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Week 1 - Int. To Law

The document provides an introduction to Maritime Law in Turkey, detailing its classification, sources, and the legal order system. It discusses the hierarchy of norms and the importance of uniformity in maritime law for predictability and reliability. Additionally, it outlines the various sources of maritime law, including international conventions and national codes relevant to Turkey.

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Cemgil Bilici
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17 views16 pages

Week 1 - Int. To Law

The document provides an introduction to Maritime Law in Turkey, detailing its classification, sources, and the legal order system. It discusses the hierarchy of norms and the importance of uniformity in maritime law for predictability and reliability. Additionally, it outlines the various sources of maritime law, including international conventions and national codes relevant to Turkey.

Uploaded by

Cemgil Bilici
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Maritime Law

Week 1
Introduction to Law
(Maritime Law in Turkey, pp.1-3)
General Overview on Maritime Law in Turkey
(Maritime Law in Turkey, pp.3-21)

Prof. Dr. Nil KULA DEGIRMENCI 1


Why Law
• Order ?

Prof. Dr. Nil KULA DEGIRMENCI 2


Classification of Order
• Social Order
– Moral Order
– Religious Order
• Legal Order

Prof. Dr. Nil KULA DEGIRMENCI 3


Legal Order
• Anglo – Saxon Law System
– No codification
– Jury
• Continental Europe Law System
– Codification
– No Jury

Prof. Dr. Nil KULA DEGIRMENCI 4


Continental Europe Law System
• Codification ; written norms governing details
• Turkey, Germany
• Codification has deficiencies?
– Modern Developments
– Amendments

Prof. Dr. Nil KULA DEGIRMENCI 5


Sources of Law
• Primary Sources (legislation / written norms)
– International Conventions
– Constitution
– Codes
– Bylaws
– Regulations
• Secondary Sources
– Doctrine
– Judicial Decisions
– General Principles of Law
– Customary Rules
Prof. Dr. Nil KULA DEGIRMENCI 6
Norm Hiearchy
• Consider art. 90, para.5 and art.148, para.1 of
Turkish Constitution
• Consider art.1, para.2 of Code on Private
International and Procedure Law
• Consider prestige
• Consider uniformity
• In the application?
– Especially in terms of Turkish maritime law!

Prof. Dr. Nil KULA DEGIRMENCI 7


Consequences of Norm Hierarchy
• Lex superior
• Less detailed explanations
• More important institutions

Prof. Dr. Nil KULA DEGIRMENCI 8


Place of Maritime Law
• Public Law?
• Private Law?

Prof. Dr. Nil KULA DEGIRMENCI 9


Classification of Law of the Sea
• Admiralty law
• Maritime law
• Marine insurance law
• Marine labor law

Prof. Dr. Nil KULA DEGIRMENCI 10


Uniformity of Maritime Law
• Why important?
• Uniformity chain
– Predictability
– Reliability
– Continuance

Prof. Dr. Nil KULA DEGIRMENCI 11


Management in Maritime Transportation

• the Ministry of Transport, Maritime Affairs and


Communication
– The Directorate General of Maritime and Inland Waters
Regulation
– The Directorate General of Marine Commerce
• the Ministry of Labor and Social Security,
• the Ministry of Agriculture and Rural Affairs,
• the Ministry of Culture and Tourism,
• the Ministry of Environment and Forestry,
• the Turkish Chamber of Shipping
Prof. Dr. Nil KULA DEGIRMENCI 12
Sources of Maritime Law
• 5th book of TCC
– ship (from art.931 to art.1060),
– owner and shipping partnership (from art.1061 to
art.1087),
– master (from art.1088 to art.1118),
– maritime contracts (from art.1119 to art.1271),
– marine accidents (from art.1272 to art.1319),
– maritime liens (from art.1320 to art.1327),
– limitation of liability and indemnification of oil pollution
damage (from art.1328 to art.1349) and
– compulsory execution (from art.1350 to art.1400)
Prof. Dr. Nil KULA DEGIRMENCI 13
Sources of Maritime Law
• Considered international Conventions while preparing TCC
– To which Turkey is Contracting state
• the International Convention on Salvage
• the International Convention on Maritime Liens and Mortgages
• the International Convention on the Arrest of Ships
• the Convention for the Unification of Certain Rules of Law with respect to Collisions
between Ships
• the Convention on Limitation of Liability for Maritime Claims
• the International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage
• the International Convention on Civil Liability for Oil Pollution Damage
• York-Antwerp Rules
– To which Turkey is not Contracting state
• the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea
• the Hague-Visby Rules
• the Hamburg Rules

Prof. Dr. Nil KULA DEGIRMENCI 14


Sources of Maritime Law
• Code on Cabotage
• Marine Labor Code
• Code on Protection of Life and Property at Sea
• Code on Environment
• Code on Turkish International Ship Register
• Code Pertaining to Principles of Emergency Response
and Compensation for Damages in Pollution of Marine
Environment by Oil and Other Harmful Substances
• Code on Right of Prize and Capture of Ships

Prof. Dr. Nil KULA DEGIRMENCI 15


Sources of Maritime Law
• By-law on Prevention of Collision at Sea
• By-law on Flag Certificates
• The Regulation on the Carriage of Dangerous Goods by
Commercial Ships
• The Regulation on Home Port Log
• The Regulation on Seafarers
• The Regulation on Construction, Alteration and Maintenance-
Repair of Ships and Water Crafts
• The Regulation on Investigation and Examination of Marine
Accidents and Cases
• The Regulation on Insurance and Auditing of Ships Related to
Maritime Claims
Prof. Dr. Nil KULA DEGIRMENCI 16

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