Does ‘taking note’ have the same legal status as ‘adoption‘ (as it was referred by a UN policy rep in session)?  “Adoption” and “taking note” cannot have the same legal status (otherwise, you would not go for the latter, having failed to achieve the former – Parties are not so ignorant that they …

What are the consequences for the process of the COP when the Chair of the COP calls to “suspend the COP” rather than”close the COP”? The draft Rules of Procedure for UNFCCC (the Rules were never formally adopted) specify at Rule 23 that the Chair has the power to suspend the COP.  Also, Rule 38 […]

1.Is it possible for countries to ratify a COP decision? If so, which countries have?  2.Did the Congress of the USA pass a bill or another legal act when ratifying the UNFCCC which declares that the USA cannot enter into substantial obligations by way of COP decision unless the Congress expresses its consent? 3. If […]

1. Would a COP15 bis be considered an ‘ordinary session’ or an ‘extraordinary session’? 2. Could a protocol be adopted at a COP15 bis? Within a COP and a COP bis scenario, is it possible to adopt COP decisions at the first session of the COP (ie Copenhagen) and then to adopt further COP decisions […]

1. A) How and when have successive treaties been used in international law, particularly in international environmental law? Why was a successor treaty chosen as an option over an amendment to the underlying agreement or a new agreement? B) What type of provision is needed (if any) to indicate that it is a successor treaty? Please include formulations …