Query: Are there any legal obstacles that would prevent the Parties to the UNFCCC and the Paris Agreement to consider, under these agreements, the necessity to phase out the extraction and use of fossil fuels? Executive Summary: We have not identified in any of the provisions of the UNFCCC or the Paris Agreement support for […]

Background: based on the latest Nationally Determined Contributions (“NDCs”) submitted by parties in 2020/2021 in the context of the first NDC update milestone, it is very likely that the 1.5C temperature goal of the PA will be exceeded by the end of the century. For some parties and independent organisations, this is caused in part […]

Query: What is meant by each of these terms in relation to Loss and Damage: ‘address, avert and minimise’? Are these concepts linked to loss and damage and/or adaptation and/or mitigation? Which arguments support the interpretation that these three concepts are part of the L&D provisions? Advice: 1. Background and context The Paris Agreement …

Background The CMA Decision 3/CMA.3 contains the rules, modalities and procedures for the running of the market-based mechanism of Article 6.4. The mechanism replicates many of the features of the Clean Development Mechanism under the Kyoto Protocol, but it also comes with new requirements and possibilities, given the different context of the Paris …

1. Following the postponement of COP26 (originally planned for November 2020), by when do Parties have to communicate or update their Nationally Determined Contributions (NDCs) pursuant to Article 4 of the Paris Agreement? 2. If the Parties are bound to communicate or update their NDCs by 2020, is there any legal basis to say that, […]