Özet:

On July 7, 1978, the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (“STCW-1978” or “Convention”) was adopted by an international conference at the International Maritime Organization in London. The Convention prescribes minimum standards relating to training, certification and watchkeeping for seafarers which countries are obliged to meet or not to exceed. Parties are required to promulgate all laws, decrees, orders and regulations and to take all steps which may be necessary to give the Convention full and complete effect. The Convention that entered into force on April 28, 1984 and was significantly amended in 1995 and 2010. Turkey has been to a party of the Convention since 1992. However the implementation of default process in the Convention and the amendments contravenes both the Turkish Constitution and Law No 244 when adopting the Convention in national law. According to Article 90/1 of the Constitution and Article 3 of Law No 244, the ratification of treaties concluded with foreign states or international organizations on behalf of the Republic of Turkey, is subject to their adoption by the Turkish Grand National Assembly by a law approving ratification in the form of a decree of the Turkish Council of Ministers which is promulgated in the Official Gazette. In the case of the STCW-1978, the decree of the Turkish Council of Ministers was entered into force 11 years later then the ratification law. Because of this reason the validity of the Turkish Regulations relating to the Convention has been controversial. The Council of State examined the disputes which emanated from this problem. The decision of the Council of State is very important case law in terms of judicial supervision of the international agreements in Turkish Law

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