The Nature Restoration Law as an Example of Implementation of the Ecosystem Approach in Environmental Law of the European Union

Abstract

The relevance of the research topic is due to the adoption of the EU Nature Restoration Law, which is recognised as one of the most ambitious legal acts of the European Union in the field of environmental protection in general and biodiversity in particular. The uniqueness of this Law lies in the fact that it is based on the ecosystem approach – a strategy for integrated management of natural resources based on the concept of an ecological system. The purpose of the study is to analyse the provisions of the EU Nature Restoration Law, the process of its adoption, the prospects for its implementation and the likely impact on the further development of national environmental legislation. To achieve this goal, the author uses a range of methods of scientific cognition, namely: dialectical, formal and legal, methods of analysis and synthesis, in particular, logical analysis, prognostic, etc. The article provides a general description of the ecosystem approach, outlines the main provisions of the EU Biodiversity Strategy, which is the basis for the EU Nature Restoration Law, and analyses its objectives, provisions, specific features of its development and adoption, as well as the prospects for implementation into Ukrainian environmental legislation. Based on the study, it is established that this Law contains a number of obligations to restore terrestrial, coastal, freshwater, marine, forest, agricultural and other ecosystems in the context of restoring all nature in the European Union. At the same time, it is proved that the practical implementation of the enshrined obligations requires clear coordination and significant efforts on the part of the EU Member States, otherwise this Law, despite its extreme importance and progressiveness, may remain only a ‘declarative agreement of intent’. The author also concludes that Ukraine, being on the path to European integration, should take into account the provisions of the Law in order to form an appropriate legal framework, but only with the mandatory and consistent implementation of the ecosystem approach in national environmental legislation.