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 […]

What are the legal implications of using the term “committee” or “mechanism” for the compliance section of the Paris Agreement?  Is one term necessarily broader than the other? Summary: The answers to these questions are based on the review of several international environmental agreements and other related instruments. We also …

The Co-Chairs of the Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP) have just issued a revised document. It contains sections on mitigation, adaptation, finance, technology transfer and capacity building. The new ‘Draft Agreement’ comprises 26 articles on 9 pages that cover all the areas under negotiations. However, many …

During the negotiating session in Bonn in June 2010, the AWG-KP requested the Secretariat’s legal service to prepare a paper on how to avoid a gap between the first and second commitment periods and to identify the legal consequences of any such gap. The formal request is as follows: “In the context of decision 1/CMP.1 […]

In this briefing paper, we are set out an analysis of the following question: What sanctions/penalties exist in other environmental treaties (e.g. CITIES, CBD, Montreal Protocol)? Without commenting on the merits of such sanctions/penalties, would any of these be compatible with the Convention or the current LCA text.