ICCA Panel of Experts to Develop a Paris Agreement Conciliation Annex

The high-level Panel brings together experts drawn from private practice, the judiciary, government, arbitral institutions, academia and international organizations, all of whom have expertise in disputes (especially conciliation processes) in the specific context of climate change.

The project stems from the urgent need to establish an effective dispute resolution procedure under the Paris Agreement. 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 Member States have so far consented to submitting disputes to the International Court of Justice or arbitration, making conciliation the likely dispute resolution mechanism in a 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. 

After months of drafting and stakeholder consultations, and with ICCA’s leadership and support, the ICCA Panel of Experts finalized a draft of the Paris Agreement Conciliation Annex in September 2023.  The draft consists of articles setting out proposed procedures for disputes submitted to conciliation along with commentary explaining the basis for the text and the relevant considerations for each issue presented.  The Draft Annex and Commentaries, which draw upon the rich body of practice and precedent in this area, reinforce features of effective conciliation mechanisms while providing opportunities for the disputing parties to determine the appropriate scope, procedure, and result best tailored to their dispute.

• Laurence Boisson de Chazournes: Professor of International Law, University of Geneva School of Law and Co-Director, Geneva Center for International Dispute Settlement (CIDS);
• Martin Doe Rodriguez: Deputy Secretary General, Permanent Court of Arbitration in The Hague;
• Toby Fisher: Barrister, Matrix Chambers in London;
• Zack Hsu: Legal Advisor, Tuvalu Mission to the United Nations;
• Andrés Jana: Vice President, International Court of Arbitration at the International Chamber of Commerce and Founding Partner, Alvarez Hinzpeter Jana Abogados;
• Justice Ambeng Kandakasi: Honourable Deputy Chief Justice, The National and Supreme Court of Papua New Guinea;
• Merryl Lawry-White: Associate, Debevoise & Plimpton LLP;
• Judith Levine: Independent Arbitrator, Levine Arbitration;
• Makane Moïse Mbengue: Professor of International Law, University of Geneva and President, African Society of International Law;

• Natalie Morris-Sharma: Deputy Senior State Counsel, Singapore Attorney-General’s Chambers;

• Wendy Miles KC: Barrister, Twenty Essex; 
• Frauke Nitschke: Team Leader & Legal Counsel, ICSID;
• Phoebe Okowa: Professor of Public International Law, Queen Mary University of London, Member of the UN International Law Commission;
• Justice Brian John Preston: Chief Judge, Land and Environment Court in New South Wales;
• Nicola Swan: Partner, Chapman Tripp;
• Peter Taksøe-Jensen: Ambassador, Royal Danish Embassy in Tokyo;
• Dai Tamada: Professor of International Law, Graduate School of Law, Kyoto University;
• Jean-Marc Thouvenin: Secretary-General, The Hague Academy of International Law and Professor agrégé, Université Paris Ouest Nanterre-La Défense

Rapporteurs

• Rhianna Hoover: Associate, Debevoise & Plimpton LLP;
• Evelin Caro Gutierrez: Associate, Debevoise & Plimpton LLP;

• Christel Tham: Associate, Debevoise & Plimpton LLP