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Aytaç Yüksel - Duygu Barut

environmental law (Sands 2007:315). For the settlements of the disputes, there
is an obligation to use other areas of law such as especially commercial law
and human rights law, besides international environmental law.
As a result of the raising awareness for environmental problems and the
development of national and international law, the number of judicial and
quasi-legal bodies, where environmental disputes can be resorted, is also
increasing (Skalar 2015:85). While the International Court of Justice was the only
permanent judicial body until 1946; many judicial and quasi-legal bodies have
been established since 1946, including the International Court of Maritime Law
and arbitration courts, the panel and Appeal Body of quasi-legal bodies under
the Agreement Establishing the World Trade Organisation, the European
Court of Human Rights, the Inter-American Court of Human Rights, the African
Commission on Human and Peoples’ Rights as a quasi-legal body, and the
International Center for Settlement of Investment Disputes (Skalar 2015:86).
The number of environmental disputes encountered by the mentioned
judicial and quasi-legal bodies is increasing gradually. The relationship
between the principles of environmental protection and other areas of law
is regulated by the judicial opinions, while references are made directly or
indirectly to the principle of sustainable development and its principles are
determined.
2.4. Sustainable Development in Doctrine
The studies conducted in the field of sustainable development in the
doctrine are positioned between two opinions that assert that sustainable
development goes no further than being a desired goal and that the sustainable
development is considered as a norm that is part of international law. Today,
the prevailing opinion in the doctrine is that sustainable development
concept has a normative value as a result of being adopted by various states
and international organisations and being considered in decision-making
processes (Skalar 2015:87).
As it was mentioned in the dissenting vote in Judge Weeramantry’s
Gabcikovo-Nagymaros Project case; development and environmental law are
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considered to be two very important areas of law. According to Weeramantry,
who argues that harmonization of development and environmental protection
goals is possible only with sustainable development and has a great share
in the importance of sustainable development in doctrine, sustainable
development is regarded a part of modern international law (Voigt 2009:175).
Based on the recognition of this view, sustainable development should be
taken into account by all states, regardless of their level of development.
According to Weeramantry, in line with Article 38 of Statute of International
Court of Justice, principles of general law are part of international law (Boyar

54 Journal of Environment, Urbanization and Climate