Chapter 10
Conclusion: Creating a Path Forward
for Turkish Environmental Law
and Politics
Zerrin Savaşan
The branches of law are usually divided into two broad categories: private law and
public law. Of those, the former regulates the relationships between citizens, while
the latter regulates the relationships between citizens and the State and between
States. But some law branches may also have a mixed public/private character.
Environmental law is one those branches. Indeed, it has many aspects under
private law – like tort, nuisance (public and private) and property law – and under
public law – like state regulations involving setting standards, authorization of
activities, prescribing procedures to be carried out like EIA, identifying land or
species that must be protected, banning or punishing some activities, environmental
crime etc.
Therefore, environmental law emerges as a legal system which operates on the
basis of all related law branches which aim to provide environmental protection and
improvement through preventing environmental degradation before it occurs and
remedying the harmful consequences, risks and threats which damage the
environment.
In line with this, Turkish environmental law also emerges as a legal system
composed of principles and norms arising from different law branches under both
public and private law, and thus involves a wide scope of legislation.
In sum, under Turkish Environmental Law, the protection of the environment is
directly regulated under the Constitution, initially with the 1982 Constitution, and it
is predominantly regulated under public law, and significantly by administrative
law, i.e. environmental law and administrative law have a very large field of
interaction. However, only through the provisions regarding the right of the
neighbour and the rules on legal liability is it possible to refer to private law on
environmental matters.
Turkey is actively included in most of the legal frameworks and institutions
related to environmental issues, particularly those affiliated to the UN and the EU,
Dr. Zerrin Savaşan, Assistant Professor, Department of International Relations, Sub-department
of International Law, Selçuk University, Konya, Turkey. e-mail: szerrin@selcuk.edu.tr.
© Springer Nature Switzerland AG 2020
Z. Savaşan and V. Sümer (eds.), Environmental Law and Policies in Turkey,
The Anthropocene: Politik—Economics—Society—Science 31,
https://doi.org/10.1007/978-3-030-36483-0_10
159
Conclusion: Creating a Path Forward
for Turkish Environmental Law
and Politics
Zerrin Savaşan
The branches of law are usually divided into two broad categories: private law and
public law. Of those, the former regulates the relationships between citizens, while
the latter regulates the relationships between citizens and the State and between
States. But some law branches may also have a mixed public/private character.
Environmental law is one those branches. Indeed, it has many aspects under
private law – like tort, nuisance (public and private) and property law – and under
public law – like state regulations involving setting standards, authorization of
activities, prescribing procedures to be carried out like EIA, identifying land or
species that must be protected, banning or punishing some activities, environmental
crime etc.
Therefore, environmental law emerges as a legal system which operates on the
basis of all related law branches which aim to provide environmental protection and
improvement through preventing environmental degradation before it occurs and
remedying the harmful consequences, risks and threats which damage the
environment.
In line with this, Turkish environmental law also emerges as a legal system
composed of principles and norms arising from different law branches under both
public and private law, and thus involves a wide scope of legislation.
In sum, under Turkish Environmental Law, the protection of the environment is
directly regulated under the Constitution, initially with the 1982 Constitution, and it
is predominantly regulated under public law, and significantly by administrative
law, i.e. environmental law and administrative law have a very large field of
interaction. However, only through the provisions regarding the right of the
neighbour and the rules on legal liability is it possible to refer to private law on
environmental matters.
Turkey is actively included in most of the legal frameworks and institutions
related to environmental issues, particularly those affiliated to the UN and the EU,
Dr. Zerrin Savaşan, Assistant Professor, Department of International Relations, Sub-department
of International Law, Selçuk University, Konya, Turkey. e-mail: szerrin@selcuk.edu.tr.
© Springer Nature Switzerland AG 2020
Z. Savaşan and V. Sümer (eds.), Environmental Law and Policies in Turkey,
The Anthropocene: Politik—Economics—Society—Science 31,
https://doi.org/10.1007/978-3-030-36483-0_10
159