Georgia proposed to NATO to establish a coast guard base in Poti. On March 28, as Vzglyad writes, he told reporters about such details of Tbilisi’s cooperation with the North Atlantic Alliance. Brigadier General Vladimir Chachibaia, Chief of the General Staff of the Georgian Armed Forces.
One of the possibilities for an operational strengthening of NATO in the Black Sea is the frequent visits of warships of the North Atlantic Alliance, but there is a deterrent here - the Montreux Convention. Another way out is if NATO helps Georgia and Ukraine to strengthen their military flotillas, which is associated with large finances. Or, for example, to establish a coast guard base in the coastal zone of Georgia, near Poti, a port of strategic importance," Chachibaia specified.
According to the publication, in mid-February, NATO Minister of Defense of Georgia Levan Izoria"concrete proposals for the form of Georgia's participation in practical measures to ensure security in the Black Sea" were presented, their details were not disclosed. It is known that the minister discussed these plans in Brussels during negotiations with his Romanian counterpart Gabriel Benjamin Lesh: allegedly it is Romania, a NATO member country, that will oversee the issue of including Georgia, which is not included in the military bloc, in this sphere of Black Sea security.
Recall that in accordance with the Montreux Convention, which has been in force since 1936, non-Black Sea countries are allowed to pass through the straits to the Black Sea only light surface ships and auxiliary vessels with a displacement of not more than 10,000 tons each. They have no right to enter aircraft carriers and submarines into the Black Sea. The total tonnage of the squadron of warships of non-Black Sea countries located in the Black Sea should not exceed 45,000 tons. The time of stay of warships of non-Black Sea countries is also strictly limited and should not exceed 21 days, regardless of the purpose of the arrival. The Turkish authorities must be notified through diplomatic channels of the passage of warships through the Black Sea straits, for non-Black Sea countries - 15 days in advance, for the Black Sea - usually 8 days, but not less than three.
On the one hand, the straits control regime has long been defined and strictly observed, on the other hand, a number of experts believe that the West has a desire to find loopholes in the Montreux Convention. For example, they say that for military purposes the alliance can use Odessa, Ilyichevsk and Yuzhny ports in Ukraine and the ports of Poti and Anaklia in Georgia. The latter is being rebuilt by the Anaklia Development Consortium together with the American company Conti International and the Georgian bank TBC. However, there are arguments that this project is of purely economic importance and is necessary for the port to be able to receive bulk carriers and tankers with a large displacement.
Aleksey Fenenko, assistant professor of international security at the Faculty of World Politics at Lomonosov Moscow State University, believes that the United States has been trying to destroy the Montreux Convention for a long time - since 2007, that is, from the moment when there was a deterioration in US-Turkish relations.
This desire was strongly manifested at the time of the armed conflict in 2008 between Georgia, on the one hand, and the republics of South Ossetia and Abkhazia, as well as Russia, on the other. Even before the conflict, a NATO ship group was formed in the Black Sea for the first time, consisting of the flagship of the US 6th Fleet USS Mount Whitney, the destroyer USS McFaul, the patrol ship USCGC Dallas, as well as three frigates - the German FGS Lübeck, the Spanish Almirante Juan de Borbon and the Polish - General Kazimierz Pulaski. But immediately during the crisis - for the period of the active Russian operation - Turkey closed the passage through the Bosphorus and the Dardanelles for American ships sent to Georgia with humanitarian cargo. Such was Moscow's dialogue with Ankara then. The United States did not want to be dependent on the position of Turkey, so the search for ways around the Montreux Convention was intensified. At the beginning of 2009, the issue of renting the Bulgarian port of Burgas was actively discussed. Now this topic has faded into the background and, judging by the contacts, the emphasis is on Georgia.
"SP": - And what, in your opinion, will such a lease give the Americans?
If the United States concludes an agreement with Georgia, Romania, Bulgaria on the lease of ports, this will automatically make them a Black Sea power and lead to the destruction of the Montreux Convention. Then the US will be able to enter ships into the Black Sea without asking permission from Turkey. In this regard, it doesn’t matter what the object will be called - “the base of the coast guard”, two berths or something else, the main thing for the Americans is paper and an agreement that will make them a Black Sea country. By the way, this once again shows how beneficial the Russian-Turkish rapprochement is: Russia and Turkey are in the same boat and both countries need the Montreux Convention.
Deputy Director of the Taurida Information and Analytical Center RISS Sergey Ermakov also suggests that Turkey, which is guarding the convention and the Bosporus and Dardanelles, has no desire to exchange it for something else.
There is especially no such desire after the summer events - the failed coup d'état, in which Ankara indirectly blames its ally - the United States, since Fethullah Gülen lives in America since 1999.
It is clear that Tbilisi has a great desire to somehow consolidate its status among its allies - NATO member countries, given that the alliance is actively implementing its new long-term strategy in the Black Sea region in response, according to NATO, to "Russia's aggressive actions" . Brussels does not hide the desire to increase the naval capabilities of the military bloc and create a more advanced system of coordination between the naval forces of the Black Sea countries and the alliance's naval grouping. In this regard, it is important for NATO to rely, if not on the members of the bloc - Romania and Bulgaria, but on fairly biased allies - Georgia and Ukraine.
We should not forget about the changes in the US foreign military base system, when the Americans modestly call their military installations in the region points of forward basing and security. In fact, the States are focusing on NATO allied countries that would develop infrastructure. It can be used and periodically checked through various "activations" - military exercises under all sorts of legends, including the fight against international terrorism, etc.
Plus, as far as I understand, NATO has an idea to revive the Black Sea Naval Force program, which, by the way, included Russia, and try to connect the Black Sea countries through such a mechanism, expand the format of cooperation through friendly visits to their ports of NATO ships. And then join the countries of the bloc, which have developed naval forces, to such “activation” exercises.
"SP": - How does Georgia fit into such a mechanism?
On the territory of Georgia, as well as Ukraine, Romania, Bulgaria, an infrastructure capable of receiving and servicing ships of the North Atlantic bloc can be built.
"SP": - At present, NATO ships can also enter the ports of these countries ...
They can, but we are talking about creating integrated bases of a new type, which, on the one hand, allow receiving ships, and on the other, are centers and strongholds for monitoring and controlling the maritime situation. And at such points, by definition, there should be a sufficient number of specialists from the armed forces of NATO countries. Due to this, the alliance's capabilities in the region will be strengthened, as well as political pressure will be exerted on Ankara in the sense that it will be clear to her that she is not the only ally in the Black Sea.
However, there are other opinions as well. Deputy Director of the Institute for Political and Military Analysis Alexander Khramchikhin notes that in the strict sense of such a military term as "coast guard base" does not exist.
What the Georgian commander means by this is absolutely incomprehensible. And I still don’t understand how you can get around the Montreux Convention, since everything is clearly and understandably written there. There is only one "bypass" mechanism - to openly cease to implement the regime of control over the straits, that is, to publicly declare it. By the way, that's why the stories about the fact that a NATO base should appear in Sevastopol on the site of "Secondary School No. 5" were absolutely fantastic. There are no such facilities of the US Navy either in Varna or in Constanta, although the respective countries have been members of the North Atlantic Alliance for 13 years.
Researcher at the Center for Analysis of Strategies and Technologies, editor-in-chief of the Arms Export journal Andrey Frolov also believes that we can talk about purely cosmetic measures that will not lead to any significant practical result and a serious strengthening of the military potential of the alliance in the region.
If it were so easy to conclude a lease agreement, become a Black Sea power and not comply with the Straits control regime, then the Americans would have taken advantage of this loophole back in the days of the Cold War. In my opinion, the statement of the Georgian commander is another attempt to draw attention to himself with various initiatives. Tbilisi and Kiev do it regularly.
"We will not allow anyone to violate the Montreux Convention, including the United States. It is too important for stability in the Black Sea region and the security of Istanbul and the straits," Turkish Foreign Minister Ahmet Davutoglu said during his visit to Japan on April 13.
A little earlier, Russian Foreign Minister Sergei Lavrov criticized Turkey for violating the convention when Turkey allowed US Navy ships to stay in the Black Sea for more than 21 days. Although Lavrov's statement was officially refuted by Ankara, Russian Ambassador to Turkey Andrey Karlov repeated them during a conference last week, based on recommendations from the Russian Foreign Ministry.
The Turkish Foreign Ministry officially stated in response: “We are puzzled by the persistent attempts of the Russian Federation to keep the negotiations on the Montreux Convention on the agenda. Russia stated that the USS Taylor was in the Black Sea for more than 21 days, however, the Turkish Foreign Ministry recalls that the aforementioned ship was stuck in port due to damage to the propeller that occurred when entering the port of Samsun. When attempts to repair failed, the ship was towed outside both the Black Sea and the straits. "
The allegation that the Montreux Convention was violated because of the time spent trying to repair the damaged ship, which was in port and unable to move, is incomprehensible."
Also, the Turkish Foreign Ministry notified the Russian Foreign Ministry in writing that "... the second US ship, USS Truxtun, left the Black Sea for 21 days and there was no violation at all"
USS Truxtun (DDG 103) in the Mediterranean
Recalling that the Black Sea region is going through a crisis due to the Ukrainian events, Turkish Foreign Minister Davutoglu admitted that "...from time to time, at such moments, disagreements with Russia are inevitable.
However, for the last 78 years, Turkey has faithfully implemented the Montreux Convention, which makes a significant contribution to the security of the Black Sea countries. We believe that discussing the minor technical provisions of the Convention through the media does not benefit anyone.
On the other hand, it's great that we have the opportunity to resolve differences with Russia through dialogue. We sit down and discuss all our differences. Turkey will continue to implement the implementation of the Montreux Convention in a meticulous manner, as it has always done," he said.
Meanwhile, yesterday, four Turkish F-16s flew to intercept a Russian Il-20M reconnaissance aircraft, which went for several tens of kilometers parallel to the Turkish sea border, from the Black Sea, but without crossing it, examining the Turkish coast and ports with its means of observation
Probably, the Il-20M controlled the lack of military activity in the Turkish Black Sea ports, as well as the possible presence of US and French submarines in this region.
A source in the Turkish Armed Forces said that: "...we are not offended. Trust, but verify, as they say in Russia."
H. V. King of the Bolgars, President of the French Republic, H. V. King of Great Britain, Ireland and the British Dominions overseas, Emperor of India, H. V. King of the Hellenes, H. V. Emperor of Japan, H. V. King of Romania, President Republic of Turkey, Central Executive Committee of the Union of Soviet Socialist Republics, E. V. Korol of Yugoslavia;
Encouraged by the desire to regulate the passage and navigation in the Dardanelles, in the Sea of Marmara and in the Bosphorus, embraced by the general definition of "Straits", in order to protect, within the framework of the security of Turkey and security in the Black Sea, coastal states, the principle enshrined in Article 23 of the Peace Treaty signed at Lausanne on July 24, 1923;
Have decided to replace by this Convention the Convention signed at Lausanne on July 24, 1923, and have appointed their Plenipotentiaries for this purpose, namely:
who, upon presentation of their full powers, found to be in due and proper form, have agreed upon the following provisions:
Article 1
The High Contracting Parties recognize and reaffirm the principle of the right of freedom of passage and navigation in the Straits.
The exercise of this right shall henceforth be governed by the provisions of this Convention.
Section I. MERCHANT VESSELS
Article 2
In time of peace, merchant ships shall enjoy the right of complete freedom of passage and navigation in the Straits, day and night, regardless of flag, and cargo, without any formalities, subject to the provisions of the following article 3. No dues or fees, other than those for which the collection of which is provided for in Annex I to this Convention shall not be collected by the Turkish authorities from these ships when they pass in transit without stopping in one of the ports of the Straits.
In order to facilitate the collection of these dues or charges, merchant ships passing through the Straits must communicate to the officers of the station referred to in Article 3 their name, flag, tonnage, destination and departure.
Article 3
Any ship that enters the Straits from the Aegean Sea or from the Black Sea will have to stop at the sanitary station at the entrance to the Straits in order to undergo a sanitary inspection established by Turkish regulations within the framework of international sanitary regulations. This inspection, in respect of ships holding a clean health patent or having presented a health declaration certifying that they are not subject to the provisions of paragraph 2 of this article, will be carried out both day and night with the greatest possible speed; the ships mentioned above will not be required to stop at any other point in the Straits during their passage.
Vessels carrying cases of plague, cholera, yellow fever, typhus or smallpox, or having had such on board in the last seven days, as well as ships that have left an infected port in less than five days, will be required to stop at the sanitary station indicated in the previous paragraph, for the admission on board of sanitary overseers, if any are appointed by the Turkish authorities. As such, no dues or fees will be charged, and overseers will need to be dropped off at a sanitary station when leaving the Straits.
Article 4
During the war, when Turkey is not a belligerent, merchant ships, regardless of flag and cargo, will enjoy the right of freedom of passage and navigation in the Straits, under the conditions provided for in Articles 2 and 3.
Piloting and use of tugboats remain optional.
Article 5
During a war when Turkey is a belligerent, merchant ships not belonging to a country at war with Turkey will enjoy the right of freedom of passage and navigation in the Straits, provided that (these ships) do not assist the enemy in any way.
These ships will have to enter the Straits during the day; the passage will have to be carried out along the path, which in each case will be indicated by the Turkish authorities.
Article 6
In the event that Turkey would consider itself to be under imminent military danger, the application of the provisions of Article 2 would nevertheless continue, provided, however, that ships would have to enter the Straits during the day and that passage would have to be made along the route indicated in on a case-by-case basis, by the Turkish authorities.
Pilotage may, in this case, be made mandatory, but will be free of charge.
Article 7
The term "merchant ships" applies to all ships not covered by Section II of this Convention.
Section II. WARSHIPS
Article 8
For the purposes of this Convention, the definition to be applied to warships and their specifications, and to the calculation of tonnages, is the definition set out in Annex II to this Convention.
Article 9
Auxiliary ships of the navy exclusively adapted for the carriage of liquid or other fuels shall not be required to give notice under Article 13 and shall not be included in the calculation of tonnages to be limited by virtue of Articles 14 and 18, provided they pass through the Straits alone. However, they will be brought under warships in relation to other passage conditions.
Auxiliary ships referred to in the preceding paragraph may only benefit from the above derogation if their armament consists: in respect of artillery against floating targets, not more than two guns of a maximum caliber of 105 mm; in relation to artillery against air targets, no more than two apparatuses of a maximum caliber of 75 mm.
Article 10
In peacetime, light surface ships, small warships and auxiliaries, whether they belong to the Black Sea coastal powers or not, whatever their flag, will enjoy the right of freedom of passage through the Straits, without any or dues or fees, insofar as they enter there by day and under the conditions provided for in Articles 13 et seq. below.
Warships, other than those which fit into the classes referred to in the preceding paragraph, shall have the right of passage only under the special conditions provided for in Articles 11 and 12.
Article 11
The Powers coastal to the Black Sea are allowed to pass through the Straits their ships of the line of a tonnage exceeding the tonnage provided for in the first paragraph of Article 14, provided that these ships pass through the Straits alone, escorted by no more than two destroyers.
Article 12
The powers bordering the Black Sea will have the right to pass through the Straits, in order to return to their base, their submarines built or bought outside this sea, if Turkey has been given advance notice of the laying or purchase.
Submarines belonging to the said Powers may likewise pass through the Straits for repairs in shipyards located outside this sea, provided that accurate data on this matter be given to Turkey.
In both cases, submarines will have to sail during the day and, moreover, on the surface and pass through the Straits alone.
Article 13
For the passage of warships in the Straits, advance notification must be made to the Turkish Government through diplomatic channels. The normal notice period will be eight days; however, it is desirable that for the powers not littoral to the Black Sea, it should be extended to fifteen days. The advance notice will indicate the destination, name, type and number of ships, as well as the date of passage in the original direction and, if any, on the return. Any change of date must be subject to three days' notice.
Entry into the Straits for passage in the original direction must take place within five days from the date specified in the initial notice. At the end of this period, a new advance notice must be given, under the same conditions as for the initial notice.
When passing, the head of the naval detachment will inform, without being obliged to stop, the signal station located at the entrance to the Dardanelles or the Bosporus, the exact composition of the detachment under his command.
Article 14
The total maximum tonnage of all ships of foreign maritime detachments which may be in transit through the Straits shall not exceed 15,000 tons, except as provided in Article 11 and in Annex III to this Convention.
However, the units referred to in the preceding paragraph must not consist of more than nine ships.
Not to be included in this tonnage are ships belonging to Powers littoral to the Black Sea or not littoral which, in accordance with the provisions of Article 17, pay a visit to one of the ports of the Straits.
Article 15
Warships transiting the Straits may not, under any circumstances, use the aircraft that might be on them.
Article 16
Warships transiting the Straits shall not, except in accident or misfortune at sea, be required to stay there longer than the time required to complete their passage.
Article 17
The provisions of the preceding articles cannot in any way prevent a sea party of any tonnage and composition from making, at the invitation of the Turkish Government, a short courtesy visit to the port of the Straits. This unit must leave the Straits by the same route as for entry, unless it satisfies the conditions required for passage through the Straits in transit under the provisions of Articles 10, 14 and 18.
Article 18
1. The total tonnage which non-coastal Powers of the Black Sea may have in that sea in time of peace shall be limited as follows:
(a) Except as provided in paragraph "b" below, the total tonnage of the said Powers shall not exceed 30,000 tons;
b) in the event that, at any given moment, the tonnage of the most powerful fleet in the Black Sea exceeds by at least 10,000 tons the tonnage of the most powerful fleet in that sea by the date of signature of this Convention, then the total tonnage of 30,000 tons provided for in paragraph " a" will be increased by the same amount, up to a maximum figure of 45,000 tons. For this purpose, each coastal Power will report, in accordance with Annex IV to this Convention, to the Turkish Government on January 1 and July 1 of each year, the total tonnage of its fleet in the Black Sea, and the Turkish Government will transmit this information to other High Contracting Parties, as well as to the General Secretary of the League of Nations;
(c) the tonnage which any non-coastal Power shall be entitled to have in the Black Sea shall be limited to two-thirds of the total tonnage provided for in paragraphs "a" and "b" above;
d) however, in the event that one or several of the non-Black Sea Powers wish to send there, for humanitarian purposes, a naval detachment, then this detachment, which as a whole should not, in any case, exceed 8,000 tons, will be allowed to enter the Black Sea without the advance notice provided for in Article 13 of this Convention, by permission obtained from the Turkish Government under the following conditions: if the total tonnage provided for in paragraphs "a" and "b" above is not reached and exceeded by the detachment whose sending is requested, the Turkish Government will give the said permission as soon as possible after receiving the request addressed to it; if the said total tonnage turns out to be already used or if it would be exceeded by the detachment whose dispatch is requested, the Turkish Government will immediately inform the other Black Sea coastal powers of the request for permission; if these Powers do not raise any objection to this notification within a day after receiving this notification, it will notify the Powers concerned, no later than within the appropriate two-day period, of the decision it will take on their request.
Any subsequent entry into the Black Sea by a naval detachment of non-coastal Powers will take place only within the free limits of the total tonnage provided for in paragraphs "a" and "b" above.
2. Whatever the purpose of their sojourn in the Black Sea, warships of non-coastal powers may not remain there for more than twenty-one days.
Article 19
In time of war, when Turkey is not a belligerent, warships shall enjoy the right of complete freedom of passage and navigation in the Straits, under conditions identical to those specified in Articles 10 to 18.
However, warships of any belligerent power shall not have the right to pass through the Straits, except in cases subject to the application of Article 25 of this Convention, and in the case of assistance provided to a state that has been the victim of an attack, by virtue of a mutual assistance treaty obliging Turkey, concluded under the Statute of the League of Nations, registered and published under the provisions of Article 18 of the said Statute.
In the exceptional cases provided for in the preceding paragraph, the restrictions referred to in Articles 10 to 18 will not apply.
Notwithstanding the prohibition of passage laid down in paragraph 2 above, warships of belligerent powers, whether or not coastal to the Black Sea, which are separated from the ports of their main anchorage, may return to those ports.
Warships of the belligerents are forbidden to carry out any kind of seizure in the Straits, to exercise the right of inspection and to carry out any hostile actions.
Article 20
In time of war, when Turkey is a belligerent, the provisions of Articles 10 to 18 will not apply; the passage of warships will depend solely on the discretion of the Turkish Government.
Article 21
In the event that Turkey would consider itself threatened by an imminent military danger, it would be entitled to apply the provisions of Article 20 of this Convention.
Warships which, having passed through the Straits before Turkey had taken advantage of the opportunity afforded to it by the preceding paragraph, would have been thus separated from the ports of their principal mooring, may return to those ports. It is agreed, however, that Turkey may prevent the exercise of this right by the ships of a state whose position would cause the application of this article.
If the Turkish Government uses the facilities afforded to it by the first paragraph above, it will notify the High Contracting Parties, as well as the Secretary General of the League of Nations.
If the Council of the League of Nations decides by a majority of two-thirds of the votes that the measures thus taken by Turkey are unreasonable, and if such be the opinion of the majority of the High Contracting Parties signatory to the present Convention, then the Turkish Government undertakes to cancel these measures, as well as those that were would be accepted by virtue of Article 6 of this Convention.
Article 22
Warships carrying cases of plague, cholera, yellow fever, typhus or smallpox, or having had such cases on board for at least the past seven days, as well as ships that have left an infected port at least five days in advance, will be required to pass in Straits in quarantine and use ship's means of the necessary preventive measures to avoid any possibility of contamination of the Straits.
Section III. AIRCRAFT
Article 23
In order to ensure the passage of civil aircraft between the Mediterranean Sea and the Black Sea, the Turkish Government will indicate, outside the prohibited areas of the Straits, the air routes intended for this passage; civil aircraft can use these routes by giving the Turkish Government three days' advance notice for occasional air flights and general advance notice of passage dates for scheduled air flights.
On the other hand, despite the remilitarization of the Straits, the Turkish Government will provide the necessary facilitation for the passage, on the basis of complete safety, of civil aircraft that have received permission under the air regulations in force in Turkey to fly Turkish territory between Europe and Asia. In cases where permission to fly would be given, the route to be followed in the Straits area will be indicated from time to time.
Section IV. GENERAL PROVISIONS
Article 24
The functions of the International Commission formed by virtue of the Convention on the Regime of the Straits of June 24, 1923, are transferred to the Turkish Government.
The Turkish Government undertakes to compile statistics and provide information relating to the application of Articles 11, 12, 14 and 18.
It shall supervise the implementation of any of the provisions of this Convention relating to the passage of warships in the Straits.
As soon as it has been notified of the imminent passage of a foreign naval detachment through the Straits, the Turkish Government will inform the representatives of the High Contracting Parties in Ankara of the composition of this detachment, its tonnage, the date envisaged for its entry into the Straits and, if so, of the probable date of his return.
The Turkish Government shall annually send to the Secretary General of the League of Nations, as well as to the High Contracting Parties, reports indicating the movement of foreign warships in the Straits and giving all the information useful for trade, navigation and air traffic, which is meant in this Convention.
Article 25
Nothing in this Convention shall prejudice the rights and obligations arising from the Statute of the League of Nations for Turkey or for any other High Contracting Party which is a member of the League of Nations.
Section V. FINAL DECISIONS
Article 26
This Convention shall be ratified as soon as possible.
The instruments of ratification will be deposited in the archives of the Government of the French Republic in Paris.
The Japanese Government will have the right to confine itself to informing the Government of the French Republic, through its diplomatic representative in Paris, that ratification has taken place, in which case it will have to transmit the instrument of ratification as soon as possible.
The Surrender Minutes will be drawn up as soon as six instruments of ratification, including Turkey's, have been deposited. For these purposes, the communication provided for in the preceding paragraph would be tantamount to the deposit of an instrument of ratification.
This Convention shall enter into force on the date of signing of this protocol.
The French Government will transmit to all High Contracting Parties a certified copy of the protocol referred to in the preceding paragraph and the protocols of subsequent ratifications.
Article 27
From the date of its entry into force, this Convention shall be open for accession by any Power signatory to the Lausanne Peace Treaty of July 24, 1923.
Any accession will be communicated through diplomatic channels to the Government of the French Republic, and by the latter to all the High Contracting Parties.
It shall enter into force on the date of the notification to the French Government.
Article 28
This Convention shall have a period of twenty years from the date of its entry into force.
However, the principle of the right of freedom of passage and navigation, declared in Article 1 of this Convention, shall be valid indefinitely.
If, two years before the expiration of the said period of twenty years, neither High Contracting Party has given the French Government notice of denunciation, the present Convention shall remain in force until two years have elapsed after the date of giving notice of denunciation. This notification will be communicated by the French Government to the High Contracting Parties.
If this Convention were to be denounced under the provisions of this article, the High Contracting Parties agree to be represented at the conference to draw up the text of a new convention.
Article 29
At the expiration of each period of five years from the date on which this Convention enters into force, each of the High Contracting Parties may take the initiative to propose an amendment to one or more of the provisions of this Convention.
In order to be admissible, a request for revision made by one of the High Contracting Parties must be supported by the other Contracting Party if it is a matter of changes in Article 14 or in Article 18, and if it is a matter of changes in any other article, by the other two High Contracting Parties.
The Request for Reconsideration, thus supported, shall be communicated to all High Contracting Parties three months before the expiration of the current five-year period. This notice will contain indications of the proposed changes and their rationale.
If it is not possible to agree on their proposals through diplomatic channels, the High Contracting Parties will send their representatives to a conference to be convened for this purpose.
This conference shall have the power to take decisions only unanimously, except in cases of revision relating to Article 14 and Article 18, on which a majority of three-fourths of the High Contracting Parties will suffice.
This majority shall be calculated to include three quarters of the High Contracting Parties littoral to the Black Sea, including Turkey.
IN WITNESS WHEREOF, the Commissioners named above have signed this Convention.
Done at Montreux, this twentieth day of July, one thousand nine hundred and thirty-six, in eleven copies, of which the first, bearing the seals of the commissioners, will be deposited in the archives of the Government of the French Republic, and the others will be given to the signatory powers.
In Montreux (Switzerland). At the same time, Turkey undertook to comply with the principles of international maritime law.
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The conference on the regime of the Black Sea straits was held on June 22 - July 21, 1936 in Montreux (Switzerland) with the participation of the USSR, Turkey, Great Britain, France, Bulgaria, Romania, Greece, Yugoslavia, Australia and Japan. The conference was convened at the suggestion of Turkey in order to revise the convention on the regime of the Black Sea straits adopted at the Lausanne Conference of 1922-23. Italy refused to participate in the conference, as the participating countries supported international sanctions against Italy in connection with the situation in Ethiopia. At the conference in Montreux, Great Britain came up with a proposal to equalize the rights of the Black Sea and non-Black Sea powers to the passage of their warships through the straits, which would lead to a restriction of the rights of passage of the ships of the Soviet Navy. Ultimately, the conference was not disrupted and led to the development of agreed decisions. On July 20, the participating countries signed a new convention on the regime of the straits, on the basis of which Turkey received the right to remilitarize the straits zone.
Main provisions of the convention
The Montreux Convention preserves for the merchant ships of all countries the freedom of passage through the straits both in peacetime and in wartime. However, the regime for the passage of warships is different in relation to the Black Sea and non-Black Sea states. Subject to prior notice to the Turkish authorities, the Black Sea powers can pass through the straits in peacetime their warships of any class. Significant restrictions on class (only small surface ships pass) and on tonnage have been introduced for warships of non-Black Sea powers. The total tonnage of warships of non-Black Sea states in the Black Sea should not exceed 30 thousand tons (with the possibility of increasing this maximum to 45 thousand tons in the event of an increase in the naval forces of the Black Sea countries) with a stay of no more than 21 days. In the event of Turkey's participation in the war, and also if Turkey considers that it is directly threatened by war, it has the right to allow or prohibit the passage through the straits of any warships. During a war in which Turkey is not involved, the straits must be closed to the passage of warships of any belligerent power. The convention liquidated the international commission on the straits provided for by the Lausanne Convention with the transfer of its functions to the government of Turkey.
- Black Sea powers (Turkey, Romania, Bulgaria, USSR until 1991, Russia since 1991, Ukraine since 1991, Georgia since 1991)
Significance of the convention
The decisions adopted at the conference in Montreux became for their time a step forward towards recognizing the rights of the Black Sea countries in the issue of the status of the straits. Italy acceded to the Montreux Convention in 1938.
Question about the passage of aircraft carriers
One of the controversial issues in relation to the convention is the possibility of aircraft carriers passing through the straits. Article 10 stipulates:
In peacetime, light surface ships, small warships and auxiliaries, whether they belong to the Black Sea Powers or not, whatever their flag, will enjoy the right of freedom of passage through the Straits, without any fees or charges, insofar as they enter there by day and under the conditions provided for in Articles 13 et seq. below. Warships other than those falling under the classes referred to in the preceding paragraph shall have the right of passage only under the special conditions provided for in Articles 11 and 12.At the same time, Article 11 stipulates the right of passage for battleships, Article 12 - the rule for the passage of submarines. Annex II paragraph B of the convention defines the classes of battleships, light warships, small combat and auxiliary vessels, submarines and, separately, aircraft carriers:
Aircraft carriers are surface warships which, whatever their displacement, are intended or constructed primarily for the transport and deployment of aircraft at sea. If a warship was not intended or arranged primarily for the transport and commissioning of aircraft at sea, then the arrangement on this ship of a deck for launching or taking off will not have the consequence of including it (the ship) in the class of aircraft carriers.Thus, formally, aircraft carriers do not have the right to pass through the straits, since Article 10 stipulates the conditions for passage only for light surface, small and auxiliary ships, and specifically stipulates that, apart from them, only battleships (Article 11) and submarines (Article 12) have the right of passage ). Aircraft carriers are de facto excluded from the number of ships entitled to the passage of the straits. An exception is the situation in which Turkey is a belligerent or considers itself under a direct military threat - in this case, according to Articles 20 and 21, Turkey has the right to regulate the passage of ships at its discretion.
Despite the formal absence of rules for the passage of aircraft carriers of the straits, the USSR did not experience significant difficulties with the withdrawal of its aircraft-carrying cruisers built in Nikolaev through the straits. Periodically, assumptions are made that the presence of powerful strike weapons on Soviet aircraft-carrying ships was connected precisely with the desire to avoid the formal classification of these ships as aircraft carriers - that is, designed or constructed primarily for the carriage and commissioning of aircraft at sea.
Significant cases in the context of the convention with the USA
However, it should be noted that according to Article 21:
In the event that Turkey would consider itself threatened by an imminent military danger, it would have the right to apply the provisions of Article 20 of this Convention. If the Turkish Government uses the facilities afforded to it by the first paragraph above, it will notify the High Contracting Parties, as well as the Secretary General of the League of Nations. If the Council of the League of Nations decides by a two-thirds majority that the measures thus taken by Turkey are not justified, and if such be the opinion of the majority of the High Contracting Parties signatory to the present Convention, then the Turkish Government undertakes to cancel these measures, as well as those would be accepted by virtue of Article 6 of this Convention.In view of the dissolution of the League of Nations, the right to apply Article 20
In time of war, when Turkey is a belligerent, the provisions of Articles 10 to 18 will not apply; the passage of warships will depend solely on the discretion of the Turkish government.- is entirely under the jurisdiction of Turkey itself [ ] . Thus, Turkey has the right - if it considers the situation threatening for itself - to regulate the regime of the straits at its own discretion, including allowing warships of non-Black Sea powers to stay in the water area for an unlimited time.
The Montreux Convention on the Status of the Straits (Convention de Montreux) regulates navigation in the Bosporus and Dardanelles and in the Sea of Marmara. The Bosporus connects the Black Sea with the Sea of Marmara, and the Dardanelles - the Sea of Marmara with the Aegean.
The convention was signed in Montreux (Switzerland) on July 20, 1936, and entered into force on November 9 of the same year. Eleven countries are party to the convention - the USSR, Australia, Bulgaria, Greece, Romania, Great Britain, Cyprus (since 1969), Turkey, Yugoslavia, Japan, and France.
The convention consists of 29 articles, 16 of which relate to warships, six are related to civil ships.
The main objective of the convention is to revise the results of the Lausanne Conference of 1922-23, which approved the principle of unrestricted passage of military and merchant ships of all countries to the Black Sea and back both in peacetime and in wartime.
The Montreux Convention secured Turkish sovereignty over the straits. The international commission on the straits, envisaged in Lausanne, was liquidated, the functions of monitoring and controlling the passage of ships through the straits were transferred to Turkey.
According to the convention, the merchant ships of all countries retained freedom of passage through the straits both in peacetime and in wartime. The Convention recognizes the special position of the Black Sea states. In peacetime, provided they give Turkey eight days' notice, warships of any class, including submarines, have the right to pass through the straits.
For warships of non-Black Sea powers, restrictions on class and tonnage have been introduced. The total tonnage of warships of non-Black Sea states simultaneously in the Black Sea (no more than nine ships) should not exceed 30,000 tons (or 45,000 if the naval forces of the Black Sea countries increase). The period of stay of these ships at sea is no more than 21 days. The tonnage of ships of one non-Black Sea country should not exceed 2/3 of the total tonnage of the ships of these countries located in the Black Sea. These countries must notify Turkey through diplomatic channels 15 days in advance of the passage of warships.
If one or more non-Black Sea countries send ships to the straits for humanitarian purposes, then their total tonnage should not exceed 8,000 tons.
Article 15 of the convention states that "warships passing through the straits in transit may not in any case use the aircraft that might be on them."
In the event of Turkey's participation in the war, as well as the threat of war, it can prohibit the passage through the straits of any warships. During a war in which Turkey does not take part, it has the right to prohibit the transit of the ships of the belligerent country.
