Kapalı ve Yarı-Kapalı Denizlerde İşbirliği ve Akdeniz

Abstract

The concept of enclosed or semi-enclosed seas, as a result of the discussions at the United Nations Third Conference on the Law of the Sea, is set out in articles 122 and 123 under Part IX, called ‘Enclosed or Semi-Enclosed Seas’, of United Nations Convention on the Law of the Sea. While Article 122 defines the concept, Article 123 regulates the duty to cooperate to be carried out by coastal states in enclosed or semi-enclosed seas. However, there are some uncertainties in terms of the imperative nature of Article 123 and the scope of the duty to cooperate to be applied. In addition, the areas of cooperation set out in the article are already regulated in the relevant articles of the Convention. Therefore, it cannot be said that the Convention creates a new area of cooperation in terms of cooperation in enclosed or semi-enclosed seas. On the other hand, there are some problems faced by the coastal states in such areas that are not included in the scope of the regulation. The extension of maritime jurisdiction areas and exploration and exploitation of natural resources are prominent issues among these problems. The settlement of these issues will be carried out in the general rules of the Convention. In this study, it is aimed to present a critical approach to the concept of enclosed or semi-enclosed seas set out in Articles 122 and 123 of the Convention. As an enclosed or semi-enclosed sea, the Mediterranean is considered to be one of the regions where these cooperation mechanisms are best applied. The nature of the Mediterranean as an enclosed or semi-enclosed sea and the cooperation mechanisms carried out in this sea area have been scrutinized in this respect. Moreover, maritime jurisdiction areas and natural resource-based disputes that hinder the cooperation environment in the Mediterranean are also included. The concept of enclosed or semi-enclosed seas and the duty to cooperate set out in this context were examined in terms of Türkiye, and Türkiye’s attitude at the Conference was emphasized.