Maritime Arbitration In Turkey

This key work analyses the disputes between Greece and Turkey as to their respective rights in the Aegean Sea, paying particular attention to the claims regarding territorial waters, the continental shelf, and the yet to be declared exclusive maritime zones in the area. While many earlier studies have concentrated on political factors, this study provides an exhaustive analysis of the relevant principles of international law in general and rules and principles of maritime law in particular, identifying the legal principles appropriate to the settlement of the Aegean dispute. With this regard, it makes a detailed examination of all the related aspects of the Aegean Sea and its islands, as well as the legal arguments of Greece and Turkey on the disputes concerned. It also clarifies the prospects for settling the dispute on the basis of international law, either by the two parties involved, or by the intervention of a third party such as the International Court of Justice. As such, it offers an important study of a particular problem, but one that can be used as a case study for other international disagreements.

Arbitration Law of Turkey, a commentary on the status of international arbitration practice in Turkey, is a practical approach to doing arbitrations that involve Turkey. The only collective resource available in English on the topic, Arbitration Law of Turkey guides practitioners through the various checkpoints of such arbitrations. The recent Turkish International Arbitration Code is explained in depth along with almost all of the larger investment treaty arbitrations that have taken place involving Turkey. Along with this practical approach, the style of the book reflects the author’s academic standing and is envisaged to form the basis for academic study in the field as well as a practical resource for practitioners or parties who are faced with arbitrations in Turkey.

This book provides a comprehensive analysis of the law and practice of international arbitration and other alternative dispute resolution mechanisms in Turkey. It has been prepared with the contributions of twenty experienced Turkish practitioners and academics, all of whom are experienced experts in the field.

The ways and means described in this book constitute a road map for responsible members of the international community to work together, reduce tensions, resolve differences over maritime boundaries peacefully, and reap the rewards of a safer, stabler, and more prosperous world. This volume shows that the UN and its associated treaties, courts, and other institutions have developed a body of laws, rules, and procedures guiding the way to negotiated, peaceful outcomes. Mr. Baroudi’s book also points to rapid advances of science and technology that take much of the guesswork out of boundary delineation, making this route more reliable and user-friendly than ever before. The successful use of these mechanisms would set a useful example for the resolution of boundary disputes in other regions of the world. That, in turn would restore confidence in the international rules-based system and could pave the way for the settling of some of the world’s most troubling and dangerous disputes.

The study provides an extensive legal, geopolitical and historical analysis of all controversial issues making up the Greek-Turkish maritime dispute: the delimitation of territorial waters, the national airspace, the delineation of exclusive economic zones and continental shelf as well as the issue of military presence on the Eastern Aegean islands and its relation to the Greek sovereignty over them. By immersing thoroughly into international jurisprudence, international treaties and historical facts, the book offers a detailed survey of legal precedents and legal regimes over similar issues worldwide. In this way, the reader has the opportunity to ascertain where every single legal and historical argument has been drawn from and its relevance in the international jurisprudence. Consequently, it follows the evolution of the dispute together with all its twists from 1973 to 2022 that saw a new low in the historically tense Greek-Turkish relationship. The book finally re-examines the dispute in the light of the new green energy geopolitics and the ongoing climate crisis and comes up with some suggestions for an alternative paradigm of co-existence in the Aegean Sea which in the author’s view is urgent and inevitable.