The law applicable to liability arising from environmental damages in private international law

The aim of this study is to determine law applicable to liability due to environmental damages containing element of foreignness and arising from private law relations. First of all, principles of environmental law and its concepts will be analyzed for this purpose. After that, civil liability which arises from environmental damages in Turkish law, will be evaluated. Finally, in the last chapter of the study, conflicts which result from environmental damages in private international law, will be determined. This chapter is the most important chapter of the study. The purpose of this chapter is to find out the law which protects the environment with the highest standards. It is necessary to determine the most proper connecting factors to reach this purpose. This study is based on a comparative method to find out proper connecting factors. In this context, this study evaluates not only Turkish law system but also other law systems, especially the regulations of European Union. In addition to this, the views from doctrine are utilized. As a result of the evaluations, it is concluded that if the law of the place of the action which causes damage, protects the environment with higher standarts, it is proper to accept a regulation which will allow application of this law. In the last chapter, the public policy which intervenes with the law to be applied and overriding mandatory provisions are also discussed. Because of the public interest on the environmental elements, the public policy and overriding mandatory provisions are so important for this study.