Decision COP VI/11

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:

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;