Kapalı ve yarı kapalı denizlerin hukuksal rejimi

Abstract

ABSTRACT The developments in the law of the sea are very important for a country like Turkey, which is surrounded by seas from three sides and which has strategically important straits. In the context of this thesis the legal regime of enclosed and semi-enclosed seas which can be regarded as one of the examples of these developments is analysed. Taken into consideration the relation of the concept `region` with enclosed and semi-enclosed seas, the first chapter points out the differences of types of regions; Afterwards this part deals with enclosed and semi-enclosed seas as an example of geographical regions with regard to the doctrine of international law and the regulation procedure under positive law. As the possibility of regionalization in law of the sea is higher in enclosed and semi- enclosed seas, the `regionalization` concept is much more emphasized. The second chapter evaluates the legal regime of enclosed and semi-enclosed seas as it is regulated in 1982 United Nations Convention on the Law of the Sea. The concept of enclosed and semi- enclosed seas is regulated by two articles in the above mentioned -93-âğretim Dokümantasyon Merkszf convention. In Article 122 only the definition of enclosed and semi- enclosed seas is made and Article 123 regulates the principle of co operation between states bordering the enclosed and semi-enclosed seas, in connection with living resources, preservation of the marine environment and scientific research. The following chapter presents that the seas which surrounds Turkey (the Mediterranean, the Eagean and the Black Sea) are semi- enclosed seas under the Article 122 of the said convention. The existing fields of international co-operation and current disputes in these seas are discussed within the limitations of the references. The regulation of enclosed and semi-enclosed seas in a universal convention such as 1982 United Nations Convention on the Law of the Sea is a sign of approval of these seas as special circumstances with regard to other parts of the world oceans by the international community. As a concluding remark, it can be stated that, this example of the gradual development of international law is vitally important for Turkey both for her interests in the Eagean and for the possibility that this development has prepared the ground for further developments on this concept. -94-