While the ‘Global Pact for the Environment’ endorsed by France did not provide a compelling link between its approach and a particular environmental problem, United Nations General Assembly (UNGA) Resolution 72/277 sets out a linear methodological approach by asking a working group to consider whether there are possible ‘gaps’ in existing environmental law and policy and, if so, to discuss possible options for addressing them. This article discusses the concept of a ‘gap’, identifies several types of gaps that could be included in the UNGA work and points to possible ways in which such gaps may be filled. It illustrates how States could analyse gaps using four possible cases, including the domestic implementation of international commitments, climate change, substantive environmental rights and ocean plastics. Rather than jumping to pursue an overarching agreement including legally binding principles, the article argues that Resolution 72/277 offers States the opportunity to step back and methodically consider the most important missing pieces in international environmental law and policy, and the best manner and forum to address them.

International climate change negotiations have a long history of being contentious, and much has been written about the grand trade-offs that have allowed countries to reach agreement. Issues have often involved, for example, the level of ambition, differentiated treatment of Parties, and various forms of financial assistance to developing countries. Lesser known are the smaller, largely language-based tools negotiators have used to resolve differences, sometimes finding a solution as subtle as a shift in the placement of a comma. These tools have operated in different ways. Some, such as deliberate imprecision or postponement, have “resolved” an issue by sidestepping it and allowing Parties to preserve their positions. Other tools have enabled resolution by “splitting the difference” between opposing views. Still others have involved optical fixes, flexibility, or non-prejudice that helped one or more Parties go along with a particular outcome. This compendium of textual examples, presented in rough chronological order, is drawn from my personal involvement in international climate negotiations and is by no means exhaustive. The examples may be of interest to those who follow climate change in particular, as well as of potential use to those who work in other international fields.

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