Biodiversity law is the branch of law that “aims to regulate the use, management, conservation and fair and equitable distribution of the benefits arising from the use of the components of biodiversity and ecosystems, with the aim of helping to meet the needs and aspirations of generations present and future ».
The international convention on biodiversity
The International Convention on Biological Diversity Biodiversity is protected at the international level by the Convention on Biological Diversity (CBD), the international legal instrument for “the conservation of biological diversity, the sustainable use of its components and the fair and equitable benefits arising from the utilization of genetic resources”
The CBD is just one of many international conventions that govern biodiversity
Biodiversity is protected at the national level by a diversified legislative and regulatory framework. Some countries have enshrined the protection of biodiversity in their constitution.
Other countries have a strong environmental protection framework.
In the UK, biodiversity protections are embedded in a range of legal instruments, including the Environment Act 2021 and the regulations that will make its provisions enforceable, the Natural Environment and Communities Act 2006 Rural Areas, the National Planning Policy Framework (NPPF), the Conservation of Habitats and Species Regulations 2010, and the Wildlife and Countryside Act 1981 (as amended).
Biodiversity risk and compliance on the near horizon
There are four major developments that should quickly change the dial on the materiality of biodiversity risk for businesses:
European Union Corporate Due Diligence Act
- Nature-related financial disclosures and “mainstreaming biodiversity”
- Technological advances in remote sensing and traceability
The regulatory and compliance burden in this space is expected to increase rapidly.