How does the monetary benefit-sharing mechanism under the International Treaty on Plant Genetic Resources for Food and Agriculture work ? This is provided as a precedent for a mechanism giving rebates to certain countries for revenues that have been collected internationally, and show the feasibility of introducing compensatory rebates to developing …

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. Can the Kyoto Protocol Adaptation Fund Board become the Board to manage a future fund under the Convention as well? Are there any legal barriers under international law to do this? 2. As the US has not ratified the Protocol would this be an obstacle? 3. Are there other options? 1. Use of the […]

1. What does it mean for a financial institution to be “under the authority of” and/or “under the guidance of” the COP? 2. Other than explicitly stating ‘under the authority of’, what are the options for attributing authority to the COP over the financial mechanism a) where the mechanism is a new multilateral fund’ and […]

How would the legal text look like to ensure that finance commitments by developed countries to support mitigation and adaptation in developing countries  are additional to resources developed countries provide to meet their existing Overseas Development Assistance commitments (to provide 0.7% of their GNI as aid)?  Are there precedents that can be …