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 …

Could you please clarify the legal meaning of the terms “double counting”, “real, permanent, additional and verified” and “net decrease”, in the context of the UNFCCC and its market instruments, particularly the Framework of Various Approaches, New Market Mechanism and Non Market-based Approaches?  Advice:  The UNFCCC aims to stabilize “the …

Is there any way to hook countries, such as the USA, who will only agree to take on voluntary emission reductions commitments in the new climate agreement currently being negotiated, to somehow commit to legally binding obligations in the future through something like a ‘dormant commitment clause’ or another provision/approach? Advice: If …

In the Bonn ADP session (June 2015) Parties are working on the basis of the “Geneva text” but – in addition – have also created a working document to capture the ongoing discussions (see http://unfccc.int/meetings/bonn_jun_2015/session/8857.php).  As a result, there will be two ADP documents – the Geneva text and the …

What is the impact of where topics are placed within the Agreement, eg. Loss and Damage? Does the placement affect the force of a particular provision, or of the agreement as a whole? More specifically: a) What is the legal status of the Preamble versus other sections of the agreement? b) What is the legal status […]