İklim Değişikliği Nedeniyle Devletlerin Sorumluluğu

Abstract

The overall effect of human activities on climate change has been proved. The climate changes resulted in economic, social, political and legal problems. Because of the climate changes, some human rights violations came into existence. The main violations are enforced displacement, right to life, right to health, food security and right to access clean water. It has been even assumed that some small island states may disappear due to climate changes. This situation creates a strong international agenda regarding self-determination, international peace and security.

Studies on climate change have started in 1979. However, the main step regarding climate change was taken in 1992, in Rio Conference which resulted in an international agreement called the United Nations Framework Convention on Climate Change. The main purpose of the agreement is preventing dangerous human activities which generally result in climate change. Parties conference, which was established with the agreement itself, aims to fulfil requirements of this related agreement. With this purpose, the Kyoto Protocol, which was established in the Third Parties Conference, aims to reduce usage of greenhouse gas. Because of the deficiencies of the Kyoto Protocol, Paris Agreement was accepted. These above cited agreements impose some obligations on state parties. Concerning state responsibility, violation of these obligations have some outcomes under international law.

In 2001, Draft Articles on Responsibility of States for Internationally Wrongful Acts were accepted by the International Law Commission. According to these Draft Articles, if an illegal action is attributed a state, it may trigger state responsibility under international law. Under this circumstance, if a state causes a climate change, these Draft Articles may be applied. As a result of these circumstances, state responsibility may be claimed by International Courts as well as domestic authorities and the solution mechanism of the international institutions.