No abstract

Ecological compensation (EC) is being explored as a policy instrument for the European Union's 'No Net Loss of Biodiversity and Ecosystem Services' initiative. EC is commonly associated with the Polluter-Pays Principle, but we propose the Developer-Pays Principle as a more appropriate principle. Safeguards that are relevant to local and national contexts are needed when addressing social-ecological resilience in the face of risks associated with EC. The operationalisation of EC in Sweden is assessed through two case studies, the E12 highway and Mertainen mine. The institutional design and implementation procedures are investigated through semi-structured interviews as well as an analysis of legal and other written documents. Using a multi-level governance framework, we examine four key disputed issues within compensation. Our results suggest that (i) Risk of a licenseto-trash can be minimised; (ii) Complementary quantitative and qualitative ecological valuation methods are needed to achieve additionality and No Net Loss; (iii) Compensation pools may be a promising strategy to secure land availability; and (iv) Social safeguards are vital for EC in highincome countries as well, where they are currently understudied. We conclude that EC cannot be the main instrument for nature conservation, but rather complementary to a strong legal framework that protects biodiversity and ecosystems in addition to the sustained and equitable benefits of ecosystem services.

Humanity is at a crossroads in addressing biodiversity loss. Several assessments have reported on the weak compliance with the Aichi Biodiversity Targets by the parties to the Convention on Biological Diversity (CBD). To address this lack of compliance, the challenges in implementing and enforcing CBD obligations must be understood. Key implementation challenges of the CBD are identified through a content analysis of policy documents, multi-stakeholder interviews, and participant observation at the recent CBD Conference of the Parties. Building on this analysis, the article explores the extent to which the review mechanisms of international human rights law, with their various strategies for eliciting compliance, can help to improve CBD mechanisms. The findings of this article reveal insights that the CBD can draw from international human rights law to address these compliance challenges, such as facilitating the participation of civil society organizations to provide specific input, and engaging independent biodiversity experts to assess implementation. The article concludes that insights from human rights review mechanisms are useful for improving the emerging peer review mechanism of the CBD, which is important for strengthening accountability within the post-2020 global biodiversity framework.