An analysis of the convention on the protection of the Black Sea against pollution (the Bucharest Convention) from the perspective of Turkish contract law
Küçük Resim Yok
Tarih
2023
Dergi Başlığı
Dergi ISSN
Cilt Başlığı
Yayıncı
Int Environ Agreements
Erişim Hakkı
info:eu-repo/semantics/openAccess
Özet
Critical environmental problems in the marine and coastal environments of the Black Sea basin require international cooperation. Although there is no comprehensive assessment in the academic literature about these environmental problems, the Bucharest Convention has not been included in court decisions in Türkiye, and consequently, the convention has not been efectively incorporated into the judicial process in Türkiye. This article is to understand and measure the impact of the Bucharest Convention on Turkish domestic law and its implementation. In doing so, the signifcance and efectiveness of the convention in domestic law will be revealed, and ways to improve legislation and court decisions will be explored. Considering the protocols included in the Bucharest Convention, criteria have been identifed, and the adequacy of Turkish legislation has been investigated. The criteria were determined through technical–legal analysis by the EFLD (Environmental and Forestry Law Department). The compliance of the convention with domestic legislation was evaluated statistically. As a result, Turkish legislation was found to be 71, 42% compatible with the convention. The study highlights the efectiveness of the Bucharest Convention in addressing defciencies in domestic law in the areas of pollution caused by activities on the continental shelf (10%), pollution from or through the atmosphere (25%), cooperation in pollution response during emergencies (50%), and the conservation of living marine resources (50%). A notable outcome of the study is that the direct impact of the convention on court decisions is limited. There is a need to enhance the efectiveness of the convention by improving the capacity of actors involved in the judicial processes.
Açıklama
Anahtar Kelimeler
Bucharest, International convention, Environment, Pollution, Black Sea, Marine
Kaynak
Int Environ Agreements
WoS Q Değeri
N/A
Scopus Q Değeri
Cilt
Sayı
Künye
Yıldızbaş, N.T., Birben, Ü., Elvan, O.D. and Yüce, M.B. (2023). An analysis of the convention on the protection of the Black Sea against pollution (the Bucharest Convention) from the perspective of Turkish contract law. Int Environ Agreements, p.1-18.