Devletin açık denizdeki tarafsızlığı

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Thesis Type: Postgraduate

Institution Of The Thesis: Galatasaray Üniversitesi, Hukuk Fakültesi, Kamu Hukuku, Turkey

Approval Date: 2012

Thesis Language: Turkish

Student: ŞULE SÖKÜCÜ

Supervisor: AKİF EMRE ÖKTEM

Open Archive Collection: AVESIS Open Access Collection

Abstract:

The law of neutrality starts with the fact that some countries do not intend to enter the war. These rules which have been prepared by sovereigns and then governments, considers the rights and duties of the both parties who enter the war and those who are neutral. Since ninety percent of the international trade is carried out through oceans or open seas, thus they are very important both for governments and the welfare of human begin. Due to the balance of interests between neutrals and belligerents, blockade, visit, search or seizure of merchant vessels, capturing their cargo whether is being sent to enemies that involve contraband has emerged. First, in principle, it must be mentioned that traders could not be stopped, seizure and destructed. However, the parties of the conflict are allowed to stop, visit and search neutral or enemy merchant vessels and if there is any danger they are permitted to take the ship to any port by giving new direction to it and to inspect the load and the port of departures and arrival. If neutral merchant vessels, carry contraband, attempts to breach the blockade or rejects the inspection, warships could capture the ship. In order to respond the applicability of the law of neutrality, one must evaluate the provisions of the Charter regarding collective security system and the effects to the law of neutrality. The law of neutrality even now is the only filed of law that draws up the marine transportation interference rights clearly and in details.