In this briefing paper we review and define the verbs used at the beginning of paragraphs in COP decisions in both: a. the preambular text; and b. the operative text. Where appropriate, we will discuss how the verbs relate to others in respect of their relevant strength and give examples of how they have been […]

The form of outcome of the work of the AWG-LCA at COP16 in Cancun is yet to be decided by the parties. The potential options that parties are considering include the conclusion of a new treaty or protocol, a series of COP decisions in respect of each of the AWG-LCA contact groups and a COP […]

We have received a number of queries seeking guidance on how to create legally binding obligations in the international context. In particular, there is concern as to whether or not any new, stand alone agreement to reduce greenhouse gas emissions by a specified amount, by a specified period will be binding under international law or […]

1. Does the constitution or any other law restrict the United States from contributing to a fund that is under the authority of the COP? 2. If the constitution or another law restricts the United States from contributing, are there any countervailing arguments that the country can contribute? 3. If there are no limitations, please […]

…