The 2015 agreement under the ADP mandate will need to be “under the Convention”. The practical legal implications will inform the discussion on options. What does “under the Convention” mean and what are the options for bringing the 2015 agreement under the Convention, in particular if the output is an agreed outcome with legal …

The related concepts of legal personality and legal capacity are often of relevance in the UNFCCC negotiations. Of particular current relevance is the status of the Green Climate Fund (“GCF”). This paper begins by introducing the concept of international legal personality and legal capacity. It describes the legal status of an international organisation …

In this briefing paper we review and define the verbs used at the beginning of paragraphs in COP decisions in both: a. the preambular text; and b. the operative text. Where appropriate, we will discuss how the verbs relate to others in respect of their relevant strength and give examples of how they have been […]

One issue that is likely to be important at COP16 in Cancun relates to the creation of a new fund or a finance board (or both) to govern and distribute new finance flows. In this briefing paper, we set out general background information in relation to the following issues which may be useful to delegates […]

This briefing note sets out, at a very high level, some of the key points relating to the provision of the long‐term finance and whether this money will be ‘new and additional. In particular, it addresses the following points: a) the correct interpretation of the wording “mobilizing jointly $100 billion a year by 2020”as set […]