The High Court Division of the Supreme Court of Bangladesh has declared the rivers of Bangladesh to be legal persons and has appointed the National River Conservation Commission (NRCC) as the legal guardian of rivers for protecting the rivers of Bangladesh. The court considered the importance of rivers to Bangladesh, the public trust doctrine, the current global trend of granting rights to natural entities and the pressing need for an alternative option for river protection. However, on the one hand, the court has not clearly articulated any aspects of the legal personhood of the rivers; while, on the other hand, according to the Constitution of Bangladesh, rivers are public trust properties as the court interpreted, which signifies that rivers are legal objects but under the supervision of the state for the benefit of the public. This article explains that there is a likelihood of conflict arising between human interests and the interests of rivers, which may create legal complexity in the implementation of the legal personhood of rivers in Bangladesh and overall river protection. Mere recognition of new status by the court will on its own not ensure the protection of the rivers of Bangladesh. How the existence and application of the dual status of rivers – as public trust property and as having legal personhood – will maintain a balance between the needs and interests of rivers and the needs and interests of people needs to be clarified.

Studies indicate that, by 2059, 44 million people are expected to be displaced in India by sudden and slow climate-induced disasters like cyclones, floods and droughts. This article presents this landscape of climate displacement in India and explores the suitability of the existing legal framework for dealing with it, particularly through examination of the Action Plans on Climate Change and legislation such as the Disaster Management Act 2005. The article also notes the judicial response to the issue and then analyses proposed legal initiatives – two Private Member’s bills – tabled in India’s Parliament that stress the need for protection, resettlement and rehabilitation of people displaced due to climate change events. The article concludes that a human rights approach is desirable where affected communities have a say in outlining their needs.

This article outlines the enforcement of forest regulations on selling status-changed forestlands in Türkiye as a country perspective, Ankara as a province perspective and Kızılcahamam as a district perspective. Based on secondary surveys and research, it is found that Article 6 of Law No 6292 allows the sale of the so-called ‘2/B lands’ (Article 2 Clause B of Law No 6831) and that there have been 6,522 sales transactions in 2,957of real estate properties in 61 neighbourhoods in Kızılcahamam district, with approximately US$9.98 million collected as revenue from these transactions in 2020. Considering Türkiye and Ankara province in general, and Kızılcahamam district in particular, the result of selling forestland in Türkiye poses a somewhat similar picture on the selling of lands that have lost their forest character. It has been observed that Kızılcahamam district is facing significant challenges due to urbanization and profit-oriented real estate development and that the law fails to solve the problem of 2/B qualified properties. It has been determined that the application of Law No 6292, which was enacted on social and economic grounds for both the government and local beneficiaries, seems insufficient to meet the desired goal. In conclusion, it is recommended that reform of 2/B regulation is needed to achieve sustainable forestry and urbanization in Türkiye.

In the past decade, China has initiated reforms promoting ecological civilization and a new era of environmental governance. The Ecological Environmental Damage Compensation (EEDC) Regime, a vital component of these reforms, is endorsed by the central government and the Communist Party of China (CPC). Relying on Article 9 of China’s Constitution, which emphasizes state ownership, the state ownership of natural resources in China is argued to be of public power nature, constitutionally empowering the state to manage natural resources reasonably. This article delves into the legal nature of the EEDC Regime, highlighting its role as a public law mechanism for ecological restoration. The presence of ecological environmental compensation clauses in China’s Civil Code is considered ‘inappropriate’. This article suggests that China should utilize the opportunity to include the EEDC Regime in the Environmental Code, formalizing its place in the legal framework dedicated to environmental preservation.

Measures for prevention and protection for Internally Displaced People due to climate change in South Asia are not addressed sufficiently by South Asian states. People becoming IDPs due to climate change have been a major issue in South Asia and are increasing; however, there is no law protecting the rights of people internally displaced in South Asia. This article attempts to draw influence and lessons from the Kampala Convention in Africa for the prevention and protection of IDPs and suggests that a similar convention be implemented through the South Asian Association for Regional Cooperation (SAARC) and the SAARC Summit in South Asia. After considering the position of IDPs due to climate change. existing legal frameworks in South Asian states governing IDPs. the desirability of a convention in South Asia similar to the Kampala Convention and how such a convention might be implemented in South Asia, it is proposed that South Asia establish such a convention through SAARC.

In a world reeling towards the global environmental catastrophe of climate change, melting glaciers are commonly seen as a sign of impending doom. While the word ‘glacier’ is often associated with the polar regions, the Greater Himalayan Region (GHR) glaciers, which support over 20 per cent of the world’s population, are often forgotten. In addition to global warming, the glaciers in the GHR are suffering from the deposition of Black Carbon (BC), which is well-known for accelerating the melting of glaciers and is believed to be the single biggest factor causing the melt of the GHR glaciers. China and India, the two biggest BC emitters worldwide, contribute the most to the BC deposition in the GHR due to their proximity to the region. As the GHR glaciers recede at an unprecedented rate, this article critically analyses and compares the measures of China and India to curb their BC emissions. Further, the article evaluates the multi-lateral regional response against the crisis of BC in the region.

This article seeks to understand and explain the international legal framework, Reducing Emissions from Deforestation and Degradation-Plus (REDD+), and to determine whether the implementation of this framework is too fragmented to deliver its promised benefits. The international legal framework, REDD+, is detailed, to capture the objective(s), key mechanisms and possible activities available to states and to outline the international development of the framework. The laws and policies related to REDD+, REDD+ implementation, forest sector management and Indigenous land rights are examined in two tropical states (Fiji and Ghana). The comparative analysis of the two case study states (which have not been compared previously) explores through three lenses the question of whether REDD+ implementation is too fragmented to achieve its promise: the financial implementation of the framework; the policies and laws nationally implementing REDD+; and how the drivers of deforestation are addressed by states. It is explained that, whilst there are some gaps in Fiji’s REDD+ implementation of provisions, such as comprehensive Indigenous land rights, Fiji’s national implementation of the REDD+ framework has been reasonably effective and is well-regulated by the laws and policies which have enabled the international legal framework to be integrated into Fiji’s national activities. Similarly, it is explained that Ghana’s national implementation of the REDD+ framework has been productive with laws and policies that enable proactive integration of the international legal framework into Ghana’s national activities. Nevertheless, there are lessons which each state can learn from the other – and which are of general value. It is concluded that REDD+ implementation is not overly fragmented; and that it is on track to make a significant contribution to emission reductions.

The concept of Environment, Social and Governance (ESG) is gaining significant momentum in policy fields, and the legal landscape is catching up in laying down sound foundations. Whilst business and human rights, the ‘S’ in ESG, has forged itself a path forward, the ‘E’ in ESG remains at its nascency. This article aims to evaluate legal measures around corporate environmental responsibility (CER) and contribute to the development of the legal literature on the topic. This article begins by defining CER and clarifying the understanding of ‘environment’ and ‘environmental impact’. It further examines the current legal approaches used to ‘keeping tabs’ on CER. These approaches include voluntary initiatives, where companies voluntarily commit to implement ESG initiatives, certifications and other standards; mandatory reporting and disclosure requirements, which mandate companies to report and disclose their ESG performance; consumer and investor protection laws that aim to safeguard the interests of consumers and investors in relation to ESG claims and commitments made by companies; mandatory due diligence laws that require companies to assess, address and mitigate ESG risks in their operations and supply chains; and corporate liability laws that hold companies liable for environmental harms caused by their activities. By examining these different legal approaches, the article sheds light on the existing frameworks and their effectiveness in promoting CER – and highlights the challenges and gaps that need to be addressed to strengthen CER.