A few days after the beginning of the Russian invasion of Ukraine's territories, the Montreux Treaty, which was signed in the first half of the 20th century, has come to the forefront of the news. Turkey, reacting to Russia's latest moves in the Ukrainian crisis, is warning that it is ready to move to "restrict" the use of the Straits on the basis of the Montreux Treaty, which was signed on 20 July 1936 in the Swiss town of the same name and entered into force at the end of that year.
The treaty governs the status of the Bosphorus and Dardanelles Straits, with the contracting states (Bulgaria, Romania, the Soviet Union, Turkey, Australia, France, Greece, Italy, England, Yugoslavia) recognizing the principle of free passage and navigation by sea in the Straits.
Doctor of international law Nicolaos Ioannidis, speaking to Cypriots, said that at the moment the focus is on Article 19 of the Montreux Treaty "which gives Turkey, under certain conditions, the possibility of closing the Straits". According to the expert, special attention needs to be paid to this article as "the relevant provision allows ships based in the Black Sea to return to their base". For this reason, Turkey's new decision "does not affect Russia, even if the Straits are closed," the international law expert stresses. Ioannidis adds that the decision "has neither a legal nor a practical impact. It is a symbolic act."
According to Mr Ioannidis, if the Straits are "closed", this decision will affect all countries, with the exception of Russia, because Russia has naval bases in the Black Sea and the Montreux Treaty allows ships to return to their bases.
"The closure of the Straits is not justified"
In response to a question from CNA regarding the possibility of a complete closure of the Straits by Turkey, in case the Ukrainian crisis reaches uncontrollable proportions, Mr. Ioannides stresses that "based on treaty law, Turkey has a contractual obligation to allow Russian ships to move [TO THEIR BASES]. Closing the Straits would mean a serious deviation from the contractual obligation (of Turkey) vis-à-vis Russia. In such a case we would be talking about an illegal action, a countermeasure by Turkey that would not be justified under the circumstances."
Ioannidis goes on to add that "countermeasures" are taken by states affected by an illegality. "At the moment Turkey is not a directly affected state. Only in case it would be attacked or damaged could it take such a countermeasure," he says.
Finally, on the possible impact of the Ukrainian crisis and the developments in the Straits on the navigation of Cyprus and Greece, Ioannidis says that "obviously the interruption of navigation will have an impact."
Finally, on the possible impact of the Ukrainian crisis and the developments in the Straits on the navigation of Cyprus and Greece, Ioannidis says that "obviously the interruption of navigation will have an impact.
"New developments proved the importance of the Montreux Treaty"
Speaking to CNA, Turkish Cypriot academic and international relations expert Mehmet Hasgiuller describes the Montreux Treaty as a project of Mustafa Kemal Atatürk's government, which in 1936 framed the Treaty of Lausanne. "The treaty provides Turkey with the possibility of a number of initiatives in the event of the danger of war. If Turkey itself is not faced with the risk of war then there is no question of closing the Straits," the T/C academic points out.
According to Mr. Hasgueuler, the Montreux Treaty is a chapter of modern history, which should be approached with particular attention. "The Straits will be closed (by Turkey) only in case Turkey enters a war," the TC expert points out, who also refers to the new debate that has started in Turkey about the Montreux Treaty and the Lausanne Treaty. In Turkey "sensitivities are expressed (about these treaties). However, in any case, new developments have proven the importance of the Montreux Treaty" he says.
In relation to the Turkish government's reference to the Montreux Treaty in the current phase of the Ukrainian crisis, Hasgüler argues that "Turkey, as a NATO member, is sending a message of cooperation to the West. At the same time, the government refers to the treaty in the context of a new effort of public diplomacy."
Source: CNA
Contents of this article including associated images are belongs Cyprus Times
Views & opinions expressed are those of the author and/or Cyprus Times
Source
