Abstract:

This article’s purpose is to present the proposals regarding possible legal regulations by determining the deficiencies of Cabotage Law. In my study, at first it is explained the cabotage concept. Afterwards, the nationality concept is examined within the context of Turkish Commercial Code and previous commercial codes. Due to the fact that Cabotage Law don’t define the nationality concept there is a legal gap in this matter. This gap has been completed by appliying the provisions of article 940 of Turkish Commercial Code (article 823 of previous Turkish Commercial Code). However, in order to solve exactly this problem, it is established that any provision referring to article 940 of Turkish Commercial Code must be incorporated into Cabotage Code. In this study, it is concluded that extention of the cabotage exemptions would be appropriate in accordance with changing conditions. It is assesed that Turkey, as a candidate country, aligns with European Union Cabotage Regulation at this stage would be undesirable at this stage. But, in case of full membership, the relevant amendments must be realised with a transitional period. It is reached a conclusion that administrative fine to vessels violating cabotage monopoly should be calculated according to their tonnages. Furthermore, it is suggested that the provisions considering formation of an official cabotage festival is accepted.

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