Law and Biodiversity: Fulfilment of Obligations under International Law, Strategic Planning, and Litigation

On 28 April 2026, the International and Comparative Law Research Center (ICLRC) held a round table “Law and Biodiversity: Fulfilment of Obligations under International Law, Strategic Planning, and Litigation”.

The event was dedicated to international and domestic legal, judicial and practical means of conserving biological diversity, as well as to the participation of State and private actors in these efforts.

The round table brought together specialists on issues of conservation of species and ecosystems from law and economics areas:

• Alexander Shestakov, Chief Expert, Ecology Division, Lomonosov Moscow State University Marine Research Center, independent expert in biodiversity

• Olga Krever, Deputy Director, Roszapovedtsentr of the Ministry of Natural Resources and Environment of the Russian Federation

• Svetlana Sheinfeld, Director, Operation Risk and Sustainability, Kept

• Sergey Rybakov, Director General, Nature and People Foundation

• Anzhela Shmakova, Associate Researcher in Public International Law at Climate and Environment, ICLRC

Sofia Sarenkova, Head of Public International Law, ICLRC, moderated the round table.

Opening the discussion, Alexander Shestakov drew attention to the extensiveness of treaty regulation in the field of biodiversity conservation. Noting that the term ‘biodiversity’ covers species and ecosystems — elements that enjoy their own legal protection — he outlined the main provisions and principles of international treaties protecting them. Alexander also spoke about the Kunming-Montreal Global Biodiversity Framework under the Convention on Biological Diversity (CBD), its targets, and how the updated National Biodiversity Conservation Strategy to 2036 embraces those targets.

Endorsing the topic of reporting on national efforts, Olga Krever spoke about the preparation of the Russian Federation’s seventh national report to the CBD submitted to the Secretariat in February 2026. Her presentation clearly showed how global targets are translated into national objectives and what specific measures are being implemented to achieve them. She explained how progress-tracking indicators operate and which of them present difficulties for Russian public authorities during collecting and reporting processes.

Responding to questions from the audience, the speakers noted that biodiversity conservation measures involve not only State authorities’ engagement, but also one of the private actors, including citizens. Due care for natural components and a responsible attitude towards them contribute to the implementation of both national plans and global targets.

Sergey Rybakov devoted his presentation to opportunities for businesses and non-profit organisations to participate in biodiversity conservation. In addition to on-the-ground work and financing of projects, the private sector also actively participates in inter-State cooperation processes by presenting national achievements, projects and initiatives at conferences of the parties to various agreements, including the CBD. The expert also noted that they can contribute to the development of regulation in the field of biodiversity conservation and sustainable use of natural resources, especially where these issues are linked to economic and corporate issues. Finally, referring to Olga Krever’s presentation, Sergey Rybakov observed that some of the information needed for reporting to the CBD Secretariat is provided by the private sector. He drew attention to the fact that conferences of the parties to all three Rio Conventions will be held in 2026, which will require active and coordinated work by all stakeholders: both State agencies and private-sector representatives.                                                                              

The discussion concluded with a presentation by Anzhela Shmakova on judicial protection of biodiversity. In her view, disputes concerning the protection of species and ecosystems at the national level are developing in a fragmented and narrowly focused manner, addressing biodiversity only as a secondary, supplementary issue. However, with the development of an ecocentric approach, there is an emerging trend of courts establishing the interdependence between the effective realisation of human rights and a favourable condition of biodiversity, and sometimes even recognize nature and its components as subjects of rights. In the practice of international courts, biodiversity issues have also been addressed indirectly. Anzhela noted that this development of judicial proceedings is neither problematic nor defective and, so far, has been quite consistent with the aim of providing adequate protection for biodiversity. At the same time, she discussed new disputes that may change the approach to challenging actions in the field of species and ecosystem conservation. These included BUND’s constitutional complaint in Germany and the inter-State arbitration initiated by Azerbaijan against Armenia under the Bern Convention on the Conservation of European Wildlife and Natural Habitats.

Summing up the discussion, Sofia Sarenkova noted that the active dialogue between the speakers and audience demonstrated the need to continue this engagement between the academic community and practitioners. It is important for strengthening the legal regime for the conservation of biological diversity and for intensifying practical action on the ground. The difficulties identified in implementing international legal obligations and national plans require enhanced attention in order to foster constructive cooperation in overcoming them.

*Svetlana Sheinfeld’s presentation is devoted to flows of ecosystem services and their regulation in the Russian legal system. It identifies areas for improvement in incorporating biodiversity and ecosystem services into the regulatory framework, both at the federal and regional levels. In her presentation, Svetlana Sheinfeld also discusses a new project by the ESG Alliance and Kept: the Classification of Corporate Biodiversity Projects. This is a multi-level structure comprising 9 classes, 32 groups and 120 types of corporate projects, covering both universal and sector-specific project types applicable in the extractive industries, energy, construction, agriculture, transport, finance and other sectors of the economy. The Classification makes it possible to correlate project types with categories of NbS (Nature-based Solutions, understood as nature-based solutions in accordance with the IUCN Global Standard), as well as with ecosystem services on the basis of international standards and guidelines. It distinguishes provisioning, regulating, supporting and cultural ecosystem services, which makes it possible to assess projects’ contribution to the resilience of natural systems and to the socio-economic development of regions.

Individual classes of the Classification provide further detail on corporate governance, research and development, and the conservation and restoration of biological species, ecosystems and natural areas. The document covers both management and educational initiatives and practical conservation measures, including habitat restoration, protection of rare species and the development of specially protected natural areas.

The Classification may be used by companies for strategic planning, assessing project performance, preparing non-financial reporting and engaging with investors and regulators. It establishes a common conceptual and methodological framework that enhances the transparency and comparability of corporate initiatives in the field of biodiversity and ecosystem services.