1. Environmental liability litigation could remedy biodiversity loss
- Author
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Taufiq P. Nugraha, Susan M. Cheyne, Stuart P. Sharp, Amir Sokolowki, Maribel Rodriguez, Carol Adaire Jones, Grahat Nagara, Isabella Dabrowski Pedrini, John Pendergrass, Sakshi Aravind, Jacob Phelps, Anna Mance, Umi Purnamasari, Rika Fajrini, Alexander C. Lees, Edward L. Webb, Roni Saputra, and Apollo - University of Cambridge Repository
- Subjects
0106 biological sciences ,QH1-199.5 ,bepress|Social and Behavioral Sciences|Geography|Nature and Society Relations ,SocArXiv|Social and Behavioral Sciences|Geography ,010603 evolutionary biology ,01 natural sciences ,compensation ,4802 Environmental and Resources Law ,civil law ,bepress|Social and Behavioral Sciences|Environmental Studies ,Ecology, Evolution, Behavior and Systematics ,Nature and Landscape Conservation ,Law and economics ,48 Law and Legal Studies ,SocArXiv|Law|Environmental Law ,Ecology ,010604 marine biology & hydrobiology ,Liability ,15 Life on Land ,Habitat conservation ,General. Including nature conservation, geographical distribution ,environmental governance ,SocArXiv|Arts and Humanities ,conservation litigation ,bepress|Social and Behavioral Sciences|Geography ,bepress|Law|Environmental Law ,Natural resource ,justice ,bepress|Law ,SocArXiv|Social and Behavioral Sciences|Environmental Studies ,Wildlife trade ,Lawsuit ,Harm ,Environmental governance ,Civil law (legal system) ,bepress|Social and Behavioral Sciences ,SocArXiv|Law ,4806 Private Law and Civil Obligations ,lawsuit ,SocArXiv|Social and Behavioral Sciences ,Business ,bepress|Arts and Humanities ,SocArXiv|Social and Behavioral Sciences|Geography|Nature and Society Relations - Abstract
Many countries allow lawsuits to hold responsible parties liable for the environmental harm they cause. Such litigation remains largely untested in most biodiversity hotspots and is rarely used in response to leading drivers of biodiversity loss, including illegal wildlife trade. Yet, liability litigation is a potentially ground-breaking conservation strategy to remedy harm to biodiversity by seeking legal remedies such as species rehabilitation, public apologies, habitat conservation and education, with the goal of making the injured parties ‘whole’. However, precedent cases, expert guidance, and experience to build such conservation lawsuits is nascent in most countries. We propose a simplified framework for developing conservation lawsuits across countries and conservation contexts. We explain liability litigation in terms of three dimensions: (1) defining the harm that occurred, (2) identifying appropriate remedies to that harm, and (3) understanding what remedies the law and courts will allow. We illustrate the framework via a hypothetical lawsuit against an illegal orangutan trader in Indonesia. We highlight that conservationists’ expertise is essential to characterizing harm and identifying remedies, and could more actively contribute to strategic, science-based litigation. This would identify priority contexts, target defendants responsible for egregious harm, propose novel and meaningful remedies, and build new transdisciplinary collaborations. © 2021 The Authors. Conservation Letters published by Wiley Periodicals LLC
- Published
- 2021