Islamabad, 11 March 2022 (TDI): As the war between Russia and Ukraine rages on, the Montreux Convention has become increasingly important as a potential regulator of warship traffic from the Turkish straits.
The convention relates to the passage of ships as well as to the security of Turkey along with the Black Sea countries. The regime established by the Convention has once again become relevant in the wake of the military attack launched by Russia on Ukraine on February 24, 2022.
Initially, Turkey had declared not to restrict the movement of warships. However, later Turkey limited warships transiting the Turkish Straits and entering the Black Sea by declaring the Russian invasion of Ukraine as war.
What is Montreux Convention?
The Montreux Convention is an international agreement that governs the Bosporus and Dardanelles Straits in Turkey.
These Straits constitute the only connection of the Black Sea to the rest of the world.
It was signed on 20 July 1936 at the Montreux Palace in Switzerland, hence the name. The agreement went into effect on 9 November 1936. It addresses the long-running question over who should control the strategically vital link through the straits between the Black and Mediterranean Seas.
The Convention regulates maritime traffic via the Black Sea. Montreux Convention was designed for a particular geopolitical context, it has remained unchanged ever since its adoption.
Since most of its terms are still followed, the Convention has endured as a “solid example of a rules-based international order”. Nevertheless, there have been some controversies in its application.
The most notable controversy pertains to the proposed Kanal Istanbul or Istanbul Canal. The Istanbul Canal is a project for the artificial sea-level waterway. It was planned by Turkey on East Thrace.
East Thrace or Eastern Thrace is also known as Turkish Thrace or European Turkey. It is the part of Turkey that is geographically a part of Southeast Europe. Kanal Istanbul would provide another waterway from the Black Sea to the Sea of Marmara, and thus to the Aegean and Mediterranean seas, thereby possibly circumventing the Convention.
The Montreux Convention is a vital element in the context of the security and stability of the Black Sea. It has been properly as well as impartially implemented by Turkey for more than seven decades.
In this context, the successful application of the Montreux Convention since 1936 is proof of the meticulously crafted balance by the Convention. According to the Montreux Convention, the merchant vessels enjoy complete freedom of passage through the Turkish Straits.
Role of Turkey
The convention permits Turkey to restrict the passage of navies that do not belong to Black Sea states. The passages are regulated by the Turkish Straits Vessel Traffic Services Centre as per the 1998 Maritime Traffic Regulations for the Turkish Straits dated 1998.
However, the passage of vessels of war is subjected to some restrictions. These restrictions vary depending on whether these men-of-war belong to Black Sea riparian states or not. The Black Sea riparian states are Bulgaria, Georgia, Romania, Russia, Turkey, and Ukraine.
Aside from some general restrictions applicable to all states, warships that belong to non-riparian states are subject to specific restrictions. For instance, those regarding maximum aggregate tonnage as well as the duration of stay in the Black Sea.
Principal Provisions of the Montreux Convention
The principal provisions of the Montreux Convention that rule the passage of vessels of war are outlined as below:
1- Aircraft carriers whether belonging to riparian states or not, can in no way pass through the Turkish Straits.
2- Only submarines belonging to riparian states can pass through the Turkish Straits, for the purpose of rejoining their base in the Black Sea for the first time after their construction or purchase, or for the purpose of repair in dockyards outside the Black Sea.
3- The total number and the maximum aggregate tonnage of all foreign naval forces which may be in course of passage through the Turkish Straits are limited to 9 and 15.000 tons respectively.
4- The maximum aggregate tonnage that non-riparian States may have in the Black Sea is 45.000 tons.
5- In this regard, the maximum aggregate tonnage of the vessels of war that one non-riparian State may have in the Black Sea is 30.000 tons.
6- Vessels of war belonging to non-riparian states cannot stay more than 21 days in the Black Sea.
7- Passages through the Turkish Straits are notified to Turkey through diplomatic channels prior to intended passages. The notification time is 8 days for vessels of war belonging to riparian States, and 15 days for those of non-riparian States.
