All Creatures Constituting Ecosystem from the Ecological Law Point of View

Abstract

Introduction: The 56th article of the 1982 Constitution guarantees that the right to life is secured and that the right to live in a balanced and healthy environment is guaranteed. Sustainable development and clean environment are kept the most important thing to form environmental law by accepting the relevant article in constitution as the basis. Since 1970, our country is more concerned about environmental problems, and some measures have been taken and regulations have been made in order to solve environmental problems. When existing regulations are examined, it has seen that the ecological rights are regulated around the human factor. In this study, we have discussed and made suggestions about the ecological place of all the ecosystem organisms, the rights they have in the ecosystem and the necessity of ecological law as a new arrangement in this frame.

Material and Methods: The first phase of the study formed by the emergence of the environmental right that forms the basis of the work and also searching for common stakeholders around the world to solve environmental problems. Then the history and scheduled changes in the regulation of environmental rights in Turkey were examined. It has been tried to determine the reasons for innovations and changes in regulations. In second phase of the study, the ecological rights in terms of law have been tried to be revealed in the light of related provisions and regulations. After that, the extent to which all living creatures that constitute the ecological system are secured in the legal regime in order to ensure their preservation and continuity in the legal system has been examined. Finally, it has been discussed what is the concept of ecological law and what extent it can contribute to the preservation of living beings and the maintenance of their sustainability. In this study local and foreign researches are examined as well as exemplary judicial decisions by the Council of State and the Supreme Court of Appeals have been evaluated.

Results: Nature is there with all living creatures. The ecological system is based on a balance and is not static. Changes in ecological order over time should be taken into consideration in order not to disturb the natural equilibrium. Changes in ecology should be taken into account when determining policies that directly or indirectly affect nature, such as the environment, energy, and tourism. Continuing increase in human population, urbanization, industrialization, as well as the fact that the human beings constantly in demand from the nature, faces the danger of disappearing the green and the clean environment. Therefore, it must be recognized that the destruction of this equilibrium, which is important in establishing and maintaining the ecological balance of all living things in the ecosystem, will cause great destruction and protection measures should be organized in such a way as to protecting while using, rather than to use first and then protect them.

Keywords: Environmental rights, Plants and animals, Ecological law, Legislation