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Development of maritime policy through bilateral arrangements PDF

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World Maritime University The Maritime Commons: Digital Repository of the World Maritime University World Maritime University Dissertations Dissertations 2007 Development of maritime policy through bilateral arrangements : trade and crewing aspects Özlem Mulun World Maritime University Follow this and additional works at:http://commons.wmu.se/all_dissertations Part of theEconomic Policy Commons Recommended Citation Mulun, Özlem, "Development of maritime policy through bilateral arrangements : trade and crewing aspects" (2007).World Maritime University Dissertations. 422. http://commons.wmu.se/all_dissertations/422 This Dissertation is brought to you courtesy of Maritime Commons. Open Access items may be downloaded for non-commercial, fair use academic purposes. No items may be hosted on another server or web site without express written permission from the World Maritime University. For more information, please [email protected]. WORLD MARITIME UNIVERSITY Malmö, Sweden DEVELOPMENT OF MARITIME POLICY THROUGH BILATERAL ARRANGEMENTS: TRADE AND CREWING ASPECTS By ÖZLEM MULUN Turkey A dissertation submitted to the World Maritime University in partial fulfilment of the requirements for the award of the degree of MASTER OF SCIENCE In MARITIME AFFAIRS (MARITIME LAW AND POLICY) 2007 © Copyright Özlem MULUN, 2007 DECLARATION I certify that all material in this dissertation that is not my own work has been identified, and that no material is included for which a degree has previously been conferred on me. The contents of this dissertation reflect my own personal views, and are not necessarily endorsed by the University. (Signature): …………………. (Date): 27 August 2007 Supervised by: Professor Proshanto K. Mukherjee World Maritime University Assessor: Maximo Q. Mejia Jr. Assistant Professor Institution/Organization: World Maritime University Co-assessor: Institution/Organization: i ACKNOWLEDGEMENTS The writing of a dissertation can be a lonely and isolating experience, yet it is obviously not possible without the personal and practical support of numerous people. Thus my sincere gratitude goes to my supervisor, my parents, my friends for their support, and patience during my research on my dissertation. I would especially like to gratefully and sincerely thank my supervisor, Professor Proshanto K. Mukherjee for inspiring and encouraging me with his advice, guidance, direction, understanding and enthusiasm during the research and writing of my dissertation. I would like to thank the WMU library staff for assisting me with the collection of relevant source materials for my dissertation. Without them this research would have been most difficult. I extend many thanks to my colleagues and friends, for their support and encouragement. I also gratefully thank my family: my parents, Mehmet & Cezanur Mulun, my grandparents, Mehmet & Salime Arslantas and my siblings for their love, support and encouragement which helped me during the course of my postgraduate degree studies and this dissertation. Last but not least, I would like to take this opportunity to thank all my Professors during my studies at World Maritime University. Thank You. ii ABSTRACT Title of Dissertation: Development of Maritime Policy through Bilateral Arrangements: Trade and Crewing Aspects Degree: MSc This dissertation is a study of the bilateral arrangements within the context of shipping but limited to two of its aspects namely maritime trade and crewing of ships. Shipping in the modern context is the primary instrument for the conduct of global trade. It is thus no coincidence that trading nations are compelled to place maritime policy at a relatively high position on their national agendas. Since maritime matters are inherently international in character and shipping is recognizably a global business, national maritime laws need to be compatible with and reflect the international maritime regimes developed through cooperation among states with maritime interests. In order to establish uniformity, the international maritime community constantly deliberates on the development of international legal regimes. Sometimes multilateral efforts are made through regional arrangements among states with common maritime interests based on geographical location, economic and social commonalities and with a view to establishing comity and good neighbourliness in the hope of enhancing their respective national maritime interests. In other instances states, irrespective of regional or global considerations, find it in their national interests to enter into bilateral relationships. There are multifarious reasons why states would choose bilateralism over regionalism in relation to particular maritime issues. The central object or purpose of this work is to examine the role of bilateralism in the development of national maritime policy and the impact and influence of bilateral maritime arrangements on regional interests. In particular, a number of bilateral agreements between Turkey and some of its neighbouring states in relation to maritime trade and crewing of ships have been analyzed critically. Finally, it is recommended that policy-makers at various levels continue to keep abreast of technical and socio-economic developments in the maritime field and reformulate their maritime policies accordingly. KEYWORDS: Regionalism, Bilateralism, Maritime Policy, Maritime Trade, Maritime Transport, Crewing of Ships. iii TABLE OF CONTENTS DECLARATION.........................................................................................................................................I ACKNOWLEDGEMENTS......................................................................................................................II ABSTRACT...............................................................................................................................................III TABLE OF CONTENTS.........................................................................................................................IV LIST OF ABBREVIATIONS..................................................................................................................VI CHAPTER 1 INTRODUCTION.............................................................................................................1 CHAPTER 2 BILATERALISM VERSUS REGIONALISM...............................................................5 2.1 REGIONALISM AND REGIONAL ORGANIZATIONS.................................................................................5 2.2 IMPORTANCE OF REGIONALISM FOR LITTORAL STATES......................................................................8 2.3 REGIONAL MARINE ENVIRONMENTAL ORGANIZATIONS...................................................................10 2.3.1 Helsinki Commission (HELCOM)............................................................................................10 2.3.2 Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC)....................................................................................13 2.3.3 Regional Organization for the Protection of the Marine Environment (ROPME)...................16 2.3.4 The Black Sea Commission......................................................................................................17 2.4 THE BLACK SEA AS A FRAMEWORK OF REGIONAL COOPERATION....................................................19 2.5 ADVANTAGES AND DISADVANTAGES OF REGIONALISM...................................................................20 2.5.1 Political Uses of Regionalism..................................................................................................20 2.5.2 Advantages of Regionalism......................................................................................................22 2.5.3 Disadvantages of Regionalism.................................................................................................23 2.6 THE IMPORTANCE OF REGIONALISM AND BILATERALISM FOR DETERMINATION OF NATIONAL MARITIME POLICY..................................................................................................................................24 CHAPTER 3 BILATERALISM, INTERNATIONAL TRADE AND NATIONAL MARITIME POLICY: INTERRELATIONSHIPS...............................27 3.1 INTRODUCTORY REMARKS................................................................................................................27 3.2 INTERNATIONAL TRADE AND ITS CONTRIBUTION TO THE MARITIME SECTOR..................................28 3.3 BILATERALISM..................................................................................................................................30 3.4 BILATERAL TRADE AGREEMENTS.....................................................................................................32 3.4.1 Specific Factors Relating to Bilateral Trade Agreements........................................................33 3.5 BILATERAL MARITIME AGREEMENTS...............................................................................................37 3.6 EFFECTS OF A STATE’S FOREIGN POLICY ON BILATERAL RELATIONS...............................................40 CHAPTER 4 ANALYSIS OF BILATERAL MARITIME AGREEMENTS BETWEEN TURKEY AND SELECTED STATES....................................................43 4.1 PRELIMINARY OBSERVATIONS..........................................................................................................43 4.2 BILATERAL MARITIME AGREEMENTS BETWEEN TURKEY AND GREECE AND TURKEY AND ALBANIA.....................................................................................................................44 4.3 COMPARATIVE ANALYSIS OF THE TWO BILATERAL MARITIME AGREEMENTS..................................47 4.4 BILATERAL AGREEMENTS BETWEEN TURKEY AND RUSSIA AND TURKEY AND UKRAINE REGARDING RECOGNITION OF SEAFARERS CERTIFICATES............................59 iv CHAPTER 5 CONCLUSION................................................................................................................65 BIBLIOGRAPHY.....................................................................................................................................69 ANNEX 1 THE BALTIC SEA MAP......................................................................................................78 ANNEX 2 THE MEDITERRANEAN SEA MAP.................................................................................79 ANNEX 3 THE PERSIAN GULF MAP................................................................................................80 ANNEX 4 THE BLACK SEA MAP.......................................................................................................81 ANNEX 5 THE DIFFERENT MOTIVATIONS FOR FORMING BTAS: SPECIFIC FACTORS...........................................................................................................82 ANNEX 6 AGREEMENT BETWEEN THE REPUBLIC OF TURKEY AND THE HELLENIC REPUBLIC ON MARITIME TRANSPORTATION.........................83 ANNEX 7 MARITIME AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF TURKEY AND THE GOVERNMENT OF THE REPUBLIC OF ALBANIA...................................................................................................94 ANNEX 8 AGREEMENT BETWEEN THE UNDERSECRETARIAT FOR MARITIME AFFAIRS, PRIME MINISTRY OF THE REPUBLIC OF TURKEY AND THE MINISTRY OF TRANSPORT OF THE RUSSIAN FEDERATION ON MUTUAL RECOGNITION OF CERTIFICATES FOR CREW MEMBERS OF SEAGOING VESSELS......................105 ANNEX 9 AGREEMENT BETWEEN THE PRIMA MINISTRY UNDERSECRETARIAT FOR MARITIME AFFAIRS, OF THE REPUBLIC OF TURKEY AND THE MINISTRY OF TRANSPORT OF UKRAINE ON MUTUAL RECOGNITION OF CERTIFICATES UNDER THE TERMS OF THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS 1978, AS AMENDED IN 1995........................109 v LIST OF ABBREVIATIONS ASEAN Association of South East Asians Nations BEAC Barents European Atlantic Council BSEC Black Sea Economic Cooperation CARICOM Caribbean Community CBS Council of Baltic States CEFTA Central European Free Trade Area CEI Central European Initiative CMI Comite Maritime International CSI Container Security Initiative EC European Community EIA Environmental Impact Assessment EU European Union HELCOM Helsinki Commission IMO International Maritime Organization MAP Mediterranean Action Plan MARPOL 73/78 International Convention for the Prevention of Pollution from Ships, 1973, and its Protocol 1978 MOU Memorandum of Understanding MRCC Maritime Rescue Coordination Centre vi NAFTA North American Free Trade Agreement NATO North Atlantic Treaty Organization OECD Organization for Economic Cooperation and Development PSC Port State Control REMPEC Regional Maritime Pollution Emergency Response Centre for the Mediterranean Sea ROPME Regional Organization for the Protection of the Marine Environment SAR Search and Rescue Convention SOLAS International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1988 STCW International Convention on Standards of Training, Certification and Watchkeeping of Seafarers 1978, as amended in 1995 UAE United Arab Emirates UN United Nations UNCLOS United Nations Convention on the Law of the Sea, 1982 UNCTAD United Nations Conference on Trade and Development UNEP United Nations Environment Programme US United States of America WTO World Trade Organization vii CHAPTER 1 INTRODUCTION In the current milieu the term globalization has assumed certain proportions that are often inexplicable in real terms. In other words, it is a term that has for better or for worse become part of the jargon of the twenty-first century. In shipping, the term is used almost thoughtlessly as if it was a new invention. In fact shipping is and always has been largely an international business. Indeed, all maritime ventures have since centuries and millennia been international or global activities. In that sense globalization is not new to shipping. Since the latter part of the nineteenth century, attempts have been made through the Comité Maritime International (CMI) to unify maritime law and policy so that ships do not have to face multiple regimes when sailing the world’s oceans. Since 1948 the task of creating uniformity in maritime practice has been assumed by the International Maritime Organization (IMO) through the adoption of its first convention on safety of life at sea1. There are few who would doubt or debate the fact that the international approach to matters maritime is the best option. In recent times, the notion of regionalism has also gained considerable popularity and momentum through the efforts of both intergovernmental and non governmental bodies. Regionalism in terms of its raison d’etre rests on the commonality of various parameters among states, the most important of which is geographical location. Socio-economic conditions, legal systems, cultural commonalities are other aspects of the common platform that drives regionalism. The common examples that rest on the above factors are the European Union (EU), the 1 International Convention on Safety of Life at Sea, 1974 as revised through various Protocols and Amendments since 1974, is the current version. 1

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the modern context is the primary instrument for the conduct of global trade. THE MINISTRY OF TRANSPORT OF UKRAINE ON MUTUAL RECOGNITION EIA. Environmental Impact Assessment. EU. European Union. HELCOM . development as well as to promote social, cultural and technological
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