The Source of the Obligation to Transboundary Environmental Impact Assessment in Turkey Gap Project

Turkey, as an upstream state in the Tigris and Euphrates Basin, has initiated a project called Southeast Anatolia Project (GAP) since 1936. It has begun to build numerous dams and hydroelectric power plants on the Tigris and the Euphrates River since 1977. Considering that the implementation of this project has had and will have numerous environmental, social and economic impacts on the surrounding countries i.e., Iraq, Syria and Iran and according to experts, Turkey has not performed the environmental impact assessment process of this project correctly, the question is whether Turkey has a binding international obligation from the international law perspective to implement its commitment to environmental impact assessment. The results of this article show that, given to the international documents and procedures, today's commitment to conduct environmental impact assessment in projects that have the potential to create significant transboundary damage has been known as a mandatory customary commitment and it is necessary for all countries. Thus, Turkey was also obliged to carry out this task in the implementation of the Gap project, which by failing to comply, it has international responsibility.