Legality of Delisting a Transboundary Ramsar Site to Combat HPAI Outbreak and the Adequacy Standards of Compensatory Sites

Abstract The Ramsar Convention’s purpose of protecting wetlands has been widely appreciated and received support from all the ratifying States, as nearly all the parties have placed a number of wetlands on the Ramsar list of wetlands of national and international importance. However, the Convention also envisions that, in certain scenarios, there might be a need for delisting of a site placed on the list due to reasons such as urgent national interests. The Convention employs a unique mechanism where if a State is to delist a Ramsar site, it is bound to provide a compensatory wetland. Theoretically, it comes across as an effective mechanism. But in practice, no State has ever delisted a site. Although situations such as Highly Pathogenic Avian Influenza (HPAI) outbreaks are not inconceivable, there are no express guidelines for States to delist in such situations. Pertinent concerns are raised as to the legality of delisting a transboundary site during HPAI outbreaks. Therefore, States require a legally sound solution. Moreover, in terms of the compensatory wetland that a state is bound to provide upon delisting, the guidelines are unclear as to what the factors are that a State must take into account. In light of this question, clarity over the procedure is required to assist such States in delisting and providing a compensatory wetland.