Can you provide me with some general guidance on the language used in COP decisions, their legal implications and meaning? Understanding Decision Text Most resolutions have two components:  Preambular text: Sets the context but has limited legal authority  Operative text: Is the legally binding component, though words may be used to dilute or negate …

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1. What options are there to integrate the non-paper on the elements of a new agreement formally into the COP decision prepared by and currently under negotiation in the ADP? 2. What are the implications of different options and their relative strengths? Summary: As a technical matter, there is no legal obstacle to integration of […]

Is there anything in the GCF Governing Instrument (or anywhere else) which would prevent the GCF Board (as legal entity) to create a new trust fund in the way the GEF, or rather the Bank created the LDCF and the SCCF (through Trust Fund Administration Agreements)? Summary:  Neither the Governing Instrument of the Green Climate […]

The 2015 agreement under the ADP mandate will need to be “under the Convention”. The practical legal implications will inform the discussion on options. What does “under the Convention” mean and what are the options for bringing the 2015 agreement under the Convention, in particular if the output is an agreed outcome with legal …