UNITED NATIONS CONVENTION ON LAW OF SEA AS A MIXED TREATY OF EU: A HEADACHE FOR TURKEY?

Abstract

International agreements and treaties concluded by EU constitute parts of acquis communautaire. Therefore Member States are expected to take all the relevant measures to enable EU to fulfil its obligations arising out of the agreements and treaties it concluded. United Nations Convention on Law of Sea (UNCLOS) is a mixed treaty that had to be concluded by EU and all of its Member States jointly as a result of complicated nature of EU's competence. As a mixed treaty of EU, it constitutes a part of acquis. Before acceding to EU, candidate states are expected to acquire acquis. Turkey has been negotiating to accede to EU. However she is not only a non-party to UNCLOS, but also a persistent objector to its certain provisions due to Aegean Sea dispute with Greece. Turkish perspective to EU membership raises the question whether she is under a legal obligation to ratify UNCLOS to be considered to have acquired acquis in its full sense.