Republishing, Montreux Convention hanging by a thread

I wrote this blog post “Montreux Convention hanging by a thread”, on August 3, 2021. As Lausanne Agreement is about to lapse and being a topical interest I am republishing this. The original reference is:

https://strbiz.blogspot.com/2021/08/montreux-convention-hanging-by-thread.html

Come August 2023, Lausanne Agreement lapses, along with it, up goes in the air, Montreux Convention executed as a corollary to Lausanne Agreement. Hanging by a thread Turkey has the liberty to choose whether to give Montreux Convention new lease of life or administer its last rites!

When the Lausanne agreement was ratified in August 1924 by Turkey, it did not contain any clause re expiry date. Under international law & convention all such agreements lapse after the period of 99 years. Hence come August Lausanne Agreement lapses in Toto. Incidentally under the terms of agreement contracting parties agreed by Article 23 “To recognize and declare the principle of freedom of passage and navigation by sea and by air in the time of peace”. There are two salience:

1) This freedom of passage is restricted to innocent passage (Read: civilian travel)

2) This is related to Bosporus and Dardanelles, called collectively as Turkish Straits

Montreux Convention of 1936, driving legitimacy from the Lausanne Agreement went on to deal with military related passage. Consequently, several restrictions were placed as regards to number, tonnage, size and other specifications of the military vessels in transit. The right to close Turkish Straits was granted to Turkey, under Article 20 & 21 if Turkey faces anytime, “imminent threat of war against it”

What was significant is that unless Lausanne Agreement, Montreux Convention   stipulated the expiry date after ten years from 1936. However after this Convention lapsed in 1946 it was renewed several times since then, to facilitate and regulate military movement via the Turkish Straits. Hence it is still in force at the time of writing.

Although Turkey is bound to honour the terms of the Convention, she has the right to leave it anytime she wishes. That said, once the Lausanne Agreement Lapses in August 2023, Montreux Convention is rendered ineffective. This event frees Turkey out of any voluntary or involuntary bondage to honour any terms of understanding that arises either as follow-up of Montreux or any other that could be put in its place. As a result both Bosporus & Dardanelles transform into unencumbered properties of Turkey.

Turkish straits are important & vital conduits to countries bordering Black Sea out to Mediterranean. Pointedly it is doubly significant for Russia which does not have all weather outlets elsewhere. Evidently, Russia and other Black Sea nations have to live with Turkey as she would be transformed into a geoeconomics giant in 2023 and in an unenviable position to call the shots regarding passage thru Turkic Straits.

Presumably, Turkey is free to impose transit fees and any other restrictions over the movement of both civilian and military traffic via the Straits. Precisely, two more years are left for Russia and Black Sea nations to come to terms with and enter into some short of entente cordiale with the emerging geoeconomics power.

 

Cheers!

 

Muthu Ashraff

Business Strategist

Mobile: + 94 777 265677

E-mail:   cosmicgems@gmail.com

Blog:   Business Strategist