Definition and Types of Ships in Maritime Law

Entrance

Maritime trade is one of the most fundamental elements of the world economy. The fact that approximately 80% of international trade is conducted by sea necessitates legal regulation of this sector. In Turkish law, maritime trade is regulated in detail in the fifth book of the Turkish Commercial Code (TTK) . One of the most critical issues among these regulations is the concept of "ship" and the distinction between types of ships . Whether a vessel is considered a "ship" directly affects both the responsibilities of the parties and the applicable legal regime.

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Legal Definition of the Concept of Ship

1. Definition of a Ship in Turkish Law

Article 931 of the Turkish Commercial Code defines a ship as follows: “ Any vessel propelled by means other than oars, whether or not it is self-propelled, is a ship. ”

Based on this definition, we can list the elements of a ship as follows:

• It must be seaworthy: The primary function of a ship is navigation at sea. Vessels used in rivers, lakes, or inland waterways do not fall under the definition of a ship.
• It must be propelled by a force other than oars: This element distinguishes a ship from simple marine vessels. Forces such as sails, engines, steam, and nuclear energy are sufficient for a ship.
• It must qualify as a hull: For a watercraft to be considered a ship, it must structurally be a hull.

Therefore, a boat or canoe is not a ship because it is powered by oars; however, it acquires the characteristics of a ship if an engine is added.

2. Definition of a Ship in International Law

The definition of a ship can be given in different ways in international conventions. For example:

• The 1924 Hague Rulesdid not directly define a ship, preferring the expression "cargo-carrying marine vessel".
• The 1982 United Nations Convention on the Law of the Sea (UNCLOS)uses the term "maritime vessel" instead of "ship".

Although there are differences in definitions in national and international law, the common aim is to determine the legal regime of vessels engaged in commercial navigation at sea.

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Legal Significance of the Ship

The classification of a vessel as a ship has several legal consequences:

• Registration in the Ship Registry: Ships, just like immovable property, are registered in a registry. (Turkish Commercial Code, Articles 940 et seq.)
• Right to Fly the Turkish Flag: Turkish vessels have the right to fly the Turkish flag. This right determines the nationality of the vessel under international law.
• Shipowner's Liability: The shipowner, who is the owner or operator of the vessel, is liable for damages arising from the vessel according to the provisions of the Turkish Commercial Code.
• Mortgages and Pledges: Mortgages can be placed on ships; this increases the economic value of the vessel.
• Collision and Salvage Provisions: The provisions to be applied in incidents such as collisions or salvage operations between ships are determined based on the definition of a ship.

Therefore, the concept of "ship" is not merely a technical term; it is also a status with economic, legal, and international dimensions.

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Types of Ships

Turkish Commercial Code and international law classify ships according to various criteria. These classifications may be based on the ship's intended use, navigation area, structural characteristics, or ownership status.

1. Ships Classified by Purpose

• Merchant Ships: These are ships used to transport goods, passengers, or both. Cargo ships, container ships, tankers, and ferries fall into this group.
• Warships: These are state-owned vessels used in military service. They enjoy immunity under international law.
• Public Service Vessels: These are vessels used for tasks such as coast guarding, customs, fisheries inspection, and port services.
• Special Purpose Vessels: These are vessels with specialized missions, such as research vessels, icebreakers, and tugboats.

2. Ships According to Navigation Area

• Ocean Vessels: These are large tonnage ships capable of long-distance voyages and used in international transportation.
• Cabotage Vessels: These are vessels that transport cargo and passengers between the ports of a country. In Turkey, cabotage rights were granted to Turkish citizens by the Cabotage Law of 1926
• Coastal Vessels: These are vessels used for shorter-distance voyages.

3. Ships According to Their Structural Characteristics

• Motor Vessels: These are vessels powered by diesel or other types of engines.
• Sailing Ships: These are ships whose primary propulsion is sails, but they may also have auxiliary engines.
• Hybrid ships: These are ships that can operate using both engine power and sails.

4. Ships According to Their Type of Transportation

• Cargo Ships: Container ships, bulk carriers, tankers.
• Passenger Ships: Cruise ships, ferries.
• Multimodal vessels: Ships that can carry both cargo and passengers.

5. Ships According to Ownership Status

• Privately Owned Vessels: These are vessels owned by individuals or companies.
• Government Vessels: These are publicly owned vessels generally used for non-commercial services.

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The Concept of Ship in Supreme Court Jurisprudence

The Supreme Court has issued numerous rulings regarding the definition and types of ships. For example:

• The 11th Civil Chamber of the Supreme Court of Appeals , in one of its decisions, emphasized that fishing boats, because they are powered by engines, should be considered ships.
• The Supreme Court's General Assembly of Civil Law has ruled that tugboats are considered vessels because they operate for towing and rescue purposes.
• Decisions regarding boats powered by oars generally conclude that they are not considered ships.

These precedents reveal how the definition in the Turkish Commercial Code is interpreted in practice.

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The Ship Being Subject to Legal Proceedings

Legally, a ship has characteristics similar to immovable property. Specifically:

• Registration and Mortgaging: Ships are registered and mortgages can be placed on them.
• Right of Lien: The ship creditor has a legal right of lien on the ship (Turkish Commercial Code, Articles 1320 et seq.).
• Inheritance and Transfer Procedures: Ships can be inherited, or transferred through sale or donation.

In this respect, ships are located at the intersection of commercial law and civil law.

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Views in Doctrine

In legal doctrine, there are debates about the need for a clearer definition of the concept of a ship. Some authors argue that only commercially oriented marine vessels should be considered ships, while others maintain that the broad definition in the Turkish Commercial Code is correct. The question of yachts, fishing boats, and research vehicles should be considered ships leads to differing opinions within the doctrine.

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Conclusion

The definition and types of ships in maritime law is a matter of significant implications at both national and international levels. The Turkish Commercial Code provides a broad definition of a ship, considering any vessel propelled by a force other than oars. While this definition has led to various debates in practice, it offers a flexible framework suited to the dynamism of maritime trade.

The classification of ships into types based on their intended use, structural characteristics, navigation area, and ownership status serves as a guide in determining legal responsibilities and applicable rules. Court precedents and doctrinal opinions also shed light on the development of this concept.

Consequently, the concept of a ship does not merely define a maritime vessel; it represents a multifaceted legal status situated at the intersection of commerce, law, and international relations.

Gozdenur Turna