ABSTRACT
The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety (Supplementary Protocol) is an international liability regime for environmental damage. When it enters into force, it will be a legally binding treaty providing for the legal consequences of causing damage, defined as ‘an adverse effect on the conservation and sustainable use of biological diversity’ (Article 2 (2) (b)). Biodiversity being a part of natural environment, the Supplementary Protocol is an international environmental liability regime of global applicability. As of 31 January 2014, it attracted 51 signatories and 21 ratifications, approvals and accessions, including the European Union (EU). 1 The 40 ratifications the Supplementary Protocol requires to enter into force (Article 18 (1)) is a challenge, but it is within sight.
