What is the schedule approach used in WTO trade law to capture the differential treatment of parties? The UNFCCC uses the principle of common but differentiated responsibilities and annexes to equitably differentiate between parties to the Convention. However, there are also other approaches. These are not limited to the North-South (developed/developing …

How are non-party provisions used in international agreements? How have they been used and what are some examples? It is generally recognised that a treaty does not create either obligations or rights for a third State without its consent. An obligation arises for a third State from a provision of a treaty only if the […]

1. What governance and oversight structures exist as part of, or complementary to, the financial mechanism under the UNFCCC? Is there an overarching governance structure, if not, is it fragmented and how? Who makes which kinds of decisions and what oversight is there? What are the gaps or limitations of this set up? How are […]

Has the Aristotelian principle of formal equality (“Treat like cases as like” [Nicomachean Ethics, V.3. 1131a10-b15]) a status in international law ? Summary: The principle of ‘sovereign equality’ of States can be regarded as a ‘general principle of international law’ in the sense of Article 38(1) of the ICJ Statute. Its content is not, …

1. If a new protocol or similar legal instrument were to be agreed, would it need to refer to the Convention in the way the KP does, (ie refer to Annexes I and/ or II of the Convention) or could it provide its own terms of differentiation? 2. If a new protocol or similar legal instrument […]