What are the legal implications of current Article 6.2 draft text which would claim to “supersede” para 77d of the prior Katowice CMA transparency decision (1.CMA/18)? Would such a provision essentially replace para 77d? What precedents are there in UN decisions for “superseding” and what were their effects? Advice: Parties and legal commentators …

1. As the so-called “Paris Rulebook” will be adopted as a series of CMA decisions, what will be its legal status? Does the fact that the Rulebook will need to be implemented nationally give it a different legal status than “normal” COP decisions?  2. Given that the Paris Rulebook will take the form of a COP decision, […]

Can the CMA adopt decisions if it chooses to suspend its session, or can it only adopt decisions when it closes? Has this happened before? Summary: The CMA is able to adopt decisions and suspend the session.  The CMA is not limited to adopting decisions when the session closes.  There is precedent for this from […]

If and to what extent does Art.8 of the Paris Agreement in conjunction with accompanying COP decision 1/CP.21, paragraph 51, exclude the application of the general rules of public international law, in particular on state responsibility? Advice: The relevant loss and damage provisions adopted at the Paris Conference are contained in both the Paris Agreement …

How do you ensure permanence of the international mechanism on loss and damage? Background and Summary: There are many countries who state that their chief concern is to ensure the permanence of an international mechanism. They fear that, given its current mandate and scheduled review, the Warsaw International Mechanism could disappear after 2016. For …