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INTERNATIONAL MARITIME ORGANIZATION



IMO


MSC 70/11/15
23 October 1998
Original: ENGLISH

MARITIME SAFETY COMMITTEE
70th session
Agenda item 11

SAFETY OF NAVIGATION

Comments on MSC 70/11/11 submitted by the Russian Federation regarding
the preparation of a new report covering all aspects of maritime safety
and environmental protection in the Turkish Straits

Submitted by Turkey

SUMMARY

Executive Summary: This paper provides counter-arguments to proposals made in MSC 70/11/11 on the preparation of a report covering all aspects of the safety and environmental protection in the Turkish Straits.
Action to be Taken: See paragraph 8
Related documents: MSC 70/11/11

INTRODUCTION:

This document is submitted in accordance with the provisions of paragraph 45,4 of the Guidelines on the organization and method of work of the MSC and MEPC and their subsidiary bodies (MSC/Circ.8 1 6 and MEPC/Circ.331).

1    As stated in Article 1(a) of the Convention for the International Maritime Organization, the purpose of the Organization is to "provide machinery for co-operation among governments in the field of governmental regulations and practices relating to technical matters" of shipping. And while Turkey welcomes the Russian Federation statement that "IMO efforts should be aimed at finding.. a meeting point of interests" between the user States of the Turkish Straits and Turkey, in practice, this has not been the case. Unfortunately, the machinery for co-operation provided by IMO has been misused and instead used as a political forum. Despite the admonition by the Chairman of the Working Group of the forty-third session of the Sub-Committee on Safety of Navigation to engage in discussions of a political nature. including the Turkish national regulations for navigation through the Turkish Straits, the paper submitted by the Russian Federation makes explicit reference to the national regulations and their relation to the 1936 Montreux Convention.

2    IMO is not the proper forum to debate national legislation, nor is it the proper forum to debate alleged violations of international instruments other than those directly related to safety of navigation matters. IMO does not possess the authority to provide binding legal interpretation of whether or not a sovereign State's acts conform to or violate the 1982 Convention.

3    Turkey, therefore, objects to any reference made either to the 1936 Montreux Convention or to any other international instrument not directly related to safety of navigation matters, and views such continued

 

 

For reasons of economy, this document is printed in a limited number. Delegates are kindly asked to bring their copies to meetings and not to request additional copies.

 

 

I:/MSC/70/11-15.WPD

 

 

 

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