Turkey’s Environmental Legislation: Formation and Development Characteristics

  • Mustafa ZHANBAZ Ahmet Yesevi University, Turkistan

Abstract

The article presents scientific-methodological and historical-legal analysis of Turkey’s legislation concerning the environmental protection. At the modern stage, the environmental law focuses on a detailed study of the history of environmental legislation development. Environmental degradation in Turkey has a negative impact on the people’s needs and conflicts with interests of the population, raising socio-economic tensions on regional and country’s levels. Failing to manage social processes, people may turn the environment into a place, unfit for human existence, while ignorance of the need to restore the environment can result in devastating processes that can disrupt the progressive development of the civilization. The research aims to examine development and formation features of the fundamentals of environmental protection legislation in Turkey, taking into account the relevant historical experience of the modern law-making. The research is based on functional and system-structural approach to the scope of study, as well as methods of historical-legal and comparative legal analysis used throughout working on the paper. The findings of the research revealed the continuity in Turkish environmental legislation, which stems from customary law and national traditions. The formation of the Turkish legislation on environmental protection can be divided into three stages. The historical and legal analysis of the Turkish legislation on environmental protection focusing on its development to the modern state allowed the author to identify the main directions of this process. Taking into account the experience of European countries and Japan, the author suggests legally formalizing and implementing a regulation mechanism to compensate for the damages from environment pollution in Turkey.

References

[1] Bilgin, A. 2015. Analysis of the Environmental Impact Assessment (EIA) Directive and the EIA decision in Turkey. Environmental Impact Assessment Review, 53: 40-51.
[2] Bölük, G., and Mert, M. 2015. The Renewable Energy, Growth and Environmental Kuznets Curve in Turkey: An ARDL Approach. Renewable and Sustainable Energy Reviews, 52: 587-595.
[3] Dağhan, H., and Öztürk, M. 2015. Chapter 10 - Soil Pollution in Turkey and Remediation Methods. Soil Remediation and Plants, 287-312.
[4] Elvan, O.D., and Turker, Y.O. 2015. Access to Justice in Environmental Matters in Turkey: A Case Study from the Ancient City of Allianoi. International Journal of Law, Crime and Justice, 43: 424-438.
[5] Erdogan, N., and Baris, E. 2007. Environmental Protection Programs and Conservation Practices of Hotels in Ankara, Turkey. Tourism Management, 28: 604-614.
[6] Günay, G., Elhatip, H., and Ekmekçi, M. 2000. Environmental Protection of Geothermal Waters and Travertines at Pamukkale, Turkey. Geothermic, 29: 557-572.
[7] Hosono, T., Alvarez, K., and Kuwae, M. 2016. Lead Isotope Ratios in Six Lake Sediment Cores from Japan Archipelago: Historical Record of Trans-boundary Pollution Sources. Science of the Total Environment, 559: 24-37.
[8] Kaygusuz, K. 2009. Energy and Environmental Issues Relating to Greenhouse Gas Emissions for Sustainable Development in Turkey. Renewable and Sustainable Energy Reviews, 13: 253-270.
[9] Kaygusuz, K. 2010. Sustainable Energy, Environmental and Agricultural Policies in Turkey. Energy Conversion and Management, 51: 1075-1084.
[10] Kentel, E., and Alp, E. 2013. Hydropower in Turkey: Economical, Social and Environmental Aspects and Legal Challenges. Environmental Science & Policy, 31: 34-43.
[11] Koukis, T., Kelman, I. and Ganapati, N. E. 2016. Greece–Turkey Disaster Diplomacy from Disaster Risk Reduction. International Journal of Disaster Risk Reduction, 17: 24-32.
[12] Ors, F. 2012. Environmental Education and the Role of Media in Environmental Education in Turkey. Procedia - Social and Behavioral Sciences, 46: 1339-1342.
[13] Platt, S., and Drinkwater, B.D. 2016. Post-Earthquake Decision Making in Turkey: Studies of Van and İzmir. International Journal of Disaster Risk Reduction, 17: 220-237.
[14] Serencam, H., and Serencam, U. 2013. Toward a Sustainable Energy Future in Turkey: An Environmental Perspective. Renewable and Sustainable Energy Reviews, 27: 325-333.
[15] Soykan, A. 2009. Ecology-based Environmental Education in Years between 1999-2008 in Protected Areas of Turkey: Aims and Objectives, Problems and Suggestions. Procedia - Social and Behavioral Sciences, 1: 1704-1708.
[16] Sparling, D.W. 2014. Chapter 4 - A Closer Look at Key Environmental Laws. Natural Resource Administration, 75-102.
[17] Sparling, D.W. 2016. Chapter 15 - Regulation of Environmental Chemicals and Damage Assessment. Ecotoxicology Essentials, 443-461.
[18] Tatoglu, E., Bayraktar, E., and Arda, O. 2015. Adoption of Corporate Environmental Policies in Turkey. Journal of Cleaner Production, 91: 313-326.
[19] Ten, T. et al. 2016. Risk Assessment of Metal Contamination in Soil and Groundwater in Asia: A Review of Recent Trends as well as Existing Environmental Laws and Regulations. Pedosphere, 26: 431-450.
[20] Turkyilmaz, C. A., Uslu, A., and Durmus, B. 2015. Antecedents and Outcomes of Consumers’ Inward and Outward Environmental Attitudes: Evidence from Turkey. Procedia - Social and Behavioral Sciences, 175: 90-97.
[21] Yıldız-Geyhan, E. et al. 2016. Environmental Analysis of Different Packaging Waste Collection Systems for Istanbul – Turkey Case Study. Resources, Conservation and Recycling, 107: 27-37.
[22] Yuksel, İ. 2015. Water Management for Sustainable and Clean Energy in Turkey. Energy Reports, 1: 129-133.
Published
2016-12-12
How to Cite
ZHANBAZ, Mustafa. Turkey’s Environmental Legislation: Formation and Development Characteristics. Journal of Advanced Research in Law and Economics, [S.l.], v. 7, n. 5, p. 1224–1095, dec. 2016. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/546>. Date accessed: 21 nov. 2024.

Keywords

legal regulation; environmental protection; human right to a healthy environment