Uluslararası hukukta deniz alanlarının sınırlandırılması gelişmeleri ve Türkiye'nin deniz alanlarının sınırlandırılması
Özet
Koç, Mustafa, Delimitation of Maritime Areas in International Law and Delimitationof Turkey?s Maritime Areas, PhD Thesis, Advisor: Prof.Dr. Sertaç Hami Başeren,408 p.This study is designed to focus attention upon what principles and rules ofinternational law for delimitation of maritime boundaries are applicable innowadays. For this aim the purpose is to make a comprehensive chronologicalproceedings of delimitation law. To reflect all delimitation issues, from thebeginning of delimitation studies since International Law Commission Sessionsbefore 1958 Conference, 1958 Continental Shelf Convention and 1982 UNCLOShas been evoluated and especially delimitation of maritime boundaries studied as acase law. Two major rules and principles of delimitation issues analysied carefullyand all the decisions of ICJ and international tribunals are evaluated to expressequitable principles and relevant circumstances.International maritime boundary decisions is addressed to fundamentalmaritime boundary law, practice and procedure. The decisions carry forward thecommon law approach to that law. They mark important advances and refinementsin the law, which in turn will promote the settlement of maritime boundary issues.And also they made concrete understandings of rules and principles which wereabstract in the convention law. From this progress, this study makes a proposalwhich firmly emphasize equitable principles in accordance with all relevantcircumstances through the delimitation areas for the Aegean and EasternMediterranean Sea. First, it requires a provisional equidistance line and adjuststhat line as relevant circumstances involvement. The undelimited maritime areasof Turkey can be delimited with single line as considering sea lanes, securityissues, non-encroachment of coasts, islands and maximum reach principles ofrelevant circumstances.This proposal is not just for a tribunal or court solution. This proposalconsiders the progress of international maritime delimitation law and can be usedfor both aggrement and third party solutions.