Liability for harm to third parties caused by transboundary pipelines

The resources that will meet the energy needs of our world that grows with each passing day are obtained in large quantities from land-locked regions. The economical and efficient transmittal of large amounts of petroleum and natural gas to the consumer markets in far distances is enabled by the transboundary pipelines. On the soils that these pipelines run through, there are transit states. It is a fact that due to its geopolitical position, Turkey is the most economical and safest transit country among the Caspian Sea region, which is rich in energy, the Middle East and Europe regarding consumer markets.On the other hand, despite all the precautions taken, the pipelines cause serious environmental pollution as a result of negligence, accidents or wrongful intention. The liability law is a major resource in retrieving the above-mentioned losses and determining the liable person or entity. In the pipeline, which is a legally equitable business, the damage that occurs as a result of a typical danger particular to an operation requires strict liability. As a result of this, the operator who exposes others to serious danger quantitatively and qualitatively with his activity is, by force of justice and equity, obliged to compensate all the losses of the injured party in return for gaining favor from his operation. In our country also, there has been efforts to find a solution through provisions in a variety of areas regarding responsibility for the losses that the pipeline operator causes. This problem seems to be resolved with the arrangement of the blanket clause regarding strict liability in the Article 71 of the effectuated Turkish Obligation Law despite it lateness.As for the states, it is important that they, taking the care that is expected from the governments, fulfill the duties of the prevention of transboundary losses that result from the transit pipeline, which is a dangerous activity, or of the principal obligations in its restoration; of the implementation of international standards, and of maintaining subscribed control, monitoring and safety in accordance with the bilateral or multilateral agreements.