CEO Monthly Insight: Increasing Focus on the Role of Legal Pro in Protecting Biodiversity

A4ID’s Chief Executive, Yasmin Batliwala MBE, reflects:

• This month marks a year since a ground-breaking judgment delivered by The Hague District Court, as it ordered Royal Dutch Shell plc (parent company of the Shell group) to reduce its worldwide CO2 emissions by 45% by 2030. 
• 22 May marked International Day for Biological Diversity, the theme of which was “Building a Shared Future for all Life” 
• Yesterday World Environment Day took place, with this year’s campaign slogan chosen as #OnlyOneEarth 
• This Autumn, the 2022 UN Biodiversity Conference (COP15) will unite world leaders to agree on a new deal to protect nature 
• In November, COP27 will take place in Egypt with participating countries announcing steps taken to meet emission targets set a year previously 

Each of these activities have one thing in common: the calling for collective, transformative action on a global scale to celebrate, protect and restore our planet, highlighting the importance of collective environmental action. And above all, the legal community has a crucial role to play. 

The judgement delivered by The Hague in the case of Shell is a perfect example of why real change cannot be made without the support of the legal community, bringing the potential of climate change litigation to the forefront. It also clearly demonstrates the potential that legal professionals have to support on environmental issues and in protecting the planet and its inhabitants.   

The Shift in Focus on Biodiversity  

Indeed, there are a growing wave of lawsuits on the climate crisis - especially as climate change advocates become more prominent and urgent in their calls for action. Historically, collective action and advocacy work has always been focused on combating climate change. However, recent years have shown a greater understanding and awareness of the importance of protecting biodiversity, and its impact on wider climate change issues. Biodiversity issues – whilst intertwined with SDG 13 (Climate Action) - are all-encompassing and intrinsic than the targets of a single SDG. 

The cross-cutting theme of biodiversity intersects with a number of the UN’s Sustainable Development Goals (SDGs). SDGs 14 (Life on Water) and 15 (Life on Land) address the urgent need to protect all life across the planet. As well as related goals such as SDG 2 (Zero Hunger), which is specifically linked to biodiversity issues in the environment.  

The 2019 landmark Global Assessment Report by the Intergovernmental Platform on Biodiversity and Ecosystem Services reported one million animal and plant species are now threatened with extinction – the highest number in human history. There is a critical need for the law and lawyers to be aware of, and contribute towards, major drivers in tackling the biodiversity crisis, issues include: food consumption, pollution, energy, and mining. 

Building on this current momentum, mainstreaming biodiversity into national development plans would help to achieve many of the cross-cutting issues that permeate environmental justice concerns. After all, biodiversity cannot be addressed as a stand-alone issue but recognised in its linkages with human behaviour and global processes that only together can build a shared future for all life. 

The Law and Biodiversity 

At A4ID, we are keen to ensure that biodiversity is as much the focus as any of the other SDGs. Working alongside our network of law firm, corporate and NGO partners to, our brokerage service has led to the successful protection of biodiversity on many occasions; demonstrating how legal action can make a difference. For example, with the help of A4ID’s law firm partner, Shearman & Sterling LLP, we were able to broker support to the Sea User’s Association (an A4ID Development Partner). This project recently won a landmark case to protect Mauritius’ natural marine resources from unsustainable fishing practices. Similarly, the work of our law firm partner Orrick Herrington & Sutcliffe LLP supported a sustainable development project in Africa’s most biodiverse national park. 

The Role of the Legal Community 

This Autumn, the UN Biodiversity Conference will convene governments from around the world to agree a new set of goals for protecting nature. These goals will be mapped against the next decade, developed through the Convention on Biological Diversity post-2020 framework process. It promises an ambitious plan to implement broad-based action for bringing about a transformation in society’s relationship with biodiversity and ensuring that, by 2050, the shared vision of living in harmony with nature is fulfilled. The framework calls for almost a third of the world’s oceans and land to be protected by 2030. Implementing the framework will not only accelerate progress towards SDGs 13, 14 & 15, but also contribute to a wide range of other sustainability targets. Protecting the planet’s biodiversity is integral to humanity’s survival; it is essential for ensuring food security (SDG 2), protecting against global health crises (SDG 3) and reducing inequalities particularly in lower income countries (SDG 10). 

The legal community will undoubtedly play a critical role in supporting the implementation of the post-2020 global biodiversity framework. Lawyers have the knowledge and expertise to facilitate the development of national policies, regulatory models and legislation to ensure governments and corporations are accountable for their efforts when responding to the targets set out in the global roadmap. As we have seen in and amongst our own network, lawyers too, play a critical role through pro bono advice and assistance in expanding the biodiversity footprint of NGOs and social enterprises undertaking critical work to protect the world’s natural assets.  

What Action Can You Take? 

As part of its SDG Legal Initiative, A4ID is currently producing a Legal Guide to the Sustainable Development Goals, with each chapter focused on specific goals and targets. As well as providing a blueprint of the necessary legislative frameworks and indicators, the guides provide legal professionals with the knowledge and resources to work towards supporting the 2030 Agenda and taking collective action.  

 To understand how they can work to support biodiversity, lawyers should familiarise themselves with the targets of SDGs 13, 14 & 15 as well as the key actions they can take outlined in each of these chapters here.  

 There is a need to strengthen coherence, synergies and governance, legal frameworks and enforcement of the rule of law in order to protect biodiversity. Our laws are not only human-centric but recognise the rights of all life. Lawyers can act by providing guidance and advice, taking into account the biodiversity agenda, as well as strengthening cooperation between developing countries, corporations and their clients and environmental justice organisations to resolve issues of conflict and migration pressures on biodiversity; addressing human rights issues in relation to indigenous and local communities. 

Transformative and long-lasting change can only take place with the legal community onside.