Could a new US president possibly withdraw from the UNFCCC under Art. 25 (within a year of taking office) through an executive order and without approval by the US parliament (Senate/Congress?)? What would be the specific legal requirements, barriers, criteria for such an order? Summary: As a matter of United States law, a new US …

1. Now that the Paris Agreement has entered into force, would a US withdrawal in four years (under Article 28 PA) negate entry into force of the Agreement under international law, if the withdrawal means that the requirements for entry into force (under Article 21(1)) are no longer met? What — if any — is […]

How does the Global Market Based Measure (GMBM) complement emission reduction initiatives and ambition under the Paris Agreement? Summary: Article 6 of the Paris Agreement established an initiative to facilitate trade between states and promote carbon pricing on a global scale. Although countries’ Nationally Determined Contributions do not include …

Is the 30-day delay in Article 21.1 considered a third “condition” relevant for the interpretation of Article 21.3 or are the two triggers the only conditions? In other words we see two scenarios depending on whether there are 2 or 3 conditions to be fulfilled in Article 21.1. If we consider the conditions to entry into […]

In light of the decision taken in Paris, what would be the core elements (e.g., triggers, consequences) of the most robust mechanism possible under Art 15 of the Paris Agreement? Advice: Background Under international treaty law, the primary dispute resolution / compliance tool is ordinarily an ability for a party to a treaty to refer […]