Lexis®Library update: The project will be run by a high-level panel brought together from private practice, the judiciary, government, arbitral institutions, academia and international organizations and will be co-chaired by Catherine Amirfar of Debevoise & Plimpton LLP and Annette Magnusson, co-founder of Climate Change Counsel.
Both the Paris Agreement and the UNFCCC provide for inter-State conciliation as the default dispute resolution mechanism absent a submission to the International Court of Justice or for arbitration. The aim of the new project is to create an effective dispute resolution procedure which can be adopted by the Member States. Conciliation as a form of dispute resolution is thought to offer several advantages including:
• an emphasis on amicable proceedings and collaboration which is more likely to lead to a better working relationship in the future
• consistent communication between the parties which is more likely to help build trust between them
• better suitability to regional, cultural and historical differences in dispute resolution
• better access to the technical expertise which may be required to the deal with problems arising under the Paris Agreement
It is hoped that a draft annex will be available in time to be included on the agenda for COP 28.
Source: ICCA Launches Panel of Experts to Develop a Paris Agreement Conciliation Annex
This content was first published by LNB News / Lexis®Library, a LexisNexis® company, on 27 February 2023 and is published with permission. Further information can be found at: www.lexisnexis.co.uk.