1. Introduction
Turkey, surrounded by seas on three sides and situated at the intersection of major maritime trade routes, places significant strategic and economic importance on maritime transport. The principle of cabotage—the exclusive right to conduct maritime trade and transportation within a country’s territorial waters—is a cornerstone of Turkish maritime sovereignty. This right is enshrined in Law No. 815 on Cabotage, which entered into force on July 1, 1926, and reserves all domestic maritime activities to Turkish-flagged vessels only.
This article examines the legal basis and scope of cabotage in Turkey, the obligation to fly the Turkish flag, the illegal operations of foreign-flagged vessels in domestic waters, and the legal sanctions imposed for violations.
2. What is Cabotage?
Cabotage refers to the right of a sovereign nation to reserve maritime and inland waterway trade within its territorial waters for its own vessels and nationals. In Turkey, this right includes:
- All sea transportation between Turkish ports and coastal cities,
- Inland waters such as lakes, rivers, bays, and internal harbors,
- Maritime activities between Turkish islands and the mainland.
The cabotage regime aims to protect the domestic shipping industry and assert maritime sovereignty.
3. Turkish Flag Requirement
3.1. Legal Basis
Under Article 1 of Law No. 815, all maritime commercial activities within Turkish ports and waters—including the transport of goods and passengers—may only be conducted by Turkish citizens and Turkish-flagged vessels.
3.2. Conditions for Flying the Turkish Flag
For a vessel to be eligible to fly the Turkish flag, it must:
- Be registered in the Turkish ship registry (as per Turkish Commercial Code, Article 940),
- Be majority-owned by Turkish nationals,
- Be attached to a Turkish port.
Failure to meet these conditions means the vessel is classified as foreign-flagged and is not permitted to engage in cabotage activities in Turkey.
4. Cabotage Violations
4.1. Unauthorized Activities by Foreign-Flagged Vessels
Foreign-flagged ships are prohibited from engaging in the following within Turkish territorial and inland waters:
- Coastal transportation between Turkish ports,
- Commercial or industrial operations (e.g., tourism, cargo transport, pilotage),
- Fishing and marine product harvesting.
However, exceptions may be granted in limited cases (e.g., lack of available Turkish vessels) through special authorization from the Ministry of Transport and Infrastructure.
4.2. Legal Consequences of Cabotage Violations
Foreign-flagged vessels operating without authorization face severe legal penalties, including:
- Administrative fines under Article 11/1 of Law No. 4922 (Protection of Life and Property at Sea),
- Prohibition from operating and expulsion from Turkish waters,
- Unloading of cargo or passengers from the unauthorized vessel,
- Seizure or detention of the vessel through judicial or administrative orders.
🔹 Council of State, 10th Chamber, 2007/5511 E., 2010/1034 K.
“Since cabotage rights are exclusively granted to Turkish-flagged vessels, any domestic maritime transport by foreign-flagged ships is deemed unlawful.”
5. Enforcement and Oversight Mechanism
Cabotage enforcement in Turkey is carried out by:
- Ministry of Transport and Infrastructure,
- General Directorate of Coastal Safety,
- Harbor Master’s Offices,
- Turkish Coast Guard Command.
These authorities conduct regular inspections of vessel documentation, flag registry, port licenses, and sailing permits. Particularly during peak tourism seasons, foreign-flagged yachts and commercial vessels operating illegally are subject to strict scrutiny and heavy fines.
6. Conclusion and Evaluation
Cabotage rights are a fundamental aspect of national sovereignty and economic protectionism. By restricting domestic maritime trade to Turkish-flagged vessels, Turkey seeks to:
- Preserve control over its waters,
- Protect the domestic shipping industry,
- Prevent unfair competition by foreign operators.
Foreign-flagged ships conducting unauthorized operations in Turkish waters are in clear violation of Turkish law and are subject to significant legal and financial consequences. To operate legally, such vessels must either register under the Turkish flag or obtain special authorization from the competent authorities.
Compliance with cabotage laws is essential for the legal integrity of maritime activities in Turkey. Legal professionals and maritime operators must be fully informed of these obligations to avoid regulatory infractions and safeguard operational continuity.
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