1. Under what circumstances might a unilateral statement by a State or State official be legally binding under international law, particularly when statements are made in the context of an international negotiation? What factors will affect that analysis?  2. Regarding the same questions, what effect, if any, might reliance by other States (e.g. Providing …

1.Is it possible for countries to ratify a COP decision? If so, which countries have?  2.Did the Congress of the USA pass a bill or another legal act when ratifying the UNFCCC which declares that the USA cannot enter into substantial obligations by way of COP decision unless the Congress expresses its consent? 3. If […]

In designing measures to address emissions from international shipping, does the International Maritime Organization (IMO) have the legal mandate to include exemptions – for the purposes of protecting Small Island Developing States – either on the basis of exempting specific countries, or alternatively by setting de minimis thresholds (such as tonnage …

1. What makes a text a “treaty”?  2. And what distinguishes a “treaty” text from political agreements, COP/CMP Decisions, political agreements, road maps, accords, etc? 3. For example, does a treaty text require certain “final” provisions, e.g. on ratification? Does the wording of the provisions make a difference, e.g. binding “shall” …

1. Are there technical requirements that would necessitate a delay between the adoption of a new Protocol under the UNFCCC and signature by heads of state or government? 2. Is it possible to open a Protocol for signature at a summit in one location and then leave the Protocol open for signature in New York […]