Posted: February 15th, 2023

Legal analysis of national law on wrecks and abandoned ships in Turkish waters within the international legal framework

Abandoned ships and wrecks in Turkish waters have been a topic of discussion for quite some time. As a coastal state, Turkey is responsible for regulating and enforcing laws on abandoned ships and wrecks in its waters. This article will provide a legal analysis of the national law on wrecks and abandoned ships in Turkish waters within the international legal framework.

II. Background

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Abandoned ships and wrecks pose a serious threat to the marine environment, navigation, and the safety of the public. In 2007, the International Maritime Organization (IMO) adopted the Nairobi International Convention on the Removal of Wrecks, which established a legal framework for the removal of wrecks from coastal states' waters. Turkey is not a party to this convention. However, as a member of the United Nations Convention on the Law of the Sea (UNCLOS), Turkey has obligations to regulate and remove abandoned ships and wrecks in its waters.

III. National Law on Wrecks and Abandoned Ships in Turkish Waters

Turkey has a comprehensive legal framework for dealing with abandoned ships and wrecks. The Law on Ports and Maritime Organization No. 4490 and the Regulation on Ports and Coasts provide the legal basis for the removal of abandoned ships and wrecks in Turkish waters. The Turkish Coast Guard, as the responsible authority, has the power to remove abandoned ships and wrecks in Turkish waters.

The law requires shipowners to obtain insurance or provide a financial guarantee to cover the costs of removing their ships in case of abandonment. If a ship is abandoned, the Turkish Coast Guard can take measures to remove the ship and can sell the ship to recover the costs of removal.

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IV. International Legal Framework

As a member of UNCLOS, Turkey has obligations to regulate and remove abandoned ships and wrecks in its waters. Article 235 of UNCLOS states that coastal states shall take measures to prevent, reduce, and control pollution from ships and shall take necessary measures to ensure that vessels in their ports and waters comply with international regulations.

Furthermore, the International Convention for the Prevention of Pollution from Ships (MARPOL) requires coastal states to take measures to prevent, reduce, and control pollution from ships. This includes the removal of abandoned ships and wrecks in their waters.

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Abandoned ships and wrecks pose a serious threat to the marine environment, navigation, and the safety of the public. As a coastal state, Turkey has a comprehensive legal framework for dealing with abandoned ships and wrecks in its waters . While Turkey is not a party to the Nairobi International Convention on the Removal of Wrecks, it has obligations under UNCLOS and MARPOL to regulate and remove abandoned ships and wrecks in its waters. The Law on Ports and Maritime Organization and the Regulation on Ports and Coasts provide the legal basis for the removal of abandoned ships and wrecks in Turkish waters. The Turkish Coast Guard has the power to remove abandoned ships and wrecks in Turkish waters and can sell the ship to recover the costs of removal. It is essential that Turkey continues to enforce these laws to protect the marine environment and ensure the safety of navigation in its waters.

References:

International Maritime Organization. (2007). Nairobi International Convention on the Removal of Wrecks.
Law on Ports and Maritime Organization No. 4490.
Regulation on Ports and Coasts.
United Nations Convention on the Law of the Sea.
International Convention for the Prevention of Pollution from Ships (MARPOL).

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