTA and SBI met over the period 31 May to 17 June 2021. This was the first meeting since COP25 and, in the light of ongoing covid-19 travelling restrictions, it was held in a virtual format. To accommodate the challenge of working in different time zones, sessions were spread over 3 […]

Alignment of the review of the CTCN and the assessment of the technology mechanism (14/06/2021)

1. Can you compare options IV.B (alignment but formal separation) and IV.C (alignment and formal integration) in the information paper of the secretariat (FCCC/SBI/2020/INF.5) and assess the potential legal implications for the relationship UNFCCC/Paris Agreement; COP/CMA and the different elements of the two review processes? 2. Has the secretariat’s paper covered all aspects correctly and/or […]

SB52 – 1st week summary (08/06/2021)

Summary of Week 1 (May 31st – June 5th 2021):  UNFCCC – Meeting of Subsidiary Bodies May – June 2021 (SB52) [virtual] Key Information SBSTA Chair Tosi Mpanu-Mpanu Scenario Notes SBI Chair Marianne Karlsen Scenario Notes Progress to be captured in informal notes, decision-making only to go ahead in person in Glasgow. 2.     SBI – […]

Key elements to be considered under Item 12 of the SBI provisional agenda on National Adaptation Plans (04/06/2021)

In relation to agenda item 12 of the SBI DPA on National Adaptation Plans, and based on the various reports referenced in the SBI chair’s scenario note (para.53), what are likely to be some of the common themes and elements relating to gaps and needs in formulating and implementing NAPs that will be considered at […]

Integration of adaptation and loss & damage finance in Global Goal on Adaptation (14/09/2021)

How could Loss and Damage and adaptation financing issues be integrated into the global goal on adaptation? Advice: 1. General overview of the global goal on adaptation (GGA) and its relation to the upcoming global stocktake (GST) The GGA was established under Article 7.1 of the Paris Agreement to: Enhance adaptive capacity; Strengthen resilience; and […]

Compensation for Loss and Damage under the GCF (12/06/2021)

Can the Green Climate Fund compensate for loss and damage? Advice: Potential argumentation lines As neither the Paris Agreement nor the GCF investment framework provide for a formal compensation mechanism for L&D (see below 2. for more details), an argument based on (direct) compensation for L&D would be difficult if not at all impossible to […]

Financing for adaptation and Loss and Damage at SB52 (07/06/2021)

Can you clarify under what agenda item(s), if any, will finance for adaptation (including National Adaptation Plans financing) and Loss & Damage be discussed at this session. Summary: The issue of finance for adaptation or loss and damage are relevant to discussions under a few agenda items at the June 2021 SB session, and as […]

Loss and Damage as a source of input to the Global Stocktake (10/06/2021)

Please consider the basis on which loss and damage may be considered as a source of input for the global stocktake referred to in Article 14 of the Paris Agreement (“global stocktake”). Summary: There are a number of arguments based on the Paris Agreement and its Rulebook that support loss and damage being considered a […]

Survey of geo-engineering provisions in NDCs, laws and policies (10/06/2021)

Could you review the NDCs of Parties to the Paris Agreement as well as their recent national policies relevant in this context (e.g. on energy, technology, science or environment) for any references to the development, testing or use of geo-engineering technologies? Advice: See the attached Table.