Master'sOpen Access

Activities of foreigners in turkish coast, ports and territorial waters in the Turkish Law on Foreigners

2012
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Advisor: Prof. Dr. Feriha Bilge Tanrıbilir

Abstract (EN)

Since the subject of the study is related to the commercial activities of the foreigners in Turkish coast, port and territorial waters and because it is necessary to determine the scope and content of the rights that the foreigners who shall display activities in this field can enjoy; first of all, the legal status of the foreigners have been dealt with and focus has been placed on the concept of foreigner, general principles of the Turkish law on the foreigners and Constitutional principles.The Turkish Constitution has accepted the principle of equality as a principle. However, since the fundamental rights and freedoms can be constrained for the foreigners in line with the international law pursuant to the provision in the Article 16 of the Constitution, certain laws such as notably the Cabotage Law, Law Related to Residence and Travel of Foreigners in Turkey, Law on Work Permits for Foreigners, Law on Military Forbidden Zones and Security Zones provide some limitations for foreigners.Under the scope of the Turkish Law on Foreigners and these limitations stipulated, the working conditions of the foreigners working with regard to the Turkish coasts, ports and territorial waters have been examined within the framework of the relevant legislation.In addition to this, after giving detailed information on the marine vessels, by which the Foreigners perform their commercial activities at the Turkish coasts, ports and territorial waters, and types and properties of such vessels along with the definitions, the nationality of the vessel, its registration and flag have been in an interconnected way investigated in terms of differentiating the Turkish vessels and foreign vessels because the Cabotage Law entitles the right of performance of commercial activities and application of art within the Turkish coasts, ports and territorial waters to the Turkish citizens and specifically Turkish flagged vessels, and restricted the same for the foreigners.The last part of our study deals with the incentive, exemptions, exceptions and rights set forth in the Law on Direct Foreign Investments, the Law for the Encouragement of Tourism, and the Chapter Four of especially the Law for the Encouragement of Tourism titled "Sea Tourism" to the favor of the foreigners seeking to do investment and/or operations and business "within the Turkish coasts, ports and territorial waters in addition to the limitations imposed on the foreigners by the Cabotage Law.

Author

Cihan Gönen

How to Cite

Cihan Gönen (Master Thesis). Activities of foreigners in turkish coast, ports and territorial waters in the Turkish Law on Foreigners, 2012, Gazi University.

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