Considering the possibility of changes to Georgia's geopolitical position, it is useful to assess the historical situation of the Turkish Straits.The Turkish Straits constitute a passage open to international sea traffic that includes the Bosporus strait, the Sea of Marmara and the Dardanelles strait. The Turkish Straits connect the Black Sea to the Aegean and Mediterranean and to the oceans through the Suez Canal and the Strait of Gibraltar. The position of the Turkish Straits bears no similarity with other international straits, because of the location of the Marmara Sea. The Bosporus and Dardanelles straits, which pass through the Marmara Sea and are national straits, are used for international transport under the provisions of Montreux Convention.
The Montreux Convention, signed on July 20, 1936, replaced the Convention Relating to the Regime of the Straits, which was signed on July 24, 1923 in Lausanne and restricted Turkey's sovereignty over the straits. Despite being the subject of much discussion since it entered into force, the Montreux Convention survived big crises, including World War II and the collapse of the Soviet Union and the Warsaw Pact. It celebrated its 72nd anniversary in July 2008. The Montreux Convention is one of the oldest international agreements still in effect.
The development of the Turkish Straits regime can be classified into two timeframes: the Ottoman era and the Republican era. The international agreements adopted on the Turkish Straits until signature of the Montreux Convention can be divided into three groups: the era of Turkish domination (1453-1809), the bilateral agreements era (1809-1841) and the multilateral agreements era (1841-1923).
Ottoman domination in 1453
The Turkish Straits fell under Ottoman domination with the conquest of İstanbul in 1453. This legally meant that the Ottoman state was the sole authority to decide the passage regime and restrict foreign vessels' passage through the Turkish Straits. After the Ottoman state gained full domination over the straits, passage was closed to foreign vessels, and this has become a general rule over time. This rule, which was strictly observed during the rise of the Ottoman state, started to lose effect in the 18th century when the Ottoman state began declining.
Russia took the first step to change the status quo in the Black Sea when it took control of Azak Castle under the Karlofça Peace Agreement in 1699, where it created a fleet. This started a new era in the status of the Turkish Straits. Over time, European states also got involved in the straits issue between the Ottoman state and Russia; the issue became complicated, and sovereignty over the straits was later subject to the consent of more than one state.
Russia received entitlements to have commercial vessel in the Black Sea, engage in trade and pass its trade vessels through the straits under the Treaty of Küçük Kaynarca signed between the Ottoman state and Russia in 1774.
The straits were closed to war vessels of third states under the Ottoman-Russian alliance agreements signed in 1798 and 1805, whereas Russian warships were allowed passage. However, the 1805 agreement was terminated when a war broke out between these two countries in 1807. The passage of foreign warships was forbidden without a decree by the sultan under the agreement signed between the Ottoman state and England on Jan. 5, 1809.
Russian commercial vessels were granted passage through the straits and free movement in both the Black Sea and the straits under the Treaty of Edirne signed between the Ottoman state and Russia in 1829. The Treaty of Hünkar İskelesi signed on July 8, 1833 provided that the Ottoman state would close the straits to Great Britain and France if Russia is attacked. This way, Russia had great advantage over the straits and increased its security in the Black Sea; this was the last agreement by which the Ottoman state solely exercised its sovereign rights over the straits.
A new era started for the Turkish Straits with the London Straits Convention signed on July 13, 1841. For the first time, the status of the Turkish Straits and the Black Sea was regulated through a multilateral agreement which ended the era of bilateral agreements. Parties to the agreement were Austria, Great Britain, France, Prussia, Russia and the Ottoman state. The London Straits Convention was important because it made the straits international passageways, restricted Ottoman sovereignty over the straits, undermined Russian advantage over the straits and increased the security of France and Great Britain in the Mediterranean. It is also important in legal aspects because under the agreement, the Ottoman state was entitled to restrict passage of foreign warships in peacetime. Under the agreement, the restriction of warship passage through the straits in peacetime became an international obligation.
Changes post-Crimean War
In the aftermath of the Crimean War, wherein Russia tasted a bitter defeat, the Declaration of Paris, which demilitarized the Black Sea, was signed between the Ottoman state, Russia, Great Britain, France, Sardinia, Austria and Prussia, in 1856. The presence of the Ottomans and the Russians in the Black Sea was subjected to some conditions under this agreement. In an effort to prevent the passage of the Russian Navy through the straits, the agreement forbade the passage of military vessels of all states, including the Ottoman Empire. The agreement also provided that the 1841 straits agreement provisions would be observed and that Russia and the Ottomans were banned from having war vessels or shipyards in the Black Sea.
On March 13, 1871, the London Straits Agreement on the Black Sea was signed. Under the agreement, the neutrality of Black Sea was lifted and it was agreed that the Ottoman state's allies would be allowed to sail war vessels through the straits even in peacetime, subject to permission by the Ottoman sultan. With the agreement, the Ottoman state got rid of most of the restrictions imposed by the 1841 and 1856 agreements. The Berlin Agreement signed between the Ottoman state and Great Britain, France, the Austrian-Hungarian Empire, Germany, Italy and Russia in 1878 provided for the opening of the straits to free passage in accordance with the previous relevant agreements -- and they would remain under Ottoman control in wartime. Under Article 37 of the draft Sèvres Agreement signed on Aug. 10, 1920, all states would be entitled to sail commercial and war vessels through and fly airplanes over the straits and the Marmara Sea. Under the same agreement, this region would not be blockaded and the rights of the warring parties under the law of war would not be recognized in this zone. Authorization to determine the passage regime through the straits was left to an international commission on which the Ottoman state would not have a seat. The passage regime through the Turkish Straits was governed by the 1871 London Agreement until the Lausanne Straits Agreement was signed as a supplement to the Lausanne Agreement under Article 23 on July 24, 1923. Under this agreement, the straits were made open to commercial vessels, were demilitarized and seizure of foreign war vessels entering the Black Sea in peacetime was subjected to certain limitations. However, because of heavy insistence by Great Britain, no limit was set for war vessels in wartime.
The fundamental principles of the Lausanne Straits Agreement are demilitarization of the straits zone and establishment of a straits commission, because the Ottoman state was allowed under the London Agreement to open the straits for war vessels of ally countries when necessary for the sake of its own security.The current international status of the Turkish straits was set by the Montreux Convention, which annulled the provisions on international straits commission and the demilitarized zone which heavily restricted Turkey's domination and sovereignty over the straits. The Montreux Convention Regarding the Regime of the Turkish Straits, signed with the participation of Bulgaria, Great Britain, Australia, France, Japan, Romania, the Soviet Union, Turkey, Yugoslavia and Greece on July 20, 1936, was ratified by the Turkish Parliament on July 31, 1936 and entered into force Nov. 9, 1936. The Montreux Convention is the primary instrument that governs passage of the commercial and war vessels through the strait. The Montreux agreement is one of the multilateral treaties that has kept its importance and validity since its entrance into force.
