Devletin yükümlülüklerine, sorumluluğuna ve yargıcın yetkilerine yaklaşımda dönüştürücü etkileri bakımından sistemik iklim davaları

Abstract

Systemic climate cases, in which the compliance of State’s regulations and activities on limiting global warming with the obligation to combat climate change are reviewed, have been increasing especially since the signing of Paris Agreement. The lawsuits filed with the aim of mobilizing the State, push the limits of material law and the powers of the judge, and require different approaches due to temporal and spatial dimensions of climate change. In order to respond to the claims, albeit partially, national courts develop new concepts, reinterpret existing rules and use their powers with the aim of an effective judicial review. This study questions whether the State can be forced to take action to limit climate change via a potential systemic climate lawsuit in Turkey, on the bases of the analysis of important rulings in European countries.