Bioval - a practical tool to calculate compensations for damage to wildlife

Desair, J. (Spreker op uitnodiging), Jacobs, S. (Spreker op uitnodiging)

Activiteit: Types gesprekken of presentatiesLezing en mondelinge bijdrage

Beschrijving

Restoring damaged nature is a moral obligation which is embedded in legal regulations. In the case ecological damage is deliberately and illegally inflicted by a perpetrator or is caused in the context permitted activities, such damage can be brought to court. Ruling such cases is far from straightforward: is primary remediation possible, at what temporal and spatial scale are compensatory and complementary remediation regarded, etc. Often, part of the damage is irreparable or remedial measures unfeasible. In such cases, monetary compensation can be sought. This evokes questions on who should be compensated and how, and how can an amount be determined. Here we present a research process in which judges, legal experts and ecologists sought to overcome the conceptual, scientific and pragmatic barriers of developing a practical instrument which provides such robust numbers, based on a transparent and adaptable calculation for vertebrate species. We present an indicative list of amounts which can be used in court hearings and rulings, which are often presided by judges who can’t be expected to have (or call for) the expertise needed, nor are resources present to conduct complex case-by-case analyses. Much like the indicative list for loss of lives and limbs, judges can use these amounts as a basis for their rulings on compensation for ecological damage. We discuss the strengths and weaknesses compared to existing calculations, and propose ways forward for further applied research as well as recommendations for application.
Periode28-sep-2023
Mate van erkenningInternationaal