Ecological Restoration as a Legal Duty in the Anthropocene

Abstract

Ecological restoration provides an important way to address the ongoing biodiversity crisis and other exceedance of safe planetary boundaries. However, the Anthropocene poses challenges for ecological restoration, such as determining the (historical) reference system. In light of these challenges, some have proposed concepts such as novel ecosystems. This concept however lacks clarity and seems superfluous. It could also be abused to undermine restoration commitments. The Anthropocene also makes restoration more challenging from a legal perspective. Although there is a legal duty to restore in international law, restoration commitments have not been reached. The international legal framework lacks concrete definitions and guidance for ecological restoration. In order to fulfill their duty to restore, states are obliged to take sufficient measures to attain a high level of restoration. Possible ways to advance ecological restoration in the Anthropocene could include new legislation and principles and standards for restoration. Also, bolder steps are necessary, such as a substantial increase in the protection and restoration of nature towards half of the planet.