TY  - JOUR
TI  - STRENGTHENING ENVIRONMENTAL SOFT LAW COMMITMENTS WITH THE PRINCIPLE OF PACTA SUNT SERVANDA
AB  - The principle of pacta sunt servanda is a principle applied in both Roman law and international law. The significant difference in practice between these two disciplines is based on the judicial field in Roman law and the normative field in international law. Our study deals with the Roman law principle of pacta sunt servanda in the first chapter, and the international law principle of pacta sunt servanda in the second chapter. Theoretical discussions on ensuring the binding ground of the commitments are covered in the third chapter. While examining the different approaches, our study relates pactums that do not have a normative value in Roman law, but that are judicially recognized, with today’s environmental soft law commitments. In the nuisance-based environmental law approach, the basis for judicial consideration is presented as environmental exigencies. Thus, it is aimed to lay the groundwork for judicially binding environmental soft law commitments.
AU  - Nacar, Abdulkadir
AU  - ERKINER, HAKKI HAKAN
PY  - 2022
JO  - Galatasaray  Üniversitesi Hukuk Fakültesi Dergisi
VL  - 0
IS  - 1
SN  - 1303-6556
SP  - 231
EP  - 264
DB  - TRDizin
UR  - http://search/yayin/detay/1112395
ER  -