The issue of liability and redress in the Convention’s context raises many questions, inter alia: is a liability and redress regime under the Convention appropriate at all? What is damage to biological diversity? How do you calculate adequate monetary compensation if the damage is irreversible and reinstatement impossible? What would restoration look like? Should there be a focus on state responsibility or state liability or both?
Paragraph 2 of
Article 14 of the Convention provides that: "
the Conference of the Parties shall examine, on the basis of studies to be carried out, the issue of liability and redress, including restoration and compensation, for damage to biological diversity, except where such liability is a purely internal matter." By this, the Convention gives little guidance, but leaves the issue to be decided at a later stage.
However, the Convention’s work on liability and redress is continuously progressing and Parties are collectively advancing in their examination of the issue. For detailed information see
Introduction and
Progress of Work under the CBD.
