freedom of travel and residence (Article 23) and the freedom of work and private enterprise (Article 48). However, an analytical reading of the Constitution reveals that its most critical function in this sector is acting as a legal mediator between economic development and public preservation. While the state actively encourages tourism investments to combat economic deficits, the Constitution strictly limits how far these incentives can go. For instance, Article 43 (Protection of Coasts) guarantees that coastal lines remain under the sovereignty and disposition of the state, prioritizing public benefit over private commercial enclosure. Similarly, Article 63 mandates the conservation of historical, cultural, and natural wealth, placing important environmental limitations on tourism zoning and construction. Furthermore, Article 172 fundamentally obliges the state to protect consumers, thereby forming the constitutional basis for all subsequent private law mechanisms designed to defend the tourist as a vulnerable consumer. 4.2. International Agreements Travel and Tourism Law in Türkiye, as inherent in the transnational nature of the industry, is heavily shaped by an intricate and layered architecture of international agreements. In accordance with Article 90 of the Turkish Constitution, all ratified international agreements regarding fundamental rights and commercial standardization rank equally, and in relation to fundamental rights exclusively, above Turkish statutes. Exclusively applying a fractured national legal regime to all international tourists, foreign travel agents, and multinational carriers would inevitably give rise to overwhelming jurisdictional conflicts and legal uncertainty. By implementing harmonized global conventions, Türkiye ensures an essential secure and predictable legal environment necessary for mass tourism development. Accordingly, civil aviation in Türkiye is primarily governed by the 1999 Montreal Convention for the Unification of Certain Rules for International Carriage by Air, to which Türkiye became a party with effect from 26 March 2011. The Convention establishes a harmonized legal framework governing the international carriage of passengers, baggage, and cargo by air, including rules relating to passenger injury, delay, and baggage claims, thereby promoting legal certainty and uniformity in international air transport. Maritime passenger transport is likewise influenced by the 2002 Protocol to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, which entered into force for Türkiye on 16 September 2022. 7 TRAVEL AND TOURISM LAW IN TÜRKIYE
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