La Tour du Valat

Institut de recherche pour la conservation des zones humides méditerranéennes

Titre :	Ecosystem-Based Approach and Restoration or Compensation for Ecological Damage (2020)
Auteurs :	G. J. Martin, Auteur
Type de document :	Article
Dans :	Vie et Milieu - Life and Environment (70(3-4) 2020)
Article en page(s) :	113-119
Résumé :	The Law of August 8, 2016 for "the Recovery of biodiversity, nature and landscapes" introduced the principle of compensation for ecological damage into French civil liability law. The definition of ecological damage given by the Law refers to the work of the Millennium Ecosystem Assessment by distinguishing the ecosystem elements and their functions and services. The purpose of this article is to investigate whether the different ways of repairing ecological damage are in line with an ecosystem-based approach. For a very long time, legal doctrine has argued that reparation for ecological damage should be made "in kind". But restoration to return to the statu quo ante is not always possible and can sometimes prove dangerous for the ecosystems concerned. It appears that the most appropriate in-kind repair often consists simply in recreating the conditions that will allow new processes and new functions to be expressed. Where reparation in kind is impossible, to what extent are the various methods of assessment currently used by the courts compatible with an ecosystem-based approach? Finally, what are the recommendations that the scientific community can make to the judicial authorities to avoid mistakes being made on this point?

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