Status of negotiations. (a) Unless otherwise agreed in writing by the parties and subject to applicable Laws, other than the fact of occurrence, all aspects of negotiations for the purpose of clause 27.2 will be without prejudice and treated as confidential including:
(b) any settlement proposal made to, or considered by, a party;
(i) the willingness of a party to consider a settlement proposal;
(ii) any statement made by, or on behalf of, a party during the negotiations; and
(iii) any document prepared for the purposes of the negotiations.
(c) Nothing in clause 27.3(a):
(i) prevents a party from enforcing any signed settlement agreement made by the parties in relation to the dispute or difference;
(ii) prevents an agent or instrumentality of the Crown (that is a separate legal entity) from disclosing any matter to the Crown; or
(iii) prevents a Minister of the Crown from making a statement to Parliament or exercising any Right.
Status of negotiations. The status of the Aligned Parties’ negotiations relating to the Company’s prospective provision of 24 hour physician and nursing call center services outside of the Aligned Territory is summarized on Schedule 2.13. The Aligned Parties have disclosed to the party or parties with whom the Aligned Parties are negotiating on the Company’s behalf that the Sale of Shares is pending and would result in a change in control of the Company, and such party or parties have consented to or will consent to such change in control arising from the Sale of Shares.
Status of negotiations. Parties agreed at the COP17 in Durban (2011) that the 2015 Agreement should be “applicable to all Parties”. The preamble of the Durban decision also recognizes that “climate change [...] requires to be urgently addressed by all Parties, and […] that the global nature of climate change calls for the widest possible cooperation by all countries and their participation in an effective and appropriate international response”. The same phrasing is reflected in the Doha ADP decision (COP18), but not in the Warsaw decision on the ADP (COP19). However, Warsaw invites “all Parties to initiate or intensify domestic preparations for their intended nationally determined contributions”. In April 2014 the ADP Co-Chairs published a reflection note containing an annex titled “Landscape of issues identified by Parties”. While the listed issues do not reflect agreement between Parties, they give an indication or summary of ideas proposed by Parties. The annex sets out that the 2015 Agreement should “aim for and incentivize universal/broadest possible participation” (UNFCCC 2014a). From the above it seems that different phrasings are used to describe the desired level of participation: ‘universal’, ‘all countries’, or ‘broadest possible’.
Status of negotiations. It is the UNFCCC’s first guiding principle that “[t]he Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities” (Article 3.1 UNFCCC, emphasis added). The meaning and implications of the principles are, however, contested. When negotiating the Convention, developed countries and most prominently the USA were strongly opposed to including a set of principles but argued for referring to them in the preamble as the rationale for action taken in the framework of the Convention. Developing countries in contrast wanted to include them in the body text so as to guide the future implementation and development of commitments under the Convention (Xxxxxxxx et al. 2004).
Status of negotiations. None of the COP decisions concerning the ADP specifically mention ‘compliance’. However, transparency of action and support is one of the elements that the ADP is mandated to work on (UNFCCC 2011, Decision 1/CP.
Status of negotiations. In the ADP Co-Chairs’ Reflection notes of May 2013 it is suggested that the Parties should discuss issues such as “enhancing adaptation through the 2015 Agreement, including ways to strengthen existing institutions, arrangements and support” and “linkages with existing arrangements, including concrete ways on how the 2015 Agreement will be linked with existing institutions and how it will build on the technical and methodological foundations of the Convention and its Kyoto Protocol” (UNFCCC 2013). The ADP Co-Chairs’ also listed a “landscape of issues identified by Parties”, which also include proposals on institutional arrangements. Most of the more specific proposals refer to institutions for adaptation. It is probable that the discussion on appropriate institutional arrangements will be postponed until there is consensus among Parties on the substance of the 2015 Agreement.
