Legal options to avoid a gap and legal implications of a possible gap

Briefing paper

Year produced: 2010

During the negotiating session in Bonn in June 2010, the AWG-KP requested the Secretariat’s legal service to prepare a paper on how to avoid a gap between the first and second commitment periods and to identify the legal consequences of any such gap.

The formal request is as follows: “In the context of decision 1/CMP.1 [i.e. to ensure no gap], the AWG-KP requested the secretariat to prepare, for consideration by the AWG-KP at its thirteenth session, a paper that:

(a) Identifies and explores all the legal options available, including proposals by Parties, inter alia as contained in document FCCC/KP/AWG/2010/6/Add.1, aiming at ensuring that there is no gap between the first and subsequent commitment periods; and

(b) Identifies the legal consequences and implications of a possible gap between the first and subsequent commitment periods.”

This briefing note examines these questions, from a legal perspective, before submission or publication of the paper of the Secretariat.