How can a new 2015 climate agreement to be adopted in Paris make reference to provisions, mechanisms, rules and other arrangements developed under the Kyoto Protocol and ensure that they apply to those Parties (of the Agreement) that have not ratified the KP, have not agreed to a second commitment period or failed to ratify […]

“Is it possible, under international law (and bearing in mind that Article 25 of the UNFCCC specifically provides a right of withdrawal), to restrict the right for a Party to withdraw from a treaty? Have there been other instances where such a restriction has been imposed? It is understood that, under the negotiations for a […]

Can the Conference of the Parties to the UNFCCC mandate the Green Climate Fund (GCF) to finance conditional intended nationally determined contributions (INDCs)  and technical expert meetings (TEMs) projects? Can you suggest some language for a COP decision in this regard? Summary:  No.  The Conference of the Parties (“COP”) designed the Green …

Does the mandate of other international fora, in particular the WTO, limit the competence of the UNFCCC to review and possibly decide on measures for the introducing of a global levy on carbon majors to pay for loss and damage from climate change? If so, to what extent? Advice: 1. Introduction The UNFCCC and the […]

The adverse effects of climate change threaten the enjoyment of a range of human rights, such as the right to life, adequate food, adequate housing, and to safe drinking water and sanitation. As such, integrating human rights considerations in the new climate change agreement is an importance issue for some countries and observer organisations involved …