Value of cover decisions

Legal assistance paper

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Date produced: 05/12/2023


  1. 1. What precedents, trends or examples have been set by past COP, CMA, etc., decisions that can support having more general and potentially wide-ranging cover decisions from 1/CP.28 and 1/CMA.5?
  2. 2. Following from the response to Question 1, can it be said that cover decisions serve a unique, useful, and/or indispensable role in terms of process, as they bring an overarching view of what was discussed in the session and set the tone for the process onwards? 
  3. 3. What, if any, are the legal implications (incl advantages and disadvantages) of introducing new issues or initiating new processes through cover decisions vs. by starting with new agenda items, including through outcomes of other agreed items like the GST, etc.  – by new issues we mean topics like, e.g., a fossil fuel phaseout, energy efficiency and RE goals, etc.?
  4. 4. In the event the 1/CMA.5 decision is devoted to the GST, what are the implications for the 1/CP.28 decision, and its potential to serve the exploratory and ground-breaking role that the recent cover texts have provided?