There has been a great deal of confusion since the Copenhagen Accord was agreed as to what the provisions relating to finance actually mean. In this briefing note, we address the following issues: a. Whether the wording in paragraph 8 of the Copenhagen Accord binds countries under international law; b. whether a “pay by results” […]

In this briefing note we examine the extent to which the provisions in the LCA draft text of 17 May 2010 (the LCA Text) which establish or refer to institutions, overlap or conflict with or complement other institutions in the LCA Text. Where the function of two (or more) institutions overlap, we seek to identify […]

In this briefing note, we set out: to what extent the draft adaptation text of 18 December 2009 and the adaptation provisions of the Copenhagen Accord contain actionable provisions, arrangements or commitments as opposed to mere statements of intent or vague announcements; to what extent these provisions are a step up from existing provisions under …

This note is a legal analysis of the Copenhagen Accord (Accord)1 agreed on 19 December 2009 by various States at the UNFCCC Conference in Copenhagen. Given the vagueness of the Accord, a “pure” legal analysis is not possible and some interpretational opinion is ventured. This analysis is set out in two parts. In Part I […]

We have received a number of queries seeking guidance on how to create legally binding obligations in the international context. In particular, there is concern as to whether or not any new, stand alone agreement to reduce greenhouse gas emissions by a specified amount, by a specified period will be binding under international law or […]