Location
Room 205
Start Date
2-7-2012 3:00 PM
End Date
2-7-2012 4:40 PM
Description
Ecological restoration is a well-recognized principle in environmental law. Restoration and rehabilitation have been included in the three Rio Conventions and/or subsequent COP decisions. Ecological restoration is a crucial step in nature conservation, as in most regions of the world species and habitats are in an unfavourable conservation status, and will need to be restored to a favourable level. Ecological restoration plays an important role in adaptation to climate change. Also, the economic benefits for ecological restoration have been demonstrated in international literature and major studies such as The Economics of Ecosystems and Biodiversity (TEEB) and have been stressed by organizations such as the International Society for Ecological Restoration (SER).
Recently a concrete global target of 15% restoration of degraded ecosystems by 2020 has been put forward (Target 15 of the Aichi Biodiversity Targets (Strategic plan 2010-2020 of the Biodiversity Convention). Also at the regional level this target has been set (Target 2 of the Biodiversity Strategy of the European Commission).
Several issues need to be resolved and concretized, both ecologically, but also legally, in order to realize these global and regional targets. Some pressing issues that arise include: the selection and prioritization of degraded ecosystems that should be restored; the inclusion in law of standards and safeguards for restoration; the relationship between restoration of biodiversity and restoration of ecosystem services; the need for legal instruments to restore nature outside protected areas; the possibilities or constraints for ecological restoration in ecosystems that are changed or degraded because of climate change. Because of the unfavourable conservation status of species and habitats worldwide, and the increased negative impact on ecosystems as a consequence of climate change, new concepts arise, such as ‘novel’ ecosystems, that differ in composition and/or function from present and past systems as consequence of changing species distributions and environmental alteration through climate change and land use change. Also, rather than conserving and restoring species and habitats into their original state and place, more flexible solutions are suggested, such as translocation or managed relocation of species (trans situ conservation). Is ‘traditional’ nature conservation law ready to cope with these more flexible solutions towards ecological restoration?
The international legal framework within the three Rio Conventions, as well as other global conventions, such as the Ramsar Convention, give us some ecological guidance, but very few legal guidance. The European legal framework on nature conservation and restoration provides more concrete legal solutions for these new challenges. An analysis of this legal framework and the relevant case law by the European Court of Justice gives some insight into the following issues: the legal obligation to set conservation/restoration goals in order to reach a favourable conservation status; the species and habitats for which restoration goals have to be made; the possibilities for restoration outside protected areas; the legal possibilities and constraints for species translocations; the possibilities and constraints for restoration of degraded ecosystems, due to natural developments or climate-changed induced developments.
Presentation
Included in
Is Environmental Law Ready for New Ecological Restoration Concepts?
Room 205
Ecological restoration is a well-recognized principle in environmental law. Restoration and rehabilitation have been included in the three Rio Conventions and/or subsequent COP decisions. Ecological restoration is a crucial step in nature conservation, as in most regions of the world species and habitats are in an unfavourable conservation status, and will need to be restored to a favourable level. Ecological restoration plays an important role in adaptation to climate change. Also, the economic benefits for ecological restoration have been demonstrated in international literature and major studies such as The Economics of Ecosystems and Biodiversity (TEEB) and have been stressed by organizations such as the International Society for Ecological Restoration (SER).
Recently a concrete global target of 15% restoration of degraded ecosystems by 2020 has been put forward (Target 15 of the Aichi Biodiversity Targets (Strategic plan 2010-2020 of the Biodiversity Convention). Also at the regional level this target has been set (Target 2 of the Biodiversity Strategy of the European Commission).
Several issues need to be resolved and concretized, both ecologically, but also legally, in order to realize these global and regional targets. Some pressing issues that arise include: the selection and prioritization of degraded ecosystems that should be restored; the inclusion in law of standards and safeguards for restoration; the relationship between restoration of biodiversity and restoration of ecosystem services; the need for legal instruments to restore nature outside protected areas; the possibilities or constraints for ecological restoration in ecosystems that are changed or degraded because of climate change. Because of the unfavourable conservation status of species and habitats worldwide, and the increased negative impact on ecosystems as a consequence of climate change, new concepts arise, such as ‘novel’ ecosystems, that differ in composition and/or function from present and past systems as consequence of changing species distributions and environmental alteration through climate change and land use change. Also, rather than conserving and restoring species and habitats into their original state and place, more flexible solutions are suggested, such as translocation or managed relocation of species (trans situ conservation). Is ‘traditional’ nature conservation law ready to cope with these more flexible solutions towards ecological restoration?
The international legal framework within the three Rio Conventions, as well as other global conventions, such as the Ramsar Convention, give us some ecological guidance, but very few legal guidance. The European legal framework on nature conservation and restoration provides more concrete legal solutions for these new challenges. An analysis of this legal framework and the relevant case law by the European Court of Justice gives some insight into the following issues: the legal obligation to set conservation/restoration goals in order to reach a favourable conservation status; the species and habitats for which restoration goals have to be made; the possibilities for restoration outside protected areas; the legal possibilities and constraints for species translocations; the possibilities and constraints for restoration of degraded ecosystems, due to natural developments or climate-changed induced developments.