Environmental Liability - Law, Policy and Practice - Volume 29 - Issue 3

Articles
Strengthening international forest law: the ITTA, ITTO and tracing technologies in the sustainable governance of native tropical forests
MARCELO FEITOSA DE PAULA DIAS
Faculty of Business and Law, 
Queensland University of Technology

The International Tropical Timber Agreement (ITTA) and its governing body, the International Tropical Timber Organization (ITTO), play a critical role in advancing the sustainable governance of native tropical forests while balancing economic development with conservation imperatives. Established under the United Nations Conference on Trade and Development (UNCTAD) in 1985, the ITTA provides a legal and institutional framework to mitigate the environmental impact of the tropical timber trade and strengthen global forest governance. This study examines how the ITTA and ITTO contribute to the sustainable governance of native tropical forests, focusing on integrating traceability technologies to combat illegal logging and promote a legal and transparent timber trade. It highlights the necessity of advanced tracking mechanisms – Chain of Custody Information Systems (CoCIS), GPS monitoring, blockchain, and DNA barcoding – to enhance legal verification, compliance, and supply chain transparency. 

Violations of water laws by the textile industry and the dilemma of water justice in Bangladesh
TALUKDAR RASEL MAHMUD AND DR NATHAN JOHN COOPER
Faculty of Law, University of Waikato, New Zealand

The textile industry plays a crucial role in the economy of Bangladesh, making a significant contribution to exports and employment, but its expansion has become a major social and environmental concern. Textile manufacturing uses waterborne chemicals for cleansing and dyeing, which are released as untreated wastewater into rivers. Such contamination is causing serious problems for environmental conservation and biological diversity, and for many people’s water supply. Current legislation in Bangladesh lacks clear provisions or sufficient penalties to prevent water pollution; furthermore, individuals cannot file a lawsuit for environmental violations without permission from the Department of Environment, with the result that the issue of water justice remains a persistent challenge. This study explores some cases of illicit dumping of textile waste in Bangladesh and offers recommendations for improving regulatory compliance to protect water resources and improve water justice. 


Case Comments
Separation of functions in environmental impact assessments:
Case C–236/24 Provincie Oost-Vlaanderen and Sogent v KG and WA
AGUSTÍN GARCÍA-URETA
Professor of Administrative Law, 
University of the Basque Country/Euskal-Herriko Unibertsitatea

The judgment in this case concerned the obligation of functional separation in the case of EIAs carried out under Directive 2011/92, where the body responsible for the assessment is also the developer of the project in question. The Court concluded that such separation must be effective in order to ensure compliance with the demands of the Directive. 


The future of green banks
RUFUS DOBSON AND NATHAN SEEDALL
Hogan Lovells, London

There is no exact definition as to what constitutes a ‘green bank’, but for the most part, their key stated aim is to facilitate and accelerate the green energy transition and attempt to mitigate against the effects and prevent the causes of anthropogenically forced climate change. For green banks to be truly successful, they will have to be the catalysts for massive private investment in the green transition. To do this, the authors argue, green banks will need to (amongst other things): prove to the private sector that they can function as solvent, profitable and financially sustainable banks; make targeted, well researched investments and loans in key technologies and initiatives, acting as pole stars for further private investment; and follow a clear mandate as to their function and role in the market, giving certainty to both their investees and stakeholders and to the rest of the market. 

US Litigation and Regulation - selected issues

AMERICAN COLLEGE OF ENVIRONMENTAL LAWYERS

Port Arthur Community Network (PACAN) v Texas Commission on Environmental Quality: a nut case

California dreaming is becoming a reality: solar canals may mean having more water as well as more solar energy

Protecting the lesser prairie-chicken on private land in a shifting regulatory environment

Current Survey

European Union
MARTIN HEDEMANN-ROBINSON
University of Kent, Canterbury