II.

The Government of Runbeti complied with its duty to conserve under the
Convention of Biological Diversity and has not violated conventional or customary
international law.

A. There was an inclusion of biodiversity when the Government of Runbeti conducted

an extensive environmental impact assessment (EIA) for the first phase of its wind
farm project. Impact assessment is such a process, which can be used to ensure that
necessary measures needed to protect biodiversity and its sustainable use are
applied in the process of development planning.1

i. The Government of Runbeti introduced appropriate arrangements to ensure

that the environmental consequences of its project that are likely to have
significant adverse impacts on biological diversity are duly taken into
account. Prior to the approval of the wind farm project, the Government of
Runbeti reviewed the environmental impact assessment it conducted before
issuing the necessary permits for the first phase. The Government of Runbeti
is aware that the location of the project covers a portion of the migration
route for the royal noctule and so it proceeded with extreme caution.

ii. Albeit indirect, there was reciprocity of information and consultation on

activities between the Government of Runbeti and Alducra regarding the
wind farm project through the active participation of the Chiroptera
Crusaders. In fact, the granting of the Government of Runbeti and PECO to
let the Chiroptera Crusaders monitor the area after the construction was
completed to determine the wind farm’s impact on the bats was evidence of
its commitment to uphold its duty to conserve it swore to observe under the
Convention of Biodioversity.

iii. Reports submitted by the Chiroptera Crusaders is not conclusive as to what

caused the death of several royal noctules near the wind turbines. The
diplomatic note of the Federal States of Alducra forwarded to the
Government of Runbeti contained an admission that the former had no
knowledge how the construction process may have impacted the bats. In its
reply to the diplomatic note, the Government of Runbeti is not convinced
that it had caused transboundary harm to the Federal States of Alducra.
Suffice to say, in case of an imminent grave or danger or damage, originating
under the jurisdiction of the Government of Runbeti to the biological
diversity within the area of jurisdiction of the Federal States of Alducra, the
Government of Runbeti is bound under Art.14 of the Convention of

1
https://www.iaia.org/
 Biodiversity2, and willing, to notify the Federal States of Alducra, an
undertaking which the Chiroptera Crusader assumed when it apprised both
governments regarding the results of the surveys it made.

2
https://www.cbd.int/convention/articles/?a=cbd-14