Liability and redress (Article 14, paragraph 2)

The Conference of the Parties,

Recalling decision V/18 adopted at its fifth meeting,

Taking note of the recommendations of the Workshop on Liability and Redress in the Context of the Convention on Biological Diversity, held in Paris from 18 to 20 June 2001⁽²³⁾,

Recognizing the central importance of capacity-building and cooperation measures under the Convention to strengthen capacities at the national level with regard to measures for the prevention of damage to biological diversity, the establishment and implementation of national legislative regimes, policy and administrative measures on liability and redress, including through the elaboration of guidelines,

1. Requests the Executive Secretary to convene a group of legal and technical experts composed of government-nominated experts based on a fair and equitable geographical representation and including observers from relevant international organizations, including non-governmental organizations and convention secretariats, and with the mandate to review information gathered in accordance with paragraph 2 below, and conduct further analysis of pertinent issues relating to liability and redress in the context of paragraph 2 of Article 14 of the Convention, and in particular:
   1. Clarifying basic concepts and developing definitions relevant to paragraph 2 of Article 14 (such as the concept of damage to biological diversity, its valuation, classification, and its relationship with environmental damage, the meaning of "purely internal matter");
   2. Proposing the possible introduction of elements, as appropriate, to address specifically liability and redress relating to damage to biological diversity into existing liability and redress regimes;
   3. Examining the appropriateness of a liability and redress regime under the Convention on Biological Diversity, as well as exploring issues relating to restoration and compensation;
   4. Analysing activities and situations that contribute to damage to biological diversity, including situations of potential concern; and
   5. Considering preventive measures on the basis of the responsibility recognized under Article 3 of the Convention.

The legal and technical expert group shall report to the seventh meeting of the Conference of the Parties;

2. Requests the Executive Secretary to continue collecting relevant information and to conduct analysis of such information and other relevant issues, with the cooperation of Parties, Governments and relevant organizations, and to make such information and analysis available prior to convening the group of legal and technical experts. Such information-gathering should focus, as appropriate, on: updating the documentation on sectoral international and regional legal instruments dealing with activities which may cause damage to biological diversity (oil, chemicals, hazardous wastes, wildlife conventions, etc.), as well as developments in private international law; national legal and policy frameworks allowing for mutual recognition and enforcement of judgments, access to justice, liability and redress (restitution, restoration and compensation), extra-judicial settlements, contractual agreements, etc; and case-studies pertaining to transboundary damage to biological diversity including but not limited to case law. Further analysis to be undertaken should relate to the coverage of existing international regimes regarding damage to biological diversity; activities/situations causing damage, including situations of potential concern and whether they can be effectively addressed by means of a liability and redress regime; and concepts and definitions relevant to paragraph 2 of Article 14;
3. Urges Parties, Governments and relevant international organizations to cooperate with a view to strengthening capacities at the national level with regard to measures for the prevention of damage to biological diversity, establishment and implementation of national legislative regimes, and policy and administrative measures on liability and redress, and to provide financial resources for this purpose.