These phases are determined according to the milestones which have seriously
affected the current status of Turkish environmental law. The EU accession process
has arisen as the key determining factor in setting out the phases, because during the
analysis it was found that environmental legislation is relatively new in Turkey, and
although Turkey’s EU membership process has lost its momentum since 2005,
Turkish environmental law has developed remarkably over the years in pursuit of
the harmonization criteria within the framework of the EU accession process.
2.2 Pre-1982 Constitution Period
In the first period, neither the 1924 nor the 1961 Constitution recognised environmental rights or even mentioned the protection of the environment. Also, under
the legal system, there was no other regulation directly related to environmental
rights, or to the protection and development of the environment or the prevention of
environmental degradation.
Nevertheless, in many regulations, there were provisions indirectly related to the
environment and involving opportunities regarding the protection of environment.
1
Furthermore, Turkey started to become party to international agreements related
to environmental issues from the 1930s onwards – e.g. the Convention on Whale
Hunting (1934). It had become party to several environmental agreements at different levels – multilateral, regional, bilateral – by 1982.
2
1
These regulations include the following: Village Affairs Act No. 442 (1924), Harbor Act
No. 618 (1925), Civil Code No. 743 (1926), Obligations Code No. 818 (1926), Penal Code
No. 765 (1926), Waters Act No. 831 (1926), General Sanitation Act No. 1593 (1930), Public
Hygiene Act No. 1593 (1930), Municipalities Act No. 1580 (1930), Forest Act No. 3116 (1937),
Land Hunting Act No. 3167 (1937), Provincial Administration Act No. 5442 (1949), Petroleum
Act No. 6326 (1954), Forest Act No. 6831 (1956), Agricultural Pesticides and Agricultural
Quarantine Act No. 6968 (1957), Groundwater Act No. 167 (1960), Slum Act No. 775 (1966),
Water Products Act No. 1380 (1971). See at: www.mevzuat.gov.tr.
2
E.g. Agreement on the Establishment of a General Fisheries Council for Mediterranean (1954),
Supplementary Agreement No. 15 signed with the UN Food and Agriculture Organization (1957),
Convention for the Establishment of the European and Mediterranean Plant Protection
Organization (1965), Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space
and Under Water (1965), International Convention on the Protection of Birds (1967), Treaty on
Principles Governing the Activities of States in the Exploration and Use of Outer Space Including
the Moon and Other Celestial Bodies (1968), Convention on Third Party Liability in the Field of
Nuclear Energy (1968), Convention Concerning the Protection of Workers Against Ionizing
Radiation (1969), European Convention for the Protection of Animals During International
Transport (1971), Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other
Weapons of Mass Destruction on the Sea Bed and the Ocean Floor in the Subsoil thereof (1972),
Convention on the Prohibition of the Development, Production of Stockpiling of Bacteriological
and Toxin Weapons, and on Their Destruction (1975), Bilateral Agreement on the Technical
Assistance for the Research of Pesticides on the Black Sea Fishes signed with Federal Republic of
Germany (1975), Agreement on an International Energy Program (1981), Convention for the
Protection of Mediterranean Sea Against Pollution (1981), Project Agreement on Pollution
Controlling and Manufacturing of the Controlling Tools signed with the UN (1981).
2 The Development Process of Environmental Law in Turkey: …
9
affected the current status of Turkish environmental law. The EU accession process
has arisen as the key determining factor in setting out the phases, because during the
analysis it was found that environmental legislation is relatively new in Turkey, and
although Turkey’s EU membership process has lost its momentum since 2005,
Turkish environmental law has developed remarkably over the years in pursuit of
the harmonization criteria within the framework of the EU accession process.
2.2 Pre-1982 Constitution Period
In the first period, neither the 1924 nor the 1961 Constitution recognised environmental rights or even mentioned the protection of the environment. Also, under
the legal system, there was no other regulation directly related to environmental
rights, or to the protection and development of the environment or the prevention of
environmental degradation.
Nevertheless, in many regulations, there were provisions indirectly related to the
environment and involving opportunities regarding the protection of environment.
1
Furthermore, Turkey started to become party to international agreements related
to environmental issues from the 1930s onwards – e.g. the Convention on Whale
Hunting (1934). It had become party to several environmental agreements at different levels – multilateral, regional, bilateral – by 1982.
2
1
These regulations include the following: Village Affairs Act No. 442 (1924), Harbor Act
No. 618 (1925), Civil Code No. 743 (1926), Obligations Code No. 818 (1926), Penal Code
No. 765 (1926), Waters Act No. 831 (1926), General Sanitation Act No. 1593 (1930), Public
Hygiene Act No. 1593 (1930), Municipalities Act No. 1580 (1930), Forest Act No. 3116 (1937),
Land Hunting Act No. 3167 (1937), Provincial Administration Act No. 5442 (1949), Petroleum
Act No. 6326 (1954), Forest Act No. 6831 (1956), Agricultural Pesticides and Agricultural
Quarantine Act No. 6968 (1957), Groundwater Act No. 167 (1960), Slum Act No. 775 (1966),
Water Products Act No. 1380 (1971). See at: www.mevzuat.gov.tr.
2
E.g. Agreement on the Establishment of a General Fisheries Council for Mediterranean (1954),
Supplementary Agreement No. 15 signed with the UN Food and Agriculture Organization (1957),
Convention for the Establishment of the European and Mediterranean Plant Protection
Organization (1965), Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space
and Under Water (1965), International Convention on the Protection of Birds (1967), Treaty on
Principles Governing the Activities of States in the Exploration and Use of Outer Space Including
the Moon and Other Celestial Bodies (1968), Convention on Third Party Liability in the Field of
Nuclear Energy (1968), Convention Concerning the Protection of Workers Against Ionizing
Radiation (1969), European Convention for the Protection of Animals During International
Transport (1971), Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other
Weapons of Mass Destruction on the Sea Bed and the Ocean Floor in the Subsoil thereof (1972),
Convention on the Prohibition of the Development, Production of Stockpiling of Bacteriological
and Toxin Weapons, and on Their Destruction (1975), Bilateral Agreement on the Technical
Assistance for the Research of Pesticides on the Black Sea Fishes signed with Federal Republic of
Germany (1975), Agreement on an International Energy Program (1981), Convention for the
Protection of Mediterranean Sea Against Pollution (1981), Project Agreement on Pollution
Controlling and Manufacturing of the Controlling Tools signed with the UN (1981).
2 The Development Process of Environmental Law in Turkey: …
9