AN EVALUATION OF CLIMATE CHANGE FROM A LEGAL PERSPECTIVE OF TURKEY IN THE SCOPE OF INTERNATIONAL LAW
DOI:
https://doi.org/10.17501/2513258X.2021.5106Keywords:
Climate Change, Turkey, International Law, the Paris AgreementAbstract
Climate change is a global emergency. Each country's efforts and responses to climate change are of significance individually. The dynamics behind their attitudes are needed to be understood to harmonize global response. Turkey is of a different legal approach than the international community generally. For instance, it is the only G20 country that is not a party to the Paris Agreement. Also, the legal perspective of Turkey is of particular significance for the European Union to achieve its targets. Thus, the question of international legal steps taken and the next steps by Turkey arises. To evaluate this situation, the legal frameworks are analyzed with specific reference to Turkey. It was found that Turkey has been demanding to be recognized as a developing country in the international climate instruments. Although Turkey put some afford to act against climate change, it was not seen as adequate by scientific reports. Also, international and regional human rights instruments have been invoked by individuals for the current policies of Turkey and legal proceedings were started. For an efficient response to climate change, key points regarding common but differentiated responsibilities, the relationships between international and national laws, and the importance of laws with comparing regulations and political instruments are addressed to see how these points can inform recommendations. It is concluded that the ratification of the Paris Agreement is required in the first place. Then, enriched legal perspective in international law, and new specific climate laws in national laws are a necessity to provide a meaningful legal response to this global threat. It is hoped that other legal systems may benefit from analyzing its legal perspective. Every country needs to contribute to the shared enterprise of combatting climate change if the future of humanity and the natural world is to be assured.
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References
Birnie P., Boyle A. And Redgwell C. (2009). International Law and the Environment. Oxford, Oxford
University Press
Charles A. And Shelton D. (2007). Guide to International Environmental Law. Leiden, BRILL.
Climate Action Tracker (CAT) (2019). Scaling up climate action: Key opportunities for transitioning
to a zero-emissions society: Executive Summary -CAT Scaling up Climate Action series: Turkey.
[online]. Retrieved from: https://climateactiontracker.org/publications/scalingupturkey/
Climate Action Tracker (CAT)(2020). the Country Summary: Turkey. [online]. Retrieved from
https://climateactiontracker.org/countries/turkey/
Convention on the Rights of the Child (CRC) 1989, adopted 20 November 1989, entered into force 2
September 1990.
Proceedings of the 5th International Conference on Climate Change, Vol. 5, Issue 1, 2021, pp. 72-83
Giddens A. (2008). the Politics of Climate Change: National Responses to the Challenge of Global
Warming, Policy Network Paper.
Harvey F. (2020, December 12). UN secretary general urges all countries to declare climate
emergencies’ The Guardian [online], Retrieved from:
%20leaders.
Hergüner Ü. et al.(2019). Chapter 15: Turkey. In: The Environment and Climate Change Law Review
edited by Theodore L. Garrett. London, The Law Reviews 2019.
Koivurova T.(2014). Introduction to International Environmental Law. New York, Routledge.
Kyoto Protocol to the United Nations Framework Convention on Climate Change (the Kyoto
Protocol) 1997, adopted 11 December 1997, entered into force 16 February 2005.
Mcintyre, J. (2019, September 25). With 15 other children, Greta Thunberg has filed a UN complaint
against 5 countries. Here’s what it’ll achieve. The Conservation [online], Retrieved from:
Montreal Protocol on Substances that Deplete the Ozone Layer, 1987, adopted 16 September 1987,
entered into force 1 January 1989.
Olsson J.A. And Olsson İ.A. (2012). Turkey’s Signature of the Kyoto Protocol. İstanbul Üniversitesi
Siyasal Bilgiler Fakültesi Dergisi, 47, 1-30
Organization for Economic Co-operation and Development (OECD) (2000-2018). Air and GHG
emissions 2000-2018. [online]. Retrieved from: https://climate-laws.org/legislation_and_policies.
Organization for Economic Co-operation and Development (OECD) (2012). Compare your country
Home Climate Change Mitigation Policies. [online]. Retrieved from:
https://www.compareyourcountry.org/climate-policies?cr=oecd&lg=en&page=1&visited=1.
Öktem E. (2014).Uluslararası Andlaşmanın İmza İle Onay Arasındaki Hukuki Rejimi. Galatasaray
Üniversitesi Hukuk Fakültesi Dergisi - Doç. Dr. Melike Batur Yamaner’in Anısına Armağan Cilt I,
(58), 461-504.
Özişik F.U. (2020). Climate Change Policy in Turkey: A Perspective of Analysis through Historical
Development. International Negotiations and Administrative Obstacles. Marmara University Journal
of Political Science, 8(1), 66-96.
Republic of Turkey INDCs Retrieved from
https://www4.unfccc.int/sites/submissions/INDC/Published%20Documents/Turkey/1/The_INDC_of_
TURKEY_v.15.19.30.pdf [online].
Republic of Turkey Ministry of Environment and Urbanization, (2018). Seventh National
Communication of Turkey under the UNFCCC. [online]. Retrieved from
https://unfccc.int/sites/default/files/resource/496715_Turkey-NC7-1-
th%20National%20Communication%20of%20Turkey.pdf>
Rio Declaration on Environment and Development’ adopted at the ‘United Nations Conference on
Environment and Development’ (Rio de Janeiro 1992) UN Doc A/CONF.151/26/Vol. I
Sands P., 2003, Principles of International Environmental Law. Cambridge, Cambridge University
Press.
The Environmental Law, 1983, Law No. 2872.
The Grantham Research Institute on Climate Change and the Environment,, (2021). 10 March
[online]. Retrieved from: https://climate-laws.org/legislation_and_policies .
Alan / An Evaluation of Climate Change from a Legal Perspective of Turkey in the Scope of International Law
The InforMEA Project, (2017). Climate Change International Legal Regime [online]. Retrieved from
https://unccelearn.org/pluginfile.php/196738/mod_resource/content/2/InforMEA_Climate%20Change
%20Legal%20Regime_Lessons%20Bundle.pdf
The Intergovernmental Panel on Climate Change (IPCC), (2018). Special Report: Global Warming of
5 ºC, Summary for Policymakers.
The Paris Agreement, 2015, adopted 12 December 2015, entered into force 4 November 2016.
The Regulation on the Monitoring of Greenhouse Gas Emissions, 2014, No. 29003.
The Regulation on the Reduction of Ozone Layer Depleting Substances, 2017, No. 3003.
The UNFCCC Conference of the Parties, (2011). Report of the Conference of the Parties on its
sixteenth session: Part Two: Action taken by the Conference of the Parties at its sixteenth session,
held in Cancun from 29 November to 10 December 2010’ FCCC/CP/2010/7/Add.1 p.24
The UNFCCC Conference of the Parties, (2012). Report of the Conference of the Parties on its
seventeenth session: Part Two: Action taken by the Conference of the Parties at its seventeenth
session, held in Durban from 28 November to 11 December 2011, FCCC/CP/2011/9/Add.1 p.30
The UNFCCC Conference of the Parties, (2018). Proposal from Turkey to amend the list of Parties
included in Annex I to the Convention, FCCC/CP/2018/INF.2.
The United Nations Framework Convention on Climate Change (the UNFCCC), 1992, adopted 9 May
, entered into force 21 March 1994.
The United Nations General Assembly [UNGA], ‘Implementation of the outcomes of the United
Nations Conferences on Human Settlements and on Housing and Sustainable Urban Development and
strengthening of the United Nations Human Settlements Programme (UN-Habitat)’ (New Urban
Agenda) (21 November 2016) UN Doc. A/71/L.23
United Nations Environment Programme (UNEP), (2019). Emissions Gap Report 2019 Executive
Summary.
United Nations Environment Programme (UNEP), (2019). Lessons from a decade of emissions gap
assessments: summary.
World Meteorological Organization (WMO), (2020). Provisional Report on the State of the Global
Climate 2020.
Youth for Climate Justice v. Austria, et al. [2020] ECtHR Request No. 39371/20
