Determination of environmental problems of the transboundary pipeline and applicable national and international legal framework

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2003

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Güneyli, Yamaç

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Regarding historical tendency and today̕s future estimations, the global demand of petroleum is expected to reach a huge amount and this will be supplied by fossil fuels. Turkey̕s geographic location will make it an optimum route for transportation between the energy-rich Caspian regions, and the energy-consuming nations of Europe. Therefore, the transboundary pipeline, the most efficient means of transporting large quantities of hydrocarbons across long distances over land, will gain importance and the decision of a route through Turkey is a logical selection. However, despite all the security measures, pipelines have caused much significant environmental pollution due to accident, intention or negligence. Law is the major applied tool for compensating this environmental pollution and for determining the liable person or organization. According to international law, the rights and obligations of the source State and potentially affected states should be defined in such a way that all transit states can proceed with their operations. Moreover, the source state acts in compliance with its international obligations and adopts the necessary regulations in order to safeguard that the person in control of a potentially harm-causing activity has to bear the costs of additional measures to comply with those regulations. However, if the source state acts in violation of its international obligations, not the person in control of the activity but the state would be primary liable ex delicto. Equally significant, Turkey requires some changes in the existing laws and additional new regulations for constituting more effective Turkish Liability law and being a reference source for internationally liability law. Regarding hazardous facilities, Turkey needs some common provisions to derive new solution possibilities and to identify some criteria for cases in the future.

Subject Keywords

Petroleum pipelines, Transportation., Pipelines., International law.

URI

http://etd.lib.metu.edu.tr/upload/1055714/index.pdf
https://hdl.handle.net/11511/13727

Collections

Graduate School of Natural and Applied Sciences, Thesis

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Citation Formats

Y. Güneyli, “Determination of environmental problems of the transboundary pipeline and applicable national and international legal framework,” M.S. - Master of Science, Middle East Technical University, 2003.