{"id":11509,"date":"2022-09-09T11:22:11","date_gmt":"2022-09-09T11:22:11","guid":{"rendered":"https:\/\/www.globalpanorama.org\/2022\/09\/straits\/"},"modified":"2024-11-20T22:09:54","modified_gmt":"2024-11-20T19:09:54","slug":"thoughts-on-the-montreux-convention-in-the-light-of-recent-developments-levent-kirval-arda-ozkan","status":"publish","type":"post","link":"https:\/\/www.globalpanorama.org\/en\/2022\/09\/thoughts-on-the-montreux-convention-in-the-light-of-recent-developments-levent-kirval-arda-ozkan\/","title":{"rendered":"Thoughts on the Montreux Convention in the light of Recent Developments – Levent K\u0131rval-Arda \u00d6zkan"},"content":{"rendered":"\n
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The\nTurkish Straits, comprising the \u0130stanbul and \u00c7anakkale Straits and the Sea of\nMarmara \u2013which connects the Black Sea to the Aegean and the Mediterranean Sea\u2013\nis considered one of the most important waterways in the world from a strategic\nperspective. The Turkish Straits are valuable not just because of their unique\nfeatures from an environmental context \u2013not found anywhere else in the world\u2013 but\nalso because it is situated in an important geographical location. In addition,\nthe Turkish Straits are important for political, military, and economic\nsecurity as they serve as the main trade route connecting the Black Sea\nlittoral countries to world markets. Several wars were fought since ancient\ntimes to control them. <\/p>\n\n\n\n

The regulation\nof passage through the Straits has also caused many conflicts. Since 1936, the transit\nregime through the Straits has been smoothly managed under the Montreux\nConvention. However, when wars and crises occurred in the Black Sea basin in\nthe post-Cold War period, especially when Turkey blocked US warships that\nwanted to pass through the Straits, the regulation of passage through the\nStraits became controversial again.<\/p>\n\n\n\n

The\nTurkish Straits are politically, economically, and strategically important, resulting\nfrom their geographically important location to various countries. This makes\nit especially significant for the littoral states of the Black Sea -Georgia,\nUkraine, Russia, Bulgaria, Romania, and Turkey. The\nMontreux Straits Convention, which governs the transit regime from the Straits,\nis a multilateral agreement that has been in effect since 1936. The Convention,\nimplementation of which is overseen by Turkey, constitutes appropriately\nbalanced regime between Black Sea littoral and non-Black Sea states.<\/p>\n\n\n\n

The\nsafety of navigation in the Straits forms an integral part of the principle of\nfree passage proposed by the Convention. The concept of safety of navigation in\nthe Convention means that Turkey has the right to regulate the transit routes\nwithin international law. The fact that passage through the Straits is\nregulated by an international convention limits Turkey\u2019s control on the Straits.\nIndeed, there is a special regime in the Straits, which aims at freedom of\nnavigation with some limitations, formulated within the Montreux Convention. <\/p>\n\n\n\n

According\nto the passage regime regulated in Montreux Convention, the freedom of passage\nof all states\u2019 merchant ships through the Straits during peacetime is accepted\nwithout restrictions. In the time of war, if Turkey is at war or feels itself\nin danger of an imminent war, the freedom of passage of merchant ships is\nsubject to certain conditions. In the passage of warships through the Straits\nduring peacetime, certain limitations are kept for vessels under a specific\ntonnage, such as the number of foreign ships, the notification requirement,\ndaytime passage and time limit. While the passage of large warships of the\nstates that did not have a coast to the Black Sea was prohibited, large\nwarships of the littoral states were allowed to pass through the Straits if\nthey complied with necessary notifications and the condition of crossing alone.\nDuring wartime, if Turkey is not belligerent, ships of impartial states can\npass through the Straits as during peacetime, while ships of warring states are\nprohibited from passing through the Straits. If Turkey is one of the\nbelligerents in time of war or if Turkey feels itself under the imminent threat\nof war, Turkey can arrange the passage regime of the Straits as it wishes to\nensure its security.<\/p>\n\n\n\n

However,\nthe maritime traffic intensity in the Turkish Straits has reached very critical\nand dangerous dimensions today. While 17 ships passed through the Bosphorus daily\nin 1947, this number has exceeded 150 in recent years, reaching around 50,000\nannually. In addition to the increased ship traffic, ship sizes have also grown,\nand the cargo quality has changed. Most ships passing through the Straits today\ncarry poisonous, dangerous, or explosive materials. The number of tankers\ncarrying oil, petroleum products and other hazardous goods through the Straits\nis around 5,500 per year. This corresponds to approximately 15 tankers per day.<\/p>\n\n\n\n

Maritime\ntraffic in the Turkish Straits already exceeds the limits of a secure passage.\nThis also raises the risk of accidents to critical levels. Thus, the Straits\nRegulation came into force on 1 July 1994 to ensure the safety of life,\nproperty, environment, and navigation in the Turkish Straits. Later, the\nRegulation was revised in 1998 and entered into force on 6 November 1998. The\nsignificant decrease in the number of accidents occurring in the Straits since then\nhas demonstrated the success and necessity of this regulation. These\nregulations were prepared in harmony with the principle of freedom of passage\nin international law and maritime rules introduced by the Montreux Convention as\nthe freedom of passage does not mean an uncontrolled and undisciplined passage.<\/p>\n\n\n\n

The\nTurkish Straits have always taken their place on the global agenda by\nattracting the attention of the great powers of the time. The rivalry today\ncontinues between NATO allies and Russia in this region. Considering that the\nprovisions of the Montreux Convention continue to protect the Straits against\nNATO forces against its interests, Russia judges that the Montreux balanced\nregime still provides Russia with an advantageous situation. However, during\nthe 2008 South Ossetia War, discussions about the implementation of the\nprovisions of the Convention rekindled due to the passage of warships of NATO\nmembers from the Straits to the Black Sea. So much so that Russia argued stated\nthat NATO ships violated the Montreux provisions, which impose a three-week staying\ntime-limitation on warships of non-littoral states in the Black Sea.<\/p>\n\n\n\n

Significant\ngeopolitical changes have occurred in the Black Sea since the end of the Cold\nWar, and certainly since 1936, when the Convention was signed. Bulgaria and\nRomania are both EU and NATO members, while Ukraine and Georgia wish to become\nmembers of NATO and the EU. Turkey has been a member of NATO since 1952 and a\nnegotiating candidate country with the EU. These developments have caused Russia\nto feel being surrounded in the region. Evaluating the Black Sea basin in this\ncontext, the USA and Russia rivalry continues here at maximum intensity.<\/p>\n\n\n\n

Moreover,\nRussia’s recent occupation of parts of Ukraine has created a new conflict in\nthe region. In this situation, discussion on the Montreux Convention\u2019s implementation\nin the event of a possible war between the West and Russia became alive. Montreux\nclearly favors the littoral states of the Black Sea and permits them to have a superior\n(with regards to type, tonnage, and duration) naval presence in the Black Sea. Nevertheless,\nit is being challenged by the various wars and conflicts in the region, not\nleast by the Russia-Ukraine war, control of Abkhazia and\nSouth Ossetia by Russia, and the NATO and EU expansion to the Black Sea<\/p>\n\n\n\n

Particularly,\na military operation by the West against Russia can put the Montreux regime in\ndanger. As Russia today in effect occupies parts of the sovereign states of\nUkraine and Georgia, the West has implemented various sanctions and even\nmentioned a military intervention. Should this take place, it will be a\ndifficult for Turkey to remain neutral. As a state controlling the Straits,\nTurkey will certainly close the Straits to military naval traffic. <\/p>\n\n\n\n

In\naddition to all of these, a new development in the region is the acceptance of\nUkraine and Moldova as candidate states for the EU. The membership status of\nthese countries will alienate Russia in the Black Sea even more. As Russia\nalready feels the push from NATO expansion to the east, it will be severely\nisolated in the Black Sea by the EU membership status of these states. These developments\nagain underline the importance of the Montreux regime. The preservation of the\nMontreux Convention, regulating the security of the Black Sea, is in the\ninterests of the entire international community.<\/p>\n\n\n\n

In\nTurkey, Istanbul Canal\u2019s construction is also on the agenda as an alternative\nto the Bosphorus. In the Environmental Impact Assessment report on the Istanbul\nCanal, the \u00c7anakkale Strait is also mentioned. Such a structure that bypasses\nthe Turkish Straits would affect the Montreux Straits regime. It is already\nargued in Turkish press that the US supports this project to provide an alternative\nentry to the Black Sea for its military ships. In any case, once a project like\nthis is on the agenda in earnest, the Montreux regime might be opened to debate\nagain. As there is a war in the Black Sea region now, adding such project to\nthe equation, it might change the status qu<\/em>o<\/em>.\nIf a discussion starts about the Montreux Convention and if drawing up a new\nconvention deemed necessary, the new regime will undoubtedly be disadvantageous\nfor Turkey. It should be remembered that the Montreux Convention was signed\nbefore the Second World War in a more balanced international environment. This\nbalance does not exist today. Especially in an environment where littoral\nstates are at war with each other, it is almost impossible to reconstruct a\nconvention that favors them.<\/p>\n\n\n\n

Given\nthis possibility, Turkey should abstain from any steps that might jeopardies\nthe Montreux Convention. A potential war between the West\/NATO and Russia will\nfurther aggravate this discussion. It should not be forgotten that the only sea\nthat the West, especially the US, has not unfettered access in the world is the\nBlack Sea. Undoubtedly, all related states will take this opportunity to alter\nthis situation. For this reason, the Montreux Convention should be supported to\nthe end, and the state of the Black Sea as a sea\nof peace <\/em>should be maintained.<\/p>\n\n\n\n

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Assoc. Prof. Levent K\u0131rval, Istanbul Technical University <\/strong><\/p>\n\n\n\n

Levent K\u0131rval was born in Bursa, Turkey on November 1, 1976. After graduating from TED Ankara College (Turkey) in 1994, he received his BSc in international relations (high hons) from Middle East Technical University (Ankara-Turkey) in 1998 and MSc in European politics and policy from the London School of Economics and Political Science\u2014Department of Government (UK) in 2000, where he attended as a British Chevening\/TEV Fellow. He received his PhD in political science from Ghent University (Belgium) in 2005 (dissertation title: \u201cLegitimising the European Union: Can Supranational Identity and Efficient Welfare State Policies Be the Answer?\u201d), where he attended as a Jean Monnet Fellow of the European Commission. Between 2006 and 2008, he has worked as post-doctoral researcher at the Political Science Department & Centre for EU Studies of Ghent University (Belgium) as a Marie-Curie Fellow (FP6\/Intra-European Fellowship) of the European Commission. Currently he is working in the social sciences division of the Basic Sciences Department at Maritime Faculty of Istanbul Technical University and teaching courses\/researching on international relations, European politics and policy, maritime economics and policy, and international public law.<\/p>\n<\/div><\/div>\n\n\n\n

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Dr. Arda \u00d6zkan, Ankara University<\/strong><\/p>\n\n\n\n

Arda \u00d6zkan earned his BA and MA in International Relations from Karadeniz Technical University, and Ph.D. in Political Science and International Relations from Istanbul University. He is an assistant professor at Ankara University Faculty of Applied Sciences Department of International Trade and Logistics. He is a postdoctoral researcher at American University Washington College of Law. His research interests include international law, Turkish foreign policy, regional studies, environmental and maritime issues.<\/p>\n<\/div><\/div>\n\n\n\n

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To cite this work :<\/strong> Levent K\u0131rval and Arda \u00d6zkan \u201cThoughts on the Montreux Convention in the light of Recent Developments\u201d, Panorama<\/em>, Online , 09 September 2022, https:\/\/www.globalpanorama.org\/blog\/2022\/08\/04\/tr-uk<\/a><\/p>\n\n\n\n

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Copyright@UIKPanorama. All on-line and print rights reserved. Opinions expressed in works published by the Panorama<\/em> belongs to the authors alone unless otherwise stated, and do not imply endorsement by the IRCT, Global Academy, or the Editors\/Editorial Board of Panorama. <\/p>\n","protected":false},"excerpt":{"rendered":"

The Turkish Straits, comprising the \u0130stanbul and \u00c7anakkale Straits and the Sea of Marmara \u2013which connects the Black Sea to the Aegean and the Mediterranean Sea\u2013 is considered one of the most important waterways in the world from a strategic perspective. The Turkish Straits are valuable not just because of their unique features from an […]<\/p>\n","protected":false},"author":174,"featured_media":9243,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[486,508],"tags":[656,588,646],"class_list":["post-11509","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-opinion","category-turkey","tag-english","tag-montreux-convention","tag-the-turkish-straits"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.globalpanorama.org\/en\/wp-json\/wp\/v2\/posts\/11509","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.globalpanorama.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.globalpanorama.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.globalpanorama.org\/en\/wp-json\/wp\/v2\/users\/174"}],"replies":[{"embeddable":true,"href":"https:\/\/www.globalpanorama.org\/en\/wp-json\/wp\/v2\/comments?post=11509"}],"version-history":[{"count":0,"href":"https:\/\/www.globalpanorama.org\/en\/wp-json\/wp\/v2\/posts\/11509\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.globalpanorama.org\/en\/wp-json\/wp\/v2\/media\/9243"}],"wp:attachment":[{"href":"https:\/\/www.globalpanorama.org\/en\/wp-json\/wp\/v2\/media?parent=11509"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.globalpanorama.org\/en\/wp-json\/wp\/v2\/categories?post=11509"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.globalpanorama.org\/en\/wp-json\/wp\/v2\/tags?post=11509"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}