Earth observation data for environmental law compliance monitoring

Panellists from the research community, not-for profit and private sector reflected on the role of lawyers and legal practitioners in reforming environmental law. A key conclusion included the need of environmental law to start addressing modern challenges more holistically, while relying on available technologies and information.

“Environmental law does not see the earth. Instead it focusses on discreet, localised environmental problems and does not recognise the planetary context it needs to operate in,” noted Prof. Louis Kotzé, Research Professor at the Faculty of Law, North-West University.

Opportunities for utilising satellite data to observe and track global impacts of regional and local events is vast, the participants agreed - but this potential remains underexplored in the legal domain. Earth Observation not only provides frequent and timely data, it also enables reflections on the causes and effects by comparing past and present satellite imagery. Relying on this technology would help lawyers, legal practitioners, compliance officers and conservation professionals to increase their understanding of the interconnections between systems, while challenging them to rethink the normative aspects of how the environment is currently protected and how environmental law has been conceived up until now.

Satellites can provide amazing amounts of information and data as was illustrated by Prof. Sa’id Mosteshar, Director of the London Institute for Space Policy and Law, who gave an overview of the legal challenges related to the use of Earth Observation data as evidence in court proceedings. The legal system needs to be satisfied with what is displayed in satellite imagery as these need to be genuine and traceable, Prof. Mosteshar stressed. Integrating Earth Observation into the day-to-day routine of legal practitioners and preparation of legal cases, can over time increase trust.

One of the tools, which provides users with easy access to satellite data, including historic evidence at a global level, is the eLENS portal. As Kristin Meyer, Legal Officer at the IUCN Environmental Law Centre, underlined, “the potential applications of Earth Observation in the legal domain are extensive and more needs to be done to integrate such data into environmental law enforcement and compliance monitoring processes. enviroLENS provides non-EO experts like myself with the opportunity to understand the power of satellite data and start incorporating it into their work.”

Portals, such as eLENS, also empower lawyers, legal practitioners and others to take a more active role in obtaining viable information and evidence. This is particularly the case in the private legal sector, as explained by Alexander Schultmeyer of DLA Piper, who emphasised the benefits in terms of data management processes and the resulting economic paybacks applicable to in house legal departments of private companies, law firms and for clients of legal services.

Similarly, Global Forest Watch established by the World Resources Institute, provides decision makers and local communities with the information needed to take action against deforestation and illegal logging. Ruth Noguerón, Senior Associate at the World Resources Institute, explained how the automated alert system serves as an early warning tool and triggers action on the ground. Coupled with contextual data sets from users and a mobile app, Global Forest Watch supports law compliance by identifying areas undergoing change in near-real time, and allowing users to collect evidence in the field that can be used to support legal claims.

Going forward tools such as eLENS and Global Forest Watch will make it possible for lawyers and legal practitioners to become direct users of satellite data, supporting environmental law compliance and informing future decision-making. The webinar, however, only provided a first glimpse into this extensive area of work and the potential of Earth Observation. It is clear that a transformation of environmental law practice is needed to navigate these innovative technological developments and process such novel data.

Speakers

Moderator

Dr. Alejandro Iza, Head of the IUCN Environmental Law Programme

Introductory Remarks

Prof. Louis J. Kotzé, Research Professor of Law at North-West University

Presentations

• Evidence from Space: Overview of Legal Issues, Professor Sa'id Mosteshar, Director of the London Institute of Space Policy and Law

• enviroLENS: Increasing Access to Earth Observation Services for Environmental Law Enforcement and Compliance, Kristin Meyer, IUCN Environmental Law Centre and Alexander Schultmeyer, DLA Piper

• Information into Action: Experiences in Using Global Forest Watch Data and Tools to Support Compliance, Ruth Noguerón, World Resources Institute

The webinar was organised in the frame of enviroLENS, a Horizon 2020 research and innovation project funded by the European Union that aims to demonstrate and promote the use of Earth Observation as direct evidence for environmental law enforcement and compliance monitoring. By using European satellite capacities, such as those provided by Copernicus, enviroLENS responds to the demands of the environmental legal sector for ready-to-access evidence and scenario information on incidences and violations in the environmental domain. It addresses both the pro-active monitoring perspective to prevent damage to the environment, as well as the assessment of environmental violations for the enforcement of environmental law. Coordinated by GeoVille, the project combines the competence and expertise of Sinergise, the Aristotle University of Thessaloniki, the Artificial Intelligence Laboratory, IUCN and DLA Piper.

For more information, please contact: kristin.meyer@iucn.org