Design Options for Article 13 of the Framework Convention on Climate Change: Lessons from the GATT Dispute Panel System

Article 13 of the Framework Convention on Climate Change(FCCC)(UN,1992) permits the establishment of a Multilateral Consultative Process for the resolution of questions regarding implementation of the Convention. The process for resolving the disputes, challenges, and complications that will arise during and from implementation of the Convention have been addressed throughout the Convention's negotiations, but agreement of the need for, and the exact form of, a Multilateral Consultative Process has been elusive. Implementation remains a serious challenge to the overall effectiveness of the Convention: although the Convention has initiated broad and in-depth reviews of national implementation, there is still a need for a system that can respond to particular questions about implementation. The essay examines possible elements of an Article 13 Process and suggests answers to important design questions that will arise during its creation and maintenance. It traces the consequences of different design choices for the operation of the Process- for example, the role "standing" rules play in shaping participation in the Process, and the roles expert support staff and decision-making timetables play in improving its effectiveness. The essay also examines potential relationships between an Article 13 Process and the other procedures and bodies established under the Convention. The intended audience is primarily the legal and technical experts who will be responsible for suggesting the initial design of the Article 13 Process, as well as a wider group of scholars and practitioners who are generally interested in the options for designing effective international procedures for reviewing implementation of the Convention.