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 […]

What are the legal implications of the Adaptation Fund becoming an Operational Entity under the Financial Mechanism of the Convention? Summary: Two different sets of legal implications would arise from accrediting the Adaptation Fund (AF) as an Operating Entity (OE) of the Financial Mechanism (FM) under UNFCCC Article 11. The first consequences are …

1. If the Adaptation Fund Board (currently a body under the Kyoto Protocol) was designated as an operating entity under the (Financial Mechanism of the) UNFCCC would this affect the legal personality conferred under German law (by an act of parliament)? 2. How and to what degree does the act of parliament conferring legal personality […]

What is the schedule approach used in WTO trade law to capture the differential treatment of parties? The UNFCCC uses the principle of common but differentiated responsibilities and annexes to equitably differentiate between parties to the Convention. However, there are also other approaches. These are not limited to the North-South (developed/developing …

How are non-party provisions used in international agreements? How have they been used and what are some examples? It is generally recognised that a treaty does not create either obligations or rights for a third State without its consent. An obligation arises for a third State from a provision of a treaty only if the […]