138 contracting parties have yet to agree on Article 42 (vote) of the draft internal regulation applied since 1996, with the exception of Article 42. In the absence of agreement, decisions are taken by mutual agreement. See draft internal regulation of the Conference of the Parties and its subsidiary bodies to the FCCC/CP/1996/2 (22 May 1996). Consensus was identified in Articles 15, paragraph 3, and 7, paragraph 2, point k), fccc and arts 13(5), 20, paragraph 3, and 21(4), to the Kyoto Protocol as a preferred method of decision-making. 45 decisions that “take notice” of such a disclosure document would not disturb the rights, interests and obligations of non-contracting parties and may therefore be admissible, but decisions to create rights and obligations, to the extent that they may be included in a COP decision, will be inadmissible to non-parties, unless there is express agreement from the third state. By derogation from Article 35, the Vienna Convention on Treaty Law (adopted on 23 May 1969, which came into force on 27 January 1980) came into force 8 ILM 679. 72 Cf.B. Letters from Brazil, January 29, 2010, China, January 28, 2010, India, January 30, 2010, and South Africa, January 29, 2010. 103 It is true that the verification procedures in place for national communications and greenhouse gas inventories in industrialized countries are stricter than those in place for developing countries.
However, much of the rigour comes from the requirements of the Kyoto Protocol and, in any event, this will not affect the need for comparable outcomes from similar processes under the Cancun agreements. 31 See z.B. Introducing the United States of America, Ideas and proposals to include the first paragraph of the Bali Action Plan, submissions from the parties, Supplement II, Part II, FCCC/AWGLCA/2008/MISC.5/Add.2 (Part II) (December 10, 2008) at 71 a.m. (underscoring that at least some developing countries (such as major emitters and emerging countries) should take the same measures as industrialized countries). 11 The list of countries linked to the Copenhagen agreement and listed in its annexes is available at unfccc.int/home/items/5262.php. The parties adopted the Cancun Adaptation Framework (CAF) as part of the Cancun Agreement at the 2010 Cancun Climate Change Conference (COP 16/CMP 6). In the agreements, the parties reaffirmed the need to address adjustment with the same priority as mitigation. 6 Decision 1/CP.13, Bali Action Plan, included in the report of the Conference of the Parties on the work of its thirteenth session, Add 2: Activities of the Conference of the Parties at its thirteenth session, FCCC/CP/2007/6/Add.1 (14 March 2008) (hereafter referred to as the Bali Action Plan).