Maritime Law and International Maritime Law

Maritime Law and International Maritime Law. A large part of the world’s surface is covered by seas. Seas are of vital importance for trade, energy, and security. This vast area is governed by special legal regulations. These regulations are collected under the umbrella of Maritime Law. Maritime Law shows differences in domestic law and the international arena. In this article, the fundamental concepts of Maritime Law will be examined. Furthermore, the role of international conventions will be explained in detail.

The Concept of Maritime Law

Maritime Law is the set of rules regulating relationships at sea. This branch of law is handled under two main headings. The first is referred to as Private Maritime Law. Private Maritime Law regulates issues like ship ownershipand carriage contracts. The second is known as Public Maritime Law. Public Maritime Law determines the jurisdictional areas of states. These areas include territorial waters and the continental shelf. Maritime Law aims to ensure the security of maritime activities. These activities must also cover environmental protection.

The Concept of International Law of the Sea

International Law of the Sea regulates relations between states. This law is primarily based on the United Nations Convention on the Law of the Sea (UNCLOS). This 1982 Convention is accepted as the “Constitution of the Seas”. The Convention has clarified the statuses of maritime areas. It has also defined the rights and obligations of states in these areas. These rules encourage the peaceful use of the seas. They also target the sustainable management of marine resources. The provisions of the Convention have gained universal acceptance.

Fundamental Jurisdiction Areas

International Law of the Sea has divided maritime areas into different categories. This separation determines the sovereignty and jurisdiction of states. Each area has its own specific regime. This regime is defined by the UN Convention on the Law of the Sea (UNCLOS). The jurisdiction areas follow an order expanding from land to sea. This sequencing is of great importance in international relations.

1. Territorial Sea

The territorial sea is the maritime area where the state’s sovereignty is full and absolute. This area is accepted as the territory of the state. Its width cannot exceed 12 nautical miles measured from the baselines. The state’s airspace and the seabed beneath it are also included in this scope. In this area, foreign vessels only have the right of innocent passage. Innocent passage must not be prejudicial to the peace of the country. This right is regulated by the coastal state.

2. Contiguous Zone

The contiguous zone begins immediately after the territorial sea ends. This zone can be extended up to 24 nautical milesfrom the baselines of the territorial sea. The coastal state’s sovereignty is restricted here. The state’s authorities are limited to preventing the violation of customs, fiscal, sanitary, and immigration rules. Police power is used in this zone. International traffic is left free here.

3. Exclusive Economic Zone (EEZ)

The EEZ can extend up to 200 nautical miles from the baselines of the territorial sea. The coastal state does not possess full sovereignty in this zone. Limited sovereign rights are recognized for the state here. These rights include the exploration and exploitation of natural resources. Fishing, wind, and tidal energy production are within this scope. The freedom of navigation and overflight of foreign states is protected. Submarine cables and pipelines may be laid.

4. Continental Shelf

The continental shelf refers to the natural prolongation beneath the sea. This area is subject to the sovereign rights of the coastal state. Sovereign rights are limited to the resources in the seabed and subsoil. Oil and natural gas explorations are conducted with this authority. The outer limit of the continental shelf can be determined up to 200 nautical miles. Geological criteria may allow for an extension up to 350 nautical miles. These rights do not affect the status of the waters above the shelf.

The High Seas and Regime for Use of the Seas

The high seas are not within the territorial waters or EEZ of any state. These areas are accepted as the common heritage of all nations. The high seas cannot be subjected to the sovereignty of any state. Every state can operate freely on the high seas. This freedom must not be contrary to any national or international rule. UNCLOS has regulated the use of the high seas.

Freedoms of the High Seas

Various freedoms are recognized on the high seas. These freedoms aim to ensure the peaceful use of the seas.

• Freedom of Navigation: Ships, regardless of the flag they fly, can move freely.
• Freedom of Overflight: Aircraft of all states can use the airspace over the high seas.
• Laying Cables and Pipelines: States can freely lay cables and pipelines on the seabed.
• Freedom of Fishing: Everyone has the right to fish in compliance with international rules. However, this right is limited by the conservation of resources.
• Freedom of Scientific Research: Scientific research regarding the marine environment may be conducted.

Principle of Peaceful Use of the Seas

One of the fundamental principles of UNCLOS is peaceful use. Maritime areas must be used only for peaceful purposes. States must refrain from using force against each other. Activities like nuclear weapons testing are prohibited. This principle also includes the sustainability of marine resources. Preventing marine pollution is a great responsibility.

Maritime Security and Jurisdiction

On the high seas, ships are subject to the jurisdiction of the flag state. This is called the flag state jurisdiction. Crimes committed on a ship are tried under the laws of the state whose flag the ship flies. However, other states have the right to intervene in cases like slave trade or unauthorized broadcasting. Piracy is subjected to universal jurisdiction. Combating piracy requires international cooperation.

Current Issues and Turkey’s Role in Maritime Law 

Current Disputes in Maritime Law

International Law of the Sea is the scene of various disputes. The determination of maritime jurisdiction areas is the biggest problem. Especially the delimitation of the continental shelf and EEZ boundaries cause controversies. The use of marine resources is also frequently debated. Fishing quotas and energy exploration activities lead to conflicts. The South China Sea and the Eastern Mediterranean are important examples of these disagreements. These disputes are resolved by international courts or negotiations between the parties.

Turkey’s Positioning in Maritime Law

Turkey is a country surrounded by seas on three sides. This situation places Turkey in a critical position. Turkey has not become a party to UNCLOS. Therefore, some provisions of the Convention are approached with reservations. The islands issue in the Aegean Sea is important. Disputes regarding the width of the territorial waters continue. Furthermore, the continental shelf and EEZ boundaries in the Eastern Mediterranean are of vital importance. Turkey’s rights are insisted upon in international platforms.

Protection of the Marine Environment

The protection of the marine environment is the most important responsibility today. Preventing pollution is a fundamental duty of international law. Oil spills originating from ships must be prevented. The discharge of waste into the sea is prohibited. Coastal states apply these rules within their own jurisdiction areas. International organizations work for the sustainability of marine ecosystems.

Maritime Law and International Maritime Law. Maritime Law is an indispensable field for the international system. This law serves to preserve peace and order. UNCLOS is a key reference point. However, the interests of coastal states complicate the equation. Finding just and equitable solutions is essential. Full compliance with legal rules is required.