Ekolojik Kriz ve Hukuk İlişkisi Çerçevesinde Türkiye’nin HES Problemi

Abstract

DAĞDEMİR, Sena Başak. Türkiye's Hydroelectric Challenge: Analyzing the Relationship Between Ecological Crisis and Law, Master's Thesis, Ankara, 2024. Hydroelectric energy is Türkiye’s most preferred energy production method. This thesis investigates the connection between law and ecological crisis by examining the ecological and social impacts of Hydroelectric Power Plants (HPPs) from the perspective of ecological law. There are numerous studies on HPPs in Türkiye however, studies systematically examining the effects and effectiveness of HPP legislation together with the legal practices on socio-ecological level are limited. This study evaluates the socio-ecological crisis relationship of Türkiye's HPP issue through the effectiveness and applicability of relevant legislation. The thesis aims to contribute to the literature by systematically analyzing HPPs within the legal framework and investigating whether the expectations of being the provider of environmental protection and environmental justice imposed on the law are being met. The study adopts an interdisciplinary approach, integrating perspectives from various disciplines such as law, sociology, ecology, and politics to explore the contested dynamics between legal regulations and practices, ecological and social imperatives, and development and sustainable energy regarding Türkiye's HPP issue. Therefore, the first chapter of the thesis addresses the ecological crisis, the impotence of environmental law, and the problematic characteristics of HPPs within the context of the socio-ecological crisis. The first chapter examines ecological and social studies related to HPPs. It assesses the roles of the state, private companies, local communities and environmental activists in determining water policies and HPP projects. This assessment reveals that HPPs emerge as a significant intersection of economic development, environmental protection, social justice, and legal obligations. The second chapter critically examines the legal framework and case studies concerning HPPs to investigate the legal system's effectiveness in addressing environmental and social concerns. The examination indicates that the non-compliance of state and private companies with court decisions against their favour is a primary factor contributing to the inefficacy of law. The study was concluded by discussing the ineffectiveness of legal regulations and practices in ecological protection and environmental justice regarding the political, economic and human-centered character of the law.