Can you provide clarification on the legal status, legal strength (in terms of bindingness) and implications thereof of three different instruments: COP decisions, legally binding treaties and unilateral declarations? Treaties, COP decisions and unilateral decisions can all be legally binding under international law. Whether or not they are in a particular …

What are the legal implications of the words “takes note of…” in the Copenhagen Accord? The Accord itself is a non-legally binding agreement. As between the parties that agreed it (or subsequently associated themselves with it), it is likely, if anything, to be politically binding. This means that political consequences could flow from its …

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 […]