1. Following the postponement of COP26 (originally planned for November 2020), by when do Parties have to communicate or update their Nationally Determined Contributions (NDCs) pursuant to Article 4 of the Paris Agreement? 2. If the Parties are bound to communicate or update their NDCs by 2020, is there any legal basis to say that, […]

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 …