Possible declarations in connection with the 2015 climate agreement

Briefing paper

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 However, the materials have been prepared for informational purposes only and may have been superseded by more recent developments.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: 06/10/2015

The Co-Chairs of the Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP) have just issued a revised document. It contains sections on mitigation, adaptation, finance, technology transfer and capacity building. The new ‘Draft Agreement’ comprises 26 articles on 9 pages that cover all the areas under negotiations. However, many key issues are only addressed in very general terms and may lead to a reinterpretation of the parties’ existing rights and commitments.

In response to concerns raised by different delegates, LRI advisers have prepared possible draft text for declarations on, for example, finance and technology transfer, adaptation and loss and damage. Declarations clarify a Party’s understanding of the scope of a treaty or the meaning of certain provision. They are essentially of a political (not legal) nature but may help to strengthen arguments and negotiating positions in the future.

The briefing paper outlines possible draft text for such declarations in English and French.