Legal Adjudication and Ecosystem Services

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Legal Adjudication and Ecosystem Services Prof Colin T Reid c.t.reid@dundee.ac.uk Dr Alistair Rieu-Clarke a.rieuclarke@dundee.ac.uk Prof Chris Spray c.j.Spray@dundee.ac.uk


Ecosystem Services and the Law    

Considerable scientific and policy work done on identifying and valuing ecosystem services How far can/should this be translated into operational legal or regulatory contexts? What are the challenges and opportunities in doing this? One-day workshop to assist in developing an agenda for future research and collaboration on this issue


Provisioning services: Market driven - food, fibres, wood, water, energy - typically what we have valued - other services increasingly ignored, undervalued and at risk = imbalance in prioritisation and planning.


Regulating services: flood regulation – non market services • Part of natural variation of hydrological processes, allowing water to flow over banks and inundate adjacent lands • Plays a key role in determining the level of biological productivity and diversity of rivers and their flood plains • Can be devastating and destructive to life and property


Cultural Services: Recreation, Tourism, Education, Spiritual non market and existence values

Tweed salmon: ÂŁ18 million and > 500 jobs


Why does this matter to us? - habitats, ecosystems, services and well being

2005

Millennium Ecosystem Assessment


Transboundary Waters 

Trans-boundary water disputes  River

basins and aquifers

Principles of: 

ecologically sound and rational water management  use in a reasonable and equitable way  conservation and, where necessary, restoration of ecosystems


International Court Practice Judges have rarely spoken of ecosystem services ď Ž But in practice such issues are important factors in their assessment of the impacts of different activities and plans ď Ž How can this be enhanced and used to provide a more structured approach to dispute resolution? ď Ž


Environmental Liability 

Currently liable for damage only if commercial interests are affected  Not

seen as “harm” if only impact is on biodiversity or non-commercial services  No legally recognized loss if suffer reduced pollination because local bees poisoned


Approaches to Liability 

Recognise ecosystem harm within existing structures  Analogy

of psychiatric injury coming to be recognised as well as direct physical injury

Design liability regimes that expressly include ecosystem damage  EU

Environmental Liability Directive

Emphasise remedial action, not financial compensation


Challenges Robustness of identification of ecosystem services  Difficulties of showing direct cause and effect in complex natural systems  Valuation issues  Getting courts to accept new ways of thinking 


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