What are the legal obligations of developing country parties under the Paris Agreement? Advice: Under articles 2 and 4, the general objective of the Paris Agreement (“the Agreement”) is to limit the increase in the global average temperature to “well below 2 °C” and to pursue “efforts” to limit the increase to 1.5 °C. This is …

1)  Will a developing country be legally bound to comply with the mitigation contributions stated in its INDC? 2)   Can a developing country ‘back-slide’ from its mitigating contributions, upon reviewing its INDC, at a later date? Advice: 1)  Will a developing country be legally bound to comply with the mitigation contributions stated in its …

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 …

Could you please clarify the legal meaning of the terms “double counting”, “real, permanent, additional and verified” and “net decrease”, in the context of the UNFCCC and its market instruments, particularly the Framework of Various Approaches, New Market Mechanism and Non Market-based Approaches?  Advice:  The UNFCCC aims to stabilize “the …

Could you provide a broad overview of the constitutional structure governing the President’s ability to enter into and execute international agreements?  Could you then examine the proposed core elements of the new climate treaty/agreement/protocol – mitigation, adaptation, finance, technology development and transfer, and capacity-building …