Reflections of climate law on private law contracts

Climate change, defined as changes in the average state and/or variability of the climate over a period of time, is perhaps one of the most important problems of the 21st century. It is affecting our planet and all the living things it embodies. The damage that has been caused by human activities, no longer just affects a particular region or humanity, but the whole world and all the living things that are in it. To solve the global problems due to the climate change, many different disciplines should come together and act in cooperation for the common good. Many different actors are involved in determining what legal steps should be taken in the process of battling the climate crisis. Within the global side, many international legal texts on climate change are being signed and agreements are being published, while in the national side, countries are taking important steps such as, developing their climate legislation, establishing their own climate laws. Undoubtedly, in addition to states, private law parties are also important stakeholders in this struggle. At this point, the parties should determine what kind of responsibilities they can undertake mutually in order to protect the climate, especially what kind of provisions they can add to the private law contracts that form the basis of the relationship between them. In the first part of the study, the responsibilities of states regarding global climate change, international regulations in this context and the reflections of these regulations on Turkey are analyzed. In the second part, the concept of sustainability, criterias of ESG, and the obligations of companies in the context of ESG are discussed. Following the examination of the legal regulations within the framework of the liability of states in the first part and of companies in the second part, an assessment has been made on what kind of climate provisions can be added to private law contracts by taking these regulations into consideration and various sample clauses have been prepared as an example. In the same section, which aspects that should taken into consideration while drafting the climate clauses are discussed in terms of different laws. In the fourth and final part of the study, suggestions are made on how the dispute resolution process should be handled in a climate-friendly manner. Key words: climate change, climate law, ESG, sustainability, private law contracts and climate change.