ICCA Panel of Experts to Develop a Paris Agreement Conciliation Annex

The ICCA Panel of Experts to Develop a Paris Agreement Conciliation Annex convenes a high-level panel of experts to develop and promote a proposed draft conciliation annex for the Paris Climate Agreement under the United Nations Framework Convention on Climate Change (UNFCCC), with a view towards facilitating its adoption by UN Member States.

 

The project stems from the urgent need to ensure compliance with the Paris agreement by way of an effective dispute resolution procedure. Article 14 of the UNFCCC, which is adopted mutatis mutandis in Article 24 of the Paris Agreement, provides that, absent agreement among states to submit disputes to the International Court of Justice or arbitration, the default dispute resolution mechanism is inter-State conciliation. Only a handful of States have so far consented to submitting disputes to the International Court of Justice or arbitration, making conciliation the likely dispute resolution mechanism in any dispute under the Paris Agreement’s terms. Article 14 provides certain details on the conciliation process but leaves most procedures to be adopted in an annex on conciliation. 

 

The Panel of Experts’ mandate, with ICCA’s leadership and support, is to prepare a draft conciliation annex that clarifies important procedural questions, taking account of the objectives of the Paris Agreement, as well as the likely characteristics of disputes concerning climate change. The draft will be accompanied by commentary that could serve as useful guidance for states negotiating a conciliation annex. The Panel draws from arbitral institutions, academia, international organizations, and conciliation and climate disputes experts, all of whom have expertise in disputes (especially conciliation processes) in the specific context of climate change. The panel hopes to present its draft conciliation annex shortly before or at COP 28 in November 2023.

 

View the Paris Agreement

 

View the UNFCCC

Co-chairs of the Panel of Experts

Catherine and Annette