International Maritime Law Practices and Their Reflections in Turkey

A Comprehensive Legal and Comparative Analysis by Shiprights Law & Consultancy

I. Introduction

The maritime industry is governed by a sophisticated interplay between international legal norms and domestic maritime regimes. As international shipping constitutes the cornerstone of global trade, international maritime law has developed into one of the most harmonized and well-structured fields of public and private law. International conventions, soft law instruments, and customary practices collectively regulate the rights, duties, and liabilities of both state and non-state actors engaged in maritime activities.

Turkey, as a maritime nation with over 8,000 kilometers of coastline and sovereign control over critical international straits such as the Bosporus and the Dardanelles, occupies a vital geostrategic and legal position. Accordingly, Turkish maritime law reflects a hybrid structure: rooted in international norms, guided by European models, and shaped by national interests.

This article offers an in-depth legal evaluation of the international maritime law framework and analyzes how it is interpreted, incorporated, and enforced under Turkish law. It further examines the legal remedies available to maritime actors operating in or through Turkey and provides expert legal insight for shipowners, operators, and other stakeholders.

II. The Foundations of International Maritime Law

International maritime law comprises a combination of public and private law elements:

• Public International Law of the Sea: Governs inter-state relations concerning maritime zones, navigational rights, marine resources, and environmental preservation.

• Private Maritime Law: Regulates commercial transactions, carriage of goods, marine insurance, collisions, and salvage operations.

The core legal instruments include:

1. United Nations Convention on the Law of the Sea (UNCLOS, 1982)

Widely recognized as the “Constitution of the Oceans,” UNCLOS establishes the legal status of maritime zones (territorial sea, EEZ, high seas), sovereign rights, jurisdictional boundaries, and freedom of navigation.

2. IMO Conventions:

• SOLAS (1974): Establishes minimum safety standards for vessel construction, equipment, and operation.

• MARPOL (1973/78): Sets regulatory limits on pollution from ships, covering oil, sewage, garbage, and air emissions.

• STCW (1978): Harmonizes training and certification requirements for seafarers.

• MLC (2006): Protects seafarers’ rights and regulates working conditions.

3. Liability and Compensation Regimes:

• CLC Convention (1969/92): Civil liability for oil pollution damage.

• HNS Convention (2010): Liability for hazardous and noxious substances.

• LLMC (1976/96): Limitation of shipowners’ liability.

4. Carriage of Goods by Sea:

• Hague-Visby Rules (1968), Hamburg Rules (1978), Rotterdam Rules (2008): Establish contractual liability of carriers and limitation provisions regarding loss or damage to goods.

III. The Incorporation of International Maritime Law into Turkish Legal System

Turkey is a party to most of the major maritime conventions, and its domestic maritime law regime mirrors international standards while retaining specific national characteristics. The primary legal texts include:

1. Turkish Commercial Code (TCC) No. 6102 – Book V

The TCC is the cornerstone of Turkish private maritime law, encompassing vessel ownership, registration, liens and mortgages, carriage contracts, general average, collisions, salvage, charterparties, and marine insurance.

2. Environmental Law No. 2872

Implements MARPOL standards in national law and authorizes administrative penalties, vessel detention, and criminal prosecution for marine pollution offenses.

3. Port State Control (PSC) Regulations

Turkish port authorities have adopted the Paris MoU standards and conduct inspections to ensure foreign-flagged vessels meet international safety, environmental, and labor standards.

4. Cabotage Law No. 815

Protects the domestic shipping market by reserving coastal trade and port operations for Turkish-flagged vessels and Turkish citizens.

5. Bosphorus and Dardanelles Regime

Governed by the Montreux Convention (1936) and supplemented by national regulations, Turkey controls vessel passage through the Turkish Straits while balancing its international obligations with environmental and navigational safety considerations.

IV. Reflections in Practice: Selected Legal Themes

1. Jurisdictional Complexities in Turkish Waters

Turkey exercises full jurisdiction in its territorial sea (12 nm) and has functional jurisdiction over the Turkish Straits. However, it has not ratified UNCLOS due to geopolitical sensitivities in the Aegean and Eastern Mediterranean. Nonetheless, Turkish courts and administrative bodies often apply UNCLOS provisions as lex generalis in matters not specifically regulated by national law.

2. Ship Registration and Flagging Requirements

Vessels may be registered under the Turkish flag only if owned by Turkish citizens or companies incorporated under Turkish law. Registration provides access to Turkish cabotage rights, the Turkish International Ship Registry (TUGS), and the ability to limit liability under the TCC and LLMC.

3. Marine Environmental Enforcement

Turkey has adopted a zero-tolerance policy against pollution in inland and coastal waters. Pollution fines are calculated based on pollutant type and gross tonnage. Offending vessels may be detained until fines are paid, creating strong compliance incentives.

4. Limitation of Liability and Fund Establishment

Shipowners may invoke liability limitation under the LLMC 1976 (as amended by the 1996 Protocol), provided they establish a limitation fund at a Turkish court. Turkish law allows parties to contest limitation rights in cases of proven reckless conduct.

5. Collision, Salvage, and General Average

Turkish courts apply the International Regulations for Preventing Collisions at Sea (COLREGs) and the 1989 Salvage Convention principles. Salvage rewards, fault apportionment, and general average contributions are calculated per TCC and York-Antwerp Rules, where contractually incorporated.

V. Legal Remedies and Enforcement Options in Turkey

1. Ship Arrest and Maritime Liens

Turkey is a party to the 1999 Arrest Convention, allowing creditors to arrest vessels in Turkish ports for a range of maritime claims (e.g., crew wages, bunker supply, charter hire). Arrest may be sought ex parte and serves as an effective security measure.

2. Judicial and Arbitral Proceedings

Disputes may be brought before Turkish commercial courts or resolved through arbitration under ISTAC or ad hoc rules. Turkish courts recognize foreign arbitral awards under the 1958 New York Convention, provided procedural requirements are met.

3. Precautionary Injunctions

In urgent cases, Turkish courts may grant interim relief, such as bank account freezes, cargo retention orders, or operational bans on offending vessels.

4. Administrative Appeals

Administrative penalties imposed by port or environmental authorities can be challenged before administrative courts within specific time limits.

VI. Turkey’s Role in the Future of Maritime Law

As maritime trade transitions into a digital and decarbonized future, Turkey faces emerging legal challenges, including:

• Green Shipping Compliance: Turkey is aligning with IMO’s GHG strategy and revising domestic emission controls.

• Digitalization and Cybersecurity: Legal gaps remain regarding shipboard data protection and cyberattack liabilities.

• Maritime Autonomous Surface Ships (MASS): Regulatory adaptations are required to integrate autonomous shipping into Turkish waters.

• Geopolitical Disputes and EEZ Claims: Turkey’s offshore activities in the Eastern Mediterranean may necessitate new legal strategies for resource delimitation and conflict prevention.

Conclusion and Legal Advisory

The harmonization of Turkish maritime law with international norms has enhanced Turkey’s position as a secure and modern maritime jurisdiction. However, the complex interaction between international instruments and national regulations creates legal uncertainty for foreign and domestic maritime stakeholders alike.

Navigating these complexities requires not only knowledge of law but also deep familiarity with the nuances of maritime operations and enforcement practices in Turkey.

Shiprights Law & Consultancy, headquartered in Istanbul, is a specialized law firm exclusively dedicated to maritime and admiralty law. We assist shipowners, charterers, insurers, P&I Clubs, operators, port agents, and cargo interests with comprehensive legal services, including:

• Arrest and Release of Ships in Turkish Ports

• Charterparty and B/L Dispute Resolution

• Marine Pollution Defense and Compliance

• Salvage, Towage, and General Average Claims

• Regulatory Counseling and Port State Matters

• Litigation before Turkish Courts and Maritime Arbitration Panels

• Establishment of Limitation Funds under LLMC

With unparalleled knowledge of both international maritime law and its practical implementation in Turkey, Shiprights stands as your trusted legal partner in all seas.

🔹 Shiprights Law & Consultancy
🌐 www.shiprights.com
📍 Istanbul, Turkey

“Shaping maritime law, securing your voyage.”