The protection of the marine environment is of great importance for Turkey, as one of the countries with the longest coastline on the Mediterranean, and surrounded by three seas. One of the most effective legal measures that can be taken for the protection of ecological, environmental and cultural assets features to the marine environment and the sustainable use of living and non-living sources in the sea is the establishment of the marine protected areas. The international rule of law regulating the legal status of marine protected areas in respect of Türkiye are the rule of customary international law defining the rights and duties of States in their marine jurisdictional areas and the provisions of Protocol concerning Specially Protected Areas and Biological Diversity to the Convention for the Protection of the Marine Environment and Coastal Zone of the Mediterranean (Barcelona Convention) which is also important since its relevancy in terms of marine protected areas. There is no distinct legal regulation in Turkish law regarding the establishment and management of “marine protected areas”. However, Türkiye has established special environmental protection zones including coastal and marine areas along the Mediterranean and Aegean regions since the 1980s. However, the provisions concerning to the marine protected areas in the conventions which Türkiye is party to, should have legal and institutional correspondances in domestic law and should be implemented in practice effectively. In this paper, the national legal framework of the Türkiye related to marine protected areas, and relevant rule of customary international law, the rights and responsibilities arising out of Protocol on Special Protected Areas and Biological Diversity will be explained comparatively and some suggestions will be put forward for the problems in practice.
Marine protected areas national law Barcelona Convention The Protocol Obligation
Protection of marine environment has a great importance for Türkiye as a country being surrounded by three seas and with the longest coastline on the Mediterranean Sea. Mediterranean Sea has the characteristics of a semi-enclosed sea, where the consequences of climate change are experienced at grave levels due to ship-based pollution, intense ship trade, land-based pollution, urbanization and industrial activities in coastal areas, energy competition and overfishing as well. The Mediterranean Sea, which has the highest salinity rate in the world, has been experienced the increasing temperature and rising sea levels much more, that all result in decline of the native species, increase of the invasive species, and the gradual decrease of habitats and biodiversity. The negative consequences of climate change combined with anthropogenic pressures indicate the urgency of taking measures to protect the marine environment. One of the most effective legal measures that can be taken for the protection of marine species, the preservation of natural habitats, the protection of historical and cultural elements in the sea, and the sustainable use of living and non-living resources in the sea is the establishment of marine protected areas.
Türkiye is one of the countries with the longest coastline in the Mediterranean Sea. The basic components of the international legal regime regarding the establishment and management of marine protected areas for Türkiye, are the customary rules of international law of the sea and the Barcelona Convention and its Protocol on Specially Protected Areas and Biological Diversity, the Convention on Biological Diversity and other instruments for the protection of certain marine species. Among those regulations, the normative framework defining the rights and obligations of States in different maritime jurisdictions, and the provisions containing general obligations regarding the protection of the marine environment which were prescribed by the United Nations Convention on the Law of the Sea (UNCLOS) are the part of customary international law. Additionally, the Protocol on Specially Protected Areas and Biological Diversity to the Convention for the Protection of the Marine Environment and Coastal Zone of the Mediterranean (Barcelona Convention) is also of importance as it is directly related to marine protected areas.
On the other hand, there is no separate legal regulation regarding the establishment and management of “marine protected areas” in Turkish law. However, Türkiye has established various protected areas including coastal and marine areas along the Mediterranean and Aegean Sea, under different names and under the authority and control of different Ministries. Basically the establishment and the management processes of protected areas, which are declared based on the authority granted by the Environmental Law No. 2872, must comply with the obligations arising from the international agreements to which Türkiye is a party. Also, the provisions of the agreements to which Türkiye is a party regarding the establishment and management of marine protected areas must have legal and institutional counterparts in national law and be effectively implemented. The customary provisions in UNCLOS are not directly related to the designation of marine protected areas, but regulate the rights and obligations of States as coastal and flag States in different maritime jurisdictions and the high seas for the protection of the marine environment. These provisions also emphasize the complementary feature of regional convention regimes and special agreements. Thereby, the Protocol to the Barcelona Convention prescribes a regional legal regime specific to the Mediterranean Sea. As one of the States most affected by the anthropogenic pressures and climate change consequences caused by shipping trade, coastal urbanization, energy search and overfishing in the Mediterranean, Türkiye should increase the number of marine protected areas in the Mediterranean and Aegean Seas and establish a management regime in those areas in accordance with its international law obligations. Finike Seamounts, which is currently the only marine protected area being declared within the framework of national law, is important both in terms of protecting ecological values and grounding the political interests in the Eastern Mediterranean. National legal regulations and institutional infrastructure must be built in compliance with the provisions of the Convention and the Protocol to be included this area in “List of Specially Protected Areas of Mediterranean Importance” under the Barcelona Convention.
In this paper, the national legislation regarding the establishment of marine protected areas in Türkiye will be evaluated and compared with the obligations arising from international law through by reviewing regulations of relevant Ministries and provisions of UNCLOS. In this context, first of all, the customary provisions of the UNCLOS regarding the protection of the marine environment will be discussed, then the obligations arising from the Protocol on Specially Protected Areas and Biological Diversity to the Barcelona Convention will be explained. After that, considerations will be made regarding national marine protected area practices based on the experiences since 1980’s. Finally, based on these comparative explanations, some suggestions will be offered regarding the problems in the practice to avoid noncompliance cases.
