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