Özet:

The concept of environmental law is the result of the destructive consequences of the Second World War on humans and nature. The right of the worship is the right of the worship. As with all other human rights, environmental rights are based on an ethical basis. But this ethical concept, parallel to the development of environmental consciousness, takes into consideration the natural life and is assessed in the extent of environmental ethics. It is possible to observe that the contents of environmental ethics are also created from a view of the "human" or the "ecosystem" which is also in the human body. The current environmental law norms appear to be largely based not on an ecosystem-centric environmental ethics, but on an human-centric environmental ethics. In the epoch of ecological crisis in which we live, as the potential destructive effects of the climate problem on life can now be predicted, environmental rights standards need to be addressed in an ecosystem-centric manner. Since man is a part of the ecosystem in terms of life, and since the ecosystems determine the future of the people, in the real sense, the human benefit actually requires that. However, it is important that all international and national environmental norms that have entered into legislation, even if human-centric, do not remain text, and may be applied. However, the ecological crisis, which is specifically characterized by the global warming/climate change issues, is increasingly deepening and shows that existing environmental rights standards are not fully applied. This article discusses the process/causes of the concept of environmental law by addressing an current environmental problem and discusses in a “political ecological” framework on which environmental ethics these norms can be based/defined.

Anahtar Kelimeler:

Özet:

The concept of environmental right has been evaluated within the scope of 3rd Generation Rights (solidarity rights), which came to the agenda as a result of the destructive consequences of World War II on humans and nature. As with all other human rights, the right to the environment is also based on an ethical basis. However, this concept of ethics includes natural life in parallel with the development of environmental awareness and is evaluated in the broader sense of environmental ethics. Again, it is possible to observe that the content of environmental ethics is formed with a perspective based on "human" and "ecosystem". It is seen that current environmental law norms are largely based on a human-centered environmental ethic, not an ecosystem-centered environmental ethic. In the age of ecological crisis we live in, since the potential destructive effects of the climate problem on life can now be predicted, environmental right norms should be addressed in an ecosystem-centered manner. This is for the benefit of humanity as well, since human beings are a part of the ecosystem with their life and the future of ecosystems determines the future of humans. However, it is important that all international and national environmental right norms that have entered the legislation, even if they are human-centered, should be implemented instead of remaining as a text. However, the fact that the ecological crisis, which became concrete with the problems of global warming / climate change, is getting deeper day by day, shows that the existing environmental right norms are not fully implemented. In this article, the formation process of the environmental right concept is evaluated by analyzing an up-to-date environmental problem. In addition, it is discussed in a "political ecological" framework on which environmental ethics these norms should be based.