ABSTRACT
In 2011 it was agreed to launch a new ad hoc Working Group on the Durban Platform for Enhanced Action (ADP) with a mandate “to develop a protocol, another legal instrument or an agreed outcome with legal force under the Convention applicable to all Parties” was launched 1 . The new negotiating process, which began in May 2012, is scheduled to end in 2015. The outcome shall come into effect and be implemented from 2020 onwards. However, while the door is pushed open for the formal discussion on questions of legal form, the choice of form is far from settled. The formulation in the ADP decision from Durban is marked by constructive ambiguity and requires further interpretation.
