The Executive Board of the clean development mechanism (CDM), in its report to the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol (COP/MOP), at its first session, expressed concern about the absence of privileges and immunities for its members and the impact this may have on the functioning of the CDM. The Board has noted that its activities and decisions may affect third parties, who may resort to legal action in national courts for redress. The
Board has requested the COP/MOP to consider what steps to take to find a solution. This document highlights some of the potential risks of legal action that members, alternates and experts of constituted bodies face when discharging their functions under the Kyoto Protocol. It reviews privileges and immunities in the context of the United Nations and the climate change process, and outlines a number of options for consideration by the COP/MOP in its determination of whether and how members, alternates and experts of constituted bodies should be provided with the necessary privileges and immunities to carry out their functions under the Kyoto Protocol, and what process should be put in place to settle disputes brought by third parties