Master'sOpen Access

Ship nationality in Turkish law

2022
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Advisor: Doç. Dr. Kübra Yetiş Şamlı

Abstract (EN)

Ships have the nationality of the state whose flag they are entitled to fly. In Turkish law, the right to fly the Turkish flag has been regulated in two separate cases as having the right to fly the flag and using this right and has been subjected to different conditions. According to the Turkish Commercial Code art. 940, Turkish ships have the right to fly the Turkish flag. The conditions under a ship will be accepted as a Turkish ship, based on the owner of the ship; are regulated under different conditions in terms of natural and legal person ship owner. The registration of the ships that meet these conditions, and are considered Turkish ships, to the National Ship Registry is explanatory in terms of the right to fly the flag. According to TCC art. 940, non-Turkish ships can fly the Turkish flag, TCC art. 941 is stipulated in the Turkish International Ship Registry Law and Home Port Registry Implementation Regulation. In terms of Turkish International Ship Registry Law and Home Port Registry Implementation Regulation, the registration of ships in the Turkish International Ship Registry or Home Port Registry is, in principle, constitutive for the right to fly the Turkish flag. While the flag state gives certain rights to the ships flying its flag, it ensures the control of these ships for the safety of life, property and environment at sea. The most important privilege of being a Turkish ship is the right to cabotage. However, Turkish ships can register in National Ship Registry, Turkish International Ship Registry and Home Port Registry.

Author

Dr. Makbule Altındal

How to Cite

Makbule Altındal (Master Thesis). Ship nationality in Turkish law, 2022, İstanbul University.

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