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Legal regime of coasts in terms of administrative law

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2025
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Abstract (EN)

According to Turkish law, the shore is defined in the Coastal Law No. 3621. Accordingly, the shore is the area between the shoreline and the coastal edge line. Although the shore is a piece of land, the current understanding of integrated coastal zone management requires the shore to be considered together with the waters it comes into contact with. In this context, in the coastal law regime, coasts should be considered as a wide region, not as a line or a narrow area. The region in question should also include the coastal setback zones, which is the piece of land extending from the end of the shore towards the land side, and which ensures that the society benefits from the coast as required. Article 43 of the Constitution stipulates that the coasts are under the sovereignty and disposal of the State. In addition, it is stipulated that the public interest shall be considered in the utilization of the coasts and coastal setback zones, with emphasis on priority. In this context, shores are considered as constitutional public property in terms of the nature of the transaction to which they are allocated. In this study, the legal regime to which the coasts, which are envisaged as a constitutional public domain due to their importance, are subject to, is discussed mainly on the axis of administrative law. The historical background and the current status of the concepts and practices regarding the coasts are analyzed in the light of the opinions in the doctrine and jurisprudence. In addition, the practices of different countries on the subject have also been evaluated. In this context, the problems related to our coastal law regime have been identified and solutions have been tried to be offered.

Author

Ahmet Talha Tetik

How to Cite

Ahmet Talha Tetik (Doctorate thesis). Legal regime of coasts in terms of administrative law, 2025, Selçuk University.

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