Legal Meaning of ‘expedited access to funding’ (1st advice)

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Date produced: 06/12/2011

What is the meaning of “expedited access to funding” in the context of the text below? Does it have any specific significance or connotation over and above the natural/ordinary meaning of the words?

The 3 December SBI text on NAPs (http://unfccc.int/resource/docs/2011/sbi/eng/l36.pdf) provides at Para 21(d) the following :

“(d) Adopt simplified procedures and arrange for expedited access to funding by [the least developed country] [developing country] Parties, [while ensuring sound financial management, taking into account the special needs of the least developed countries as well as of the small island developing States];”

Since it is a treaty, any provision of the UNFCCC has to be interpreted “in good faith” consistent with “the ordinary meaning given to the terms of the treaty in their context and in the light of its object and purpose.”(Vienna Convention).

Here, the phrase “expedited access to funding” does not have any specific legal significance nor does it connote anything over and above the natural ordinary meaning of the words. Moreover, there is no ambiguity in the term. Consistent with the ordinary grammatical meaning of the phrase and the over intent of scheme of the UNFCCC, Para 21(d) contemplates a smooth, quick application for funding by the developing countries. The requirement that the Parties “[a]dopt simplified procedures” further underscores the Parties’ intention that developing countries do not encounter unnecessary hurdles in accessing the fund.

Within the context of the UNFCCC the phrase “expedited access to funding” means quick and easy “access”, meaning funds should be easily available to the Parties, in this case the least developed.