Yüksek LisansAçık Erişim

Environment as a new subject of international law

2023
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Danışman: Dr. Öğr. Üyesi Fethullah Bayraktar

Özet (EN)

The concept of environment has been on the agenda of international law simultaneously with the development of human civilization and the formation of modern societies. The individualistic approach of industrial societies has led humanity to the idea of living in a healthy and balanced environment as an individual, and the environment has been manifested as a human right in domestic law. Then, environmental protection has come to the fore as an international obligation in the sense that states are responsible for transboundary damages. In today's world, where digitalization and technological developments are experienced much faster than in the past, it is inevitable that the concept of environment will be affected by the changing conditions of the world in this sense. It is considered that it is inevitable in terms of international law that the environment, which is on the agenda under the heading of combating global climate change, is accepted as a subject with rights by being conscious of humanity in the "primitive" periods of time, in the circular cycle of time. First, the concept of legal personality was compared in the context of national and international law. In the classification made, the distinction of "Actor-Subject" is explained as a new proposal. Second, the evolution process of the environment as a subject of international law is briefly mentioned and the legal texts were examined. An evaluation has been made on how the environment, which is a human right, has become a subject in the cycle of time, or how it should actually come, based on world examples. The changes in the meaning of state sovereignty over natural resources in classical international law doctrine, the obligation of not harming the environment of other states beyond the borders of national jurisdiction and shared natural resources, common property, global partnership areas and the concepts of common heritage of humanity were examined. As a result, it has been determined that the environment should be accepted as a subject of international law.

Yazar

Dr. Ege Çağrı Yıldız

Bu Yayına Nasıl Atıf Yapılır

Ege Çağrı Yıldız (Master Thesis). Environment as a new subject of international law, 2023, Ankara Social Science University.

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