Uluslararası Hukukta seyrüsefer serbestliği ve deniz güvenliği
Özet
Freedom of navigation is one of the basic principles of the International Law of Sea. According to this principle, all states, whether coastal or land-locked, enjoy the right of freedom of navigation on the high seas. This principle, first, emerged as a principle of customary international law as a result of conflicting state claims for sovereignty rights on one side and freedom of the seas on the other. Then, this principle was codified in, both 1958 United Nations Convention on the High Seas, and 1982 United Nations Convention on the Law of the Sea.At the beginning, sovereignty rights of states were limited to territorial seas and adjacent belt of sea, leaving remainder of the seas subject to freedom of navigation. However, after the adoption of 200-nautical mile wide exclusive economic zone concept for the purpose of conserving the natural resources and the protection of the marine environment in 1982 United Nations Convention on the Law of the Sea, freedom of navigation was limited.Recently, especially after terrorist attacks of September 11th, the concept of ?security on seas? has gained importance. The fear of probable use of ships, which are only subject to national jurisdiction of flag state while on the high seas, for terrorist purposes caused significant security concerns. These security concerns made the review of wide range of legal tools, which could be effective from the control of sea transportation, as 90 percent of the goods traded each year is moved by ship, to security of the ports, a current issue. It was accepted in these new studies innovated by the USA that sensitive balance between the needs for preventing illegal acts on seas and principle of freedom of navigation must be preserved. However, it seems that states practice aiming at restriction of freedom of navigation due to security concerns, will probably constitute the first seeds of the conventional restrictions in the future.