Master'sOpen Access

Implementing sanctions related to mines and restriction authority in the context of urbanization

2022
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Advisor: Doç. Dr. Nazlı Yücel Batmaz

Abstract (EN)

The right to explore and exploit mines, which are under the authority and at the disposal of the State according to the Article 168 of the Constitution, and correspondingly, the authority of implementing sanction related to mines belong to the State. Administrative sanctions, which are implemented upon an administrative decision and administrative decisions related to restriction of a mining license area, are subject to judicial review. Judicial review is vital since the mining sector is the driving force of the economy. Hence, the thesis topic is decided as "Implementing Sanctions Related To Mines and Restriction Authority in the Context of Urbanization" and studied in the context of domestic law. In the thesis, the prominent changes in mining from the Pre-Republic era to nowadays are explained in a historical view and in the scope of sovereignty of State and, although different acts could be applied, the administrative sanctions that are implemented due to mining activities, within the Act, numbered 3213 are examined. Beyond the authority of implementing administrative sanctions, declaration of mining area and removal of mining license area which are created by the Act numbered 7020 and dated 18/05/2017 in addition to the authority of closing some places to the mining completely or restrict the mining activities with similar reasons have consequences as effective as administrative sanctions. Mines that on one hand provide raw materials for urbanization but on the other hand may have huge negative effects on it should be examined carefully by taking into consideration both mentioned factors. Therefore, in the thesis, while the subject is examined limited to Turkey, the legislation and judicial decisions evaluated. İstanbul Cebeci Mining Area, the first and only mining area implementation is analyzed in the context of urbanization.

Author

Nilüfer Özdemir Mallı

How to Cite

Nilüfer Özdemir Mallı (Master Thesis). Implementing sanctions related to mines and restriction authority in the context of urbanization, 2022, Ankara Hacı Bayram Veli University.

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