Kyoto Protocol and “deforestation”: A legal analysis on Turkish environment and forest legislation

Abstract

Today, one of the most important environmental issues that pose international threats is global warming and, as a result, climate changes. As a result of the researches led by developed nations to detect adverse effects of human-originated greenhouse gas emissions, which have already reached dangerous levels in the atmosphere, on the climate system, the need to take global action about this matter has been revealed. Kyoto Protocol, which is adopted in 1997 and now considered as the most significant international effort ever made to minimize the effects of global warming and climate changes, is of great importance for determining the obligations to reduce greenhouse gas emissions and the applicable mechanisms. After a long process, Turkey has become a party to Kyoto Protocol in 2009 and thus undertaken the obligations stipulated for the parties thereto. In the present study, “deforestation” has been picked out of the five driving factors of the said Protocol due to importance of forests as significant carbon sinks, and adequacy of Turkish environment and forest legislation relating to this matter has been analyzed. Purpose of this study is to assess, under the title of “deforestation”, Turkish environment and forest legislation with respect to achievement of Kyoto Protocol's goal and to reveal deficiencies of this legislation, and according to the results of such assessment, to make suggestions for Turkey's fulfillment of its obligations mentioned above. As a result of the general assessment made in the light of all data above on Turkish environment and forestry legislation with respect to deforestation, we can say that this legislation is currently cannot be considered as adequate to fulfill the obligations under Kyoto Protocol. However, this does not mean that the norms are wholly negative and inadequate. Having signed Kyoto Protocol short time ago, Turkey has not undertaken any responsibility for the first period of obligations, but will be subject to the next period of obligations. The first step to fulfill the obligations under the Protocol is to revise the existing legal arrangements, to determine their gaps and to begin working to ensure that the legislation will be adequate to fulfill the obligations to be imposed during the second period of obligations.