Is the US argument that there is no legal basis in the Convention for a separate article on loss and damage correct? Would the inclusion of a separate article on loss and damage create liability of parties (for loss and damage from climate change)? Would an article on loss and damage in the new agreement […]

If language similar to that proposed by the US is included in the Paris Agreement in connection with Loss & Damage (and assuming the Agreement does not permit any reservations – see Article 24 of the Draft Agreement), could vulnerable countries limit the effect of such provision by making an interpretative declaration stating that acceptance …

How do you ensure permanence of the international mechanism on loss and damage? Background and Summary: There are many countries who state that their chief concern is to ensure the permanence of an international mechanism. They fear that, given its current mandate and scheduled review, the Warsaw International Mechanism could disappear after 2016. For …

The Co-Chairs of the Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP) have just issued a revised document. It contains sections on mitigation, adaptation, finance, technology transfer and capacity building. The new ‘Draft Agreement’ comprises 26 articles on 9 pages that cover all the areas under negotiations. However, many …

Does the mandate of other international fora, in particular the WTO, limit the competence of the UNFCCC to review and possibly decide on measures for the introducing of a global levy on carbon majors to pay for loss and damage from climate change? If so, to what extent? Advice: 1. Introduction The UNFCCC and the […]