What is the impact of where topics are placed within the Agreement, eg. Loss and Damage? Does the placement affect the force of a particular provision, or of the agreement as a whole? More specifically: a) What is the legal status of the Preamble versus other sections of the agreement? b) What is the legal status […]

What is the “governing body” mentioned in the ‘co-chairs’ tool’? Advice: The co-chairs’ tool envisages the adoption of a core agreement (part 1, draft agreement) as a new international treaty. It, therefore, provides for a new decision-making body comprising all Parties to the new agreement: “the governing body”. In the section on definitions …

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 …