Adalet Dergisi

Abstract

Climate change is a global phenomenon and seriously affects our whole world, human life and life on earth and it’s quality. The international community has made various agreements and works and efforts have been carried out in the context of mitigating climate change and combating climate change. In addition, in recent years, applications have been made to some courts or committees, which are the monitoring bodies of international human rights conventions, on the grounds that the state parties have violated their obligations under the protection of human rights and freedoms of persons outside their borders on the grounds that they have not taken or neglected the measures to be taken to reduce greenhouse gas emissions that cause climate change. In the context of the impact of climate change, which is a global phenomenon and the result of the contribution of all states in the world, on human rights, the question of whether a state party to a particular convention has extraterritorial jurisdiction has come to the fore as a question of admissibility that must be resolved first. In this context, the Inter-American Court of Human Rights issued an advisory opinion, the UN Committee on the Rights of the Child issued various opinions within the scope of individual communications and the European Court of Human Rights issued some decisions and a judgment within the scope of individual applications. In this study, these opinions and rulings are analyzed in the context of the state's ektraterritorial jurisdiction, taking into account the principles of public international law.