A “Paris Moment” for Biodiversity? Biodiversity and Climate Action After the Montreal Agreement

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David Boyd and César Rodríguez-Garavito examine the Montreal biodiversity agreement’s implications for human rights, litigation, Indigenous-led conservation, and financing—and why protecting biodiversity requires confronting overconsumption and inequality alongside climate change.
Credit: Kristaps Ungurs

In December 2022, governments from around the world met in Montreal to flesh out the details of a global biodiversity framework that would govern efforts to reign in biodiversity loss so steep that some have referred to it as “biological annihilation.” 

In this CLX conversation, David Boyd, then UN Special Rapporteur on human rights and the environment, joins César Rodríguez-Garavito to examine whether the agreement could become a turning point comparable to the Paris Agreement—and what practitioners can do to translate its ambitions into action. 

Boyd identifies the framework’s explicit human rights approach as a significant advance. Its recognition of Indigenous peoples’ and local communities’ rights, gender equality, and the right to a clean, healthy, and sustainable environment creates standards for evaluating how conservation is pursued. The discussion examines the implications for the commitment to conserve at least 30 percent of terrestrial and inland water areas, and coastal and marine areas, by 2030. Achieving this target requires attention to equitable governance, community participation, and respect for traditional territories.

The conversation also explores what biodiversity advocates can learn from human rights-based climate litigation. Boyd highlights the combination of authoritative scientific assessments, human rights obligations, and measurable government commitments as a promising foundation for accountability. Audience questions extend the discussion to Indigenous territorial rights, safeguards for conservation finance, corporate responsibility, and the relationship between environmental human rights and rights of nature.

Throughout the webinar, Boyd and Rodríguez-Garavito connect legal strategies with the economic and social drivers of ecological destruction. They examine why an energy transition must be accompanied by changes in material consumption, resource extraction, and inequality. The discussion offers practitioners a way to consider biodiversity loss, climate change, and pollution together while asking who bears the costs of conservation and who should shape its implementation.

Highlights

Boyd points to the combination of explicit human rights language and measurable commitments on conservation, restoration, and harmful subsidies. Together, these provide a stronger basis for mobilizing action and scrutinizing government performance. The decisive question is implementation: whether communities, advocates, researchers, and courts can turn the framework’s ambitions into changes in policy and practice. (Relevant discussion: 08:08)

Boyd highlights how climate litigators have combined authoritative IPCC assessments with human rights arguments to challenge inadequate government action. Biodiversity advocates can draw on IPBES assessments and existing rights protections in similar ways. The speakers also identify a potentially useful difference: some biodiversity harms have direct, localized connections to particular activities and communities, allowing litigators to document impacts and causation more readily. (Relevant discussion: 14:08)

Boyd warns against conservation models that displace people from their territories or exclude them from decisions. He emphasizes Indigenous-led conservation, respect for territorial rights, and meaningful participation by local communities, including pastoralists and peasants. The framework’s Target 3 calls for equitable governance and respect for Indigenous peoples’ and local communities’ rights, making the quality of conservation governance central to implementation. (Relevant discussion: 11:33 and 28:45)

Boyd argues that they can reinforce one another. Drawing on the Inter-American Court of Human Rights’ Advisory Opinion OC-23/17, he explains how the right to a healthy environment can encompass protection of ecosystems for their intrinsic importance. This supports an approach that connects human well-being with the protection of forests, rivers, and other elements of nature, including species without an obvious direct benefit to people. (Relevant discussion: 31:20)

Boyd argues that renewable energy alone cannot resolve the pressures created by resource extraction and excessive material consumption. He discusses “contraction and convergence”: reducing resource demands among affluent populations while improving living conditions for people experiencing poverty. He connects this challenge with circular economy approaches and the Sustainable Development Goals, emphasizing the need to pursue ecological protection and greater equality together. (Relevant discussion: 24:37)

Boyd calls for clear conditions to prevent public and philanthropic funding from supporting conservation activities likely to cause human rights violations. Funding should support rights-respecting governance and create incentives to improve community protections. The framework’s financial ambitions—including mobilizing at least $200 billion annually and reducing harmful incentives by at least $500 billion annually by 2030—make these safeguards particularly consequential. (Relevant discussion: 38:49)

Boyd identifies potential for innovative cases addressing corporate contributions to biodiversity loss, including through agriculture and forestry. He presents this as an emerging area requiring legal creativity, with uncertain prospects of immediate success. The discussion also raises a related research question: whether scientists and lawyers can trace the effects of consumption in wealthy countries to biodiversity harms elsewhere and develop accountability arguments around those connections. (Relevant discussion: 47:14 and 53:48)

The webinar is useful for environmental and human rights litigators, researchers, conservation practitioners, funders, community advocates, and students. It offers concrete questions for assessing conservation initiatives: which rights are implicated, who participates in decisions, what evidence supports accountability, and how funding conditions affect communities. It also identifies areas for further work, including corporate responsibility, cross-border consumption impacts, and the connections between human rights and rights of nature.

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Climate litigation moves quickly, and case law referenced here reflects the state of play at the time of publication. Where a resource is part of an ongoing series or learning kit, later installments may reflect more recent developments.

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