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Turkish international ship registry: Purposes and outcomes
The aim of this thesis is to evaluate the Turkish International Ship Registry in the context of its purposes and outcomes. The Turkish International Ship Registry was established to 'prevent the decreasing of the Turkish fleet, to ensure that foreign owners are taxed in Türkiye by operating under the Turkish flag and to provide foreign currency inflow'. The Turkish International Ship Registry is the second registry of Türkiye and was established for similar purposes to other second ship registries. For this reason, international ship registry systems are analysed through the open registry and second registry concepts. The concept of the 'flag of convenience', which led to the emergence of second registries, is also evaluated. After this examination, the ship registries in Türkiye are briefly stated. For the purpose of the thesis, especially the National Ship Registry and the Turkish International Ship Registry, are analysed more comprehensively. In the second part of the thesis, the Turkish International Ship Registry is evaluated within the framework of the national legislation to which it is subject, its establishment purposes and its results. These evaluations have based on the criticism of legal scholars and the determination of the current situation in the context of statistical data. Following the evaluations, recommendations are presented to increase the quality and quantity of ships registered in the Turkish International Ship Registry. Although the Turkish International Ship Registry has the potential to be one of the milestones of the Turkish maritime industry, it has yet to have the expected impact in the current situation. Ensuring uniformity in practice and making the necessary legal arrangements are essential for the Turkish International Ship Registry to fulfil the purposes for which it was estanlished. In addition to these regulations, it is considered that the Turkish International Ship Registry should become a more accessible and more efficient registry in order to compete with other ship registries.
The necessity of Indonesia's measures towards vessel sinking and burning policy in combating IUU fishing in Indonesia Exclusive Economic Zone
Indonesia has burned or sunk foreign vessels to prevent illegal, unreported, and uncontrolled fishing (IUUF) in its exclusive economic zone (EEZ). Although Article 73 (1) does not explicitly (firmly) state whether or not foreign ships that violate the EEZ are sunk or burned, and the article only advises that in the event of an arrest or detention of a foreign ship and its crew, the country that made the arrest/detention must immediately notify the ship's flag state regarding the actions taken and the sanctions imposed on it, it allows coastal states to take measures that are "necessary to ensure compliance with their laws and regulations." This thesis examines the need for a sinking and burning policy to combat IUUF in Indonesia's exclusive economic zone. The thesis uses normative legal research, secondary data, and a case-relevant approach. Keywords: Necessary; IUU Fishing; Vessel Sinking Policy; Deterrence Effect.
An assessment on the link between maritime security and the marine environment
Maritime security is a term that refers to the control and protection to the sea and sea users. The threats at sea which are increasing daily are the reasons why maritime security is being given more attention during these years. At the same time, these threats negatively affect the marine environment as well. As a result, there are many international laws adopted with the purpose of tackling the issue. The aim of this thesis is to determine the common threats and analyse the link between maritime security and the marine environment, hoping to determine whether such a link exists between these two terms and how do they synchronize with each other. Other aim is to determine how does maritime security provides protection to the marine environment. Another significance for this study is because there has not so many attempts to explore the link between these two. This is because even though these two terms are in a different area to each other, it is important to determine their link as both areas face the same threats. Additionally, both of them are threatened not only by traditional threats (terrorism, piracy, etc.), but also by emerging new threats (climate change). For this study, empirical qualitative method was applied that involved the analysis of not only primary sources, but secondary sources as well. The available international laws such as the: International Convention for the Safety of Life at Sea, 1974 (SOLAS Convention), Convention for the Suppression of Unlawful Acts against Maritime Navigation, 1988 (SUA Convention) and the United Convention of the Law of the Sea, 1982 (UNCLOS) are examined in order to understand the link between them. Other sources such as states' practices, case law, etc. are also being examined thoroughly. The finding of this study shows that there is indeed a link between maritime security and marine environment. This study may also suggest that there should be deeper cross-disciplinary research on these two areas in order to effectively mitigate the threats on both maritime security and the marine environment.