📩 04/01/2023 08:44
Montreux Convention Regarding the Regime of the Straits, signed in 1936 in Istanbul and Turkey and the international conventions that the right to regulate and control the passage of warships on the Dardanelles straits. The Convention gives Turkey full control over the Straits and peace right time guarantees the free passage of civilian vessels. The convention limits the passage of warships belonging to countries that have no Black Sea coast. The terms of the convention, in particular its granting of access to the Soviet Navy to the Mediterranean, has been a matter of debate for years. It replaced the Straits Convention, which was signed with the Lausanne Treaty in 1923. With this contract, the task of the International Straits Commission has also ended.
Turkey, due to restrictions imposed by the Straits Agreement signed with the Lausanne Treaty had always been in concern. It preserves the freshness date of signing the contract in the hope of disarmament confident Turkey's increasing arms race of unrest that had heard the beginning again. Turkey, when you hear that this unrest and the Straits announce the status of the relevant signatory states proposed the amendments to the state began to take place in almost all of these different poles had seen a common understanding. British Foreign Ministry has issued the following opinion on the issue of a note on 23 July 1936: "Turkey's Straits Convention on replacing the request is considered justified."
the transitional regime of status and ships of the Straits always closely interested in the UK's parallel Balkan Pact to support Turkey in the Permanent Council May 4 1936 meeting in Belgrade has been decided to support the proposal of Turkey. Turkey's attempt Lausanne Straits Agreement by the other contracting're accepted by the Straits conference that will change the regime, were gathered in the Swiss town of Montreux on June 22, 1936. After the meeting the two-month period July 20, 1936 Bulgaria, France, Great Britain, Australia, Greece, Japan, Romania, the Soviet Union, Yugoslavia and signed by Turkey New Straits Agreement with Turkey's restricted rights have been returned and gorges of the sovereignty of Turkey ' passed to. Turkey in accordance with Soviet aggression pact with the Soviet Union before his Union were also support. The contract came into force on 9 November 1936 and was registered in the League of Nations Convention Series on 11 November 1936. It is in effect today.
Transition Regime of Merchant Ships
- In peacetime, day and night, regardless of flag and load, they will enjoy full freedom of passage through the Straits and round trip (transportation) without any formalities (except for health checks).
- Turkey time of war, fought not charge whatever the flag and pass the Straits and round-trip (transportation) shall enjoy freedom. Pilotage and towing (tugboat) remain optional.
- Turkey is at war in time of war, merchant ships are not connected to a country at war with Turkey, provided it does not help in any way with the enemy Straits crossing and round-trip (transportation) shall enjoy freedom. These ships will enter the Straits during the daytime and the passage will be made on the route indicated by the Turkish authorities each time.
- if Turkey itself so close to the counting against the threat of a war threat, pass through the Straits and round-trip (transportation) will benefit from full freedom; however, the ships will have to enter the Straits during the day, and the passage will have to be carried out each time on the route indicated by the Turkish authorities. Guidance may be compulsory in one case; however, it will not be charged.
Sanctions to be Subjected to Warships and Transition Regime
1. Peace Time
- Black Sea littoral states, the submarine they buy or they make out of this sea, workbench puttin from or has given notice ahead of time to get used to sell to Turkey, will be entitled to pass through the straits to participate in the naval base. Such is the state of the submarines, provided detailed information to be given to Turkey ahead of time about it, these will be able to repair the benches outside the sea passing through the Straits. In both the first and the second case, the submarines will have to go over the water day and night and pass through the Straits alone.
- In order for warships to pass through the Straits, a prior notification to the Turkish Government through diplomacy will be required. The usual period for this prior notification will be eight days; however, for non-Black Sea states, this period is fifteen days.
- The highest total tonnage of all foreign naval forces that can pass through the Straits will not exceed 15.000 tons.
- If, at any time, the tonnage of the strongest navy (fleet) of the Black Sea exceeds the tonnage of the strongest navy (fleet) in this sea at the time of signing the contract by at least 10.000 tons, other riparian countries may increase the tonnage of the Black Sea navies to a maximum of 45.000 tons. For this purpose, each riparian State shall notify the Turkish Government of the total tonnage of its navy (fleet) in the Black Sea on 1 January and 1 July each year; The Turkish Government will share this information with other non-riparian states before the League of Nations.
- However, if one or more States that do not have a Black Sea coast want to send naval forces to this sea for a humanitarian purpose, the sum of this force cannot exceed 8.000 tons in any assumption.
- Whatever the purpose of their presence in the Black Sea, the warships of non-riparian states will not be able to stay in this sea for more than twenty-one days.
2. War Time
- In time of war, Turkey not belligerent, warships of the above-mentioned conditions, a full transition Straits and round-trip (transportation) shall enjoy freedom.
- Pass through the Straits of a hacked States and Turkey, linking a mutual assistance treaty battleships fought outside any State aid cases will be made in accordance with the ban.
- The warships, which belong to states that are either riparian to the Black Sea or separated from the mooring ports, can cross the Bosphorus to go to their ports.
- Warring states are prohibited from attempting to seize any seizure in the Straits, exercising their right to control (visit) and any other hostile action.
- In time of war, is fighting Turkey, on the passage of warships shall be expressed as the Turkish Government entirely.
- If Turkey counts on itself against the threat of a war so close to danger, Turkey will start implementing the transitional regime, but the state of war; The League of Nations Council measures taken by Turkey Turkey 3 2 does not often justify these measures will have to get back.
- Straits will be released unconditionally to the Republic of Turkey, will be given the right to make fortifications.
- The Turkish Government will keep an eye on the execution of every provision of the convention regarding the passage of warships through the Straits.
The duration of the contract will last 20 years, starting from the effective date. However, the principle of freedom of passage and round-trip (transportation), as confirmed in Article 1 of the contract, will have an infinite duration.
On 20 July 1956 the contract expired, the states that signed the contract attempted to amend the Montreux Straits Convention, but were not successful.
As stated in the International Maritime Law rules and termination conditions, compulsory fee will not be requested from any vessel passing through the Turkish Straits, even if the contract is changed due to the right of passengers (not transit) right of the ships.