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An analysis of the convention on the protection of the Black Sea against pollution (the Bucharest Convention) from the perspective of Turkish contract law

Author

Listed:
  • Nilay Tulukcu Yıldızbaş

    (Istanbul University-Cerrahpasa)

  • Üstüner Birben

    (Çankırı Karatekin University)

  • Osman Devrim Elvan

    (Istanbul University-Cerrahpasa)

  • Melek Bilgin Yüce

    (Maltepe University)

Abstract

Critical environmental problems in the marine and coastal environments of the Black Sea basin require international cooperation. Although there is no comprehensive assessment in the academic literature about these environmental problems, the Bucharest Convention has not been included in court decisions in Türkiye, and consequently, the convention has not been effectively incorporated into the judicial process in Türkiye. This article is to understand and measure the impact of the Bucharest Convention on Turkish domestic law and its implementation. In doing so, the significance and effectiveness of the convention in domestic law will be revealed, and ways to improve legislation and court decisions will be explored. Considering the protocols included in the Bucharest Convention, criteria have been identified, and the adequacy of Turkish legislation has been investigated. The criteria were determined through technical–legal analysis by the EFLD (Environmental and Forestry Law Department). The compliance of the convention with domestic legislation was evaluated statistically. As a result, Turkish legislation was found to be 71, 42% compatible with the convention. The study highlights the effectiveness of the Bucharest Convention in addressing deficiencies in domestic law in the areas of pollution caused by activities on the continental shelf (10%), pollution from or through the atmosphere (25%), cooperation in pollution response during emergencies (50%), and the conservation of living marine resources (50%). A notable outcome of the study is that the direct impact of the convention on court decisions is limited. There is a need to enhance the effectiveness of the convention by improving the capacity of actors involved in the judicial processes.

Suggested Citation

  • Nilay Tulukcu Yıldızbaş & Üstüner Birben & Osman Devrim Elvan & Melek Bilgin Yüce, 2023. "An analysis of the convention on the protection of the Black Sea against pollution (the Bucharest Convention) from the perspective of Turkish contract law," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 23(4), pages 485-502, December.
    • Handle: RePEc:spr:ieaple:v:23:y:2023:i:4:d:10.1007_s10784-023-09621-x
    DOI: 10.1007/s10784-023-09621-x
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    References listed on IDEAS

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