Master'sOpen Access

The legal characteristic and judical review of the coastal edge line

2024
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Advisor: Doç. Dr. Ahmet Kürşat Ersöz

Abstract (EN)

It was clearly ensured that coasts are bounded by state's provision and appopriation in the 43rd article of the constitution of the Republic of Türkiye. Coasts which constitute many science fields also concerned with legal science. Defining the coastal concept in legal terms and revealing its consequences is only possible with he determination of the coastal edge line. Yet, in accordance with our coastal legislation, coast is determined as the place between the coast lin and the law water mork. Thereby, in order to determine the coastal areas, it is mandatory o first determine the coastal edge line, which will shaw the border of the coast, by the competent administration. In the first part of this thesis the concept and types of public property are explained in general, since the coast is public property. Besides, after the concept of public preperty is clarified the wualification of the coast as public property, what it means for it to be under the rule and disposal of the state and the consequences of this are emphasized. In the second part of the study, first of all, the historical development process of coastal legislation and fundamental nations related to the coastal area are clarified. After wards, the qualification of administrative action in coastal edge line was attempted to reveal and determination of the coastal edge line to be mode by the administrations and the progress of ratification are described in details. Furthermore, since changing administrative procedures may also be possible in terms of the coastal edge line the reasons for change determined in the regulation on the implementation of the coastal law have been examined under separate headings by making use of judicial precedents. In the last part of the study after adverting the basic features of the judicial control criteria of the coastal edge line, which is considered as an administrative procedure, the scope of the judical review in question is clarified as limited to procedural review.

Author

Dr. Alper Aksakal

How to Cite

Alper Aksakal (Master Thesis). The legal characteristic and judical review of the coastal edge line, 2024, Akdeniz University.

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