Organization of legal experts meeting in preparation for the UNFCCC COP 21

Project: Research project

Project Details

Description

Organization of legal experts meeting in preparation for the UNFCCC COP 21 Proposal to convene legal experts meeting Description of work The legal experts meeting would be held in spring 2015 at a date and location to be determined. It would last a day and a half, and bring together a small group of lawyers involved in the negotiations (approximately 10-12 participants total). Issues for discussion could include: Legal instruments o What are the various types of legal instruments that could be adopted at the Paris COP? How do these differ, if at all, in terms of (1) mode of adoption; (2) expression of consent by states; (3) legal effects; and (4) application of six-month rule? o To the extent the six-month rule applies, what does it require? How close must the final draft be to the one circulated six-months before? o What are the different legal options for anchoring nationally-determined contributions in the Paris agreement? If NDCs are not finalized in Paris, which of these different options might require different methods for reflecting NDCs as they exist in Paris and NDCs as they are later finalized? o What are the legal implications, if any, of making the instrument containing parties NDCs an integral part of the Paris agreement? Relationship to UNFCCC o Which provisions of the UNFCCC apply by their terms to any related instrument? o What legal issues would be raised by using institutions established by the Convention and/or Kyoto Protocol (for example, the COP, subsidiary bodies, adaptation fund, etc.) for purposes of the new agreement? For example, could the new agreement add to the mandate of existing institutions, or would this require a decision by the relevant Convention/KP body? o How might the reporting and review system under the new agreement relate to the existing reporting and review system under the Convention? If a new system is established for reporting and review, what would happen to the existing system (BRs, IAR, ICA)? If the agreement makes use of the existing system, could it modify that system, or would modifications require a COP decision? What are the options for promoting implementation/compliance? What are the options for entry-into-force provisions? Although some of these issues have been discussed in the ADP, there has not yet been an opportunity for lawyers involved in the negotiations to discuss these issues in detail. The purpose of the experts meeting would be to explore these issues and to begin developing a stronger sense of community among the lawyers involved in the process. Subject to the permission of the participants, we would plan to write a short report about the meeting, summarizing the discussion and any conclusions reached. Timing of work The expert meeting would be held in March or April 2015. We hope to finalize the date and venue shortly after the Lima COP, after consulting with potential participants in Lima.
StatusFinished
Effective start/end date1/1/1512/31/15

Funding

  • OTHER: Foreign Government: $81,026.00

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