Türkakımı Projesinin Hukuki İncelemesi

Authors : Ahmet DINLEYICI

Pages : 31-45

Doi:10.33629/auhfd.854833

View : 18 | Download : 6

Publication Date : 2021-05-07

Article Type : Research Paper

Abstract :Gas pipeline projects are still significant projects as natural gas is increasingly used in electricity generation and LNG is not still cheaper option for most of the countries. Even though pipeline projects are being constructed widely all over the world, there is not parallel advancement in international pipeline legal regime. Turkstream, as one of the latest pipeline projects, clearly shows this lack of unified legal regime whereby the legal regime of Turkstream consists of the intergovernmental agreement (IGA) between Turkey and Russia, host government agreements and some provisions of other international treaties. Considering possible the lack of consistency between legal regimes of different projects, Energy Charter Secreteriat has prepared the model intergovernmental agreement in order to ensure consistency between different IGA’s. In line with this model agreement, in this paper, some prominent institution reports, books and journal articles are used for analysing the legal framework of Turkstream and afterward its consistency with the model agreement is examined in order to assess its strengths and shortcomings. It is found that the legal regime of the Turkstream project is sound and mostly consistent with the model agreement, but lack of some provisions could also bring some problems during the implementation of the project.
Keywords : Transboundary Pipelines, Turkstream, IGA, Energy Charter Treaty, UNCLOS