Montreux Convention Regarding the Regime of the Turkish Straits
Encyclopedia
The Montreux Convention Regarding the Regime of the Straits was a 1936 agreement that gives Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...

 control over the Bosporus Straits
Bosporus
The Bosphorus or Bosporus , also known as the Istanbul Strait , is a strait that forms part of the boundary between Europe and Asia. It is one of the Turkish Straits, along with the Dardanelles...

 and the Dardanelles
Dardanelles
The Dardanelles , formerly known as the Hellespont, is a narrow strait in northwestern Turkey connecting the Aegean Sea to the Sea of Marmara. It is one of the Turkish Straits, along with its counterpart the Bosphorus. It is located at approximately...

 and regulates military activity in the region. The Convention gives Turkey full control over the Straits and guarantees the free passage of civilian vessels in peacetime. It severely restricts the passage of naval ships not belonging to Black Sea states. The terms of the convention have been the source of controversy over the years, most notably concerning the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....

's military access to the Mediterranean Sea
Mediterranean Sea
The Mediterranean Sea is a sea connected to the Atlantic Ocean surrounded by the Mediterranean region and almost completely enclosed by land: on the north by Anatolia and Europe, on the south by North Africa, and on the east by the Levant...

.

Signed on 20 July 1936, it permitted Turkey to remilitarise the Straits. It went into effect on November 9, 1936 and was registered in League of Nations Treaty Series on December 11, 1936. It is still in force today, with some amendments.

Background

The convention was one of a series of agreements in the 19th and 20th centuries that sought to address the long-running "Straits Question" of who should control the strategically vital link between the Black Sea
Black Sea
The Black Sea is bounded by Europe, Anatolia and the Caucasus and is ultimately connected to the Atlantic Ocean via the Mediterranean and the Aegean seas and various straits. The Bosphorus strait connects it to the Sea of Marmara, and the strait of the Dardanelles connects that sea to the Aegean...

 and Mediterranean Sea
Mediterranean Sea
The Mediterranean Sea is a sea connected to the Atlantic Ocean surrounded by the Mediterranean region and almost completely enclosed by land: on the north by Anatolia and Europe, on the south by North Africa, and on the east by the Levant...

. In 1923 the Treaty of Lausanne
Treaty of Lausanne
The Treaty of Lausanne was a peace treaty signed in Lausanne, Switzerland on 24 July 1923, that settled the Anatolian and East Thracian parts of the partitioning of the Ottoman Empire. The treaty of Lausanne was ratified by the Greek government on 11 February 1924, by the Turkish government on 31...

 had demilitarised the Dardanelles and opened the Straits to unrestricted civilian and military traffic, under the supervision of the International Straits Commission of the League of Nations
League of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...

.

By the late 1930s, the strategic situation in the Mediterranean had significantly altered with the rise of Fascist Italy
Kingdom of Italy (1861–1946)
The Kingdom of Italy was a state forged in 1861 by the unification of Italy under the influence of the Kingdom of Sardinia, which was its legal predecessor state...

, which controlled the Greek-inhabited Dodecanese
Dodecanese
The Dodecanese are a group of 12 larger plus 150 smaller Greek islands in the Aegean Sea, of which 26 are inhabited. Τhis island group generally defines the eastern limit of the Sea of Crete. They belong to the Southern Sporades island group...

 islands off the west coast of Turkey and had significantly militarised the region with the construction of fortifications on Rhodes
Rhodes
Rhodes is an island in Greece, located in the eastern Aegean Sea. It is the largest of the Dodecanese islands in terms of both land area and population, with a population of 117,007, and also the island group's historical capital. Administratively the island forms a separate municipality within...

, Leros
Leros
Leros is a Greek island and municipality in the Dodecanese in the southern Aegean Sea. It lies 317 km from Athens's port of Piraeus, from which it can be reached by an 11-hour ferry ride . Leros is part of the Kalymnos peripheral unit...

 and Kos
Kos
Kos or Cos is a Greek island in the south Sporades group of the Dodecanese, next to the Gulf of Gökova/Cos. It measures by , and is from the coast of Bodrum, Turkey and the ancient region of Caria. Administratively the island forms a separate municipality within the Kos peripheral unit, which is...

. The Turks feared that Italy would seek to exploit access to the Straits to expand its power into Anatolia
Anatolia
Anatolia is a geographic and historical term denoting the westernmost protrusion of Asia, comprising the majority of the Republic of Turkey...

 and the Black Sea region. There were also significant fears of a Bulgarian rearmament. Although Turkey was not permitted to refortify the Straits, it nonetheless did so secretly.

In April 1935, the Turkish government despatched a lengthy diplomatic note to the signatories of the Treaty of Lausanne proposing a conference on the agreement of a new regime for the Straits and requested that the League of Nations authorise the reconstruction of the Dardanelles forts. In the note, Turkish foreign minister Tevfik Rüştü Aras
Tevfik Rüstü Aras
Tevfik Rüştü Aras was a Turkish politician, serving as deputy and foreign minister of Turkey during the Atatürk era .-Early years:...

 explained that the international situation had changed greatly since 1923. At that time, Europe had been moving towards disarmament and an international guarantee to defend the Straits. The Abyssinia Crisis
Abyssinia Crisis
The Abyssinia Crisis was a diplomatic crisis during the interwar period originating in the "Walwal incident." This incident resulted from the ongoing conflict between the Kingdom of Italy and the Empire of Ethiopia...

 of 1934–35, the denunciation by Germany of the Treaty of Versailles
Treaty of Versailles
The Treaty of Versailles was one of the peace treaties at the end of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June 1919, exactly five years after the assassination of Archduke Franz Ferdinand. The other Central Powers on the German side of...

 and international moves towards rearmament meant that "the only guarantee intended to guard against the total insecurity of the Straits has just disappeared in its turn." Indeed, Aras said, "the Powers most closely concerned are proclaiming the existence of a threat of general conflagration." The key weaknesses of the present regime were that the machinery for collective guarantees were too slow and ineffective, there was no contingency for a general threat of war and no provision for Turkey to defend itself. Turkey was therefore prepared
The response to the note was generally favourable, and Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

, Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...

, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

, Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....

, Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...

, the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....

, Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...

, the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 and Yugoslavia
Kingdom of Yugoslavia
The Kingdom of Yugoslavia was a state stretching from the Western Balkans to Central Europe which existed during the often-tumultuous interwar era of 1918–1941...

 agreed to attend negotiations at Montreux
Montreux
Montreux is a municipality in the district of Riviera-Pays-d'Enhaut in the canton of Vaud in Switzerland.It is located on Lake Geneva at the foot of the Alps and has a population, , of and nearly 90,000 in the agglomeration.- History :...

 in Switzerland, which began on 22 June 1936. Two major powers were not represented: Italy, whose aggressively expansionist policies had prompted the conference in the first place, refused to attend and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 declined even to send an observer.

Turkey, the UK and the Soviet Union each put forward their own set of proposals, aimed chiefly at protecting their own interests. The British favoured the continuation of a relatively restrictive approach, while the Turks sought a more liberal regime that reasserted their own control over the Straits and the Soviets proposed a regime that would guarantee absolute freedom of passage. The British, supported by France, sought to exclude the Soviet fleet from the Mediterranean Sea, where it might have threatened the vital shipping lanes to India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

, Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...

 and the Far East
Far East
The Far East is an English term mostly describing East Asia and Southeast Asia, with South Asia sometimes also included for economic and cultural reasons.The term came into use in European geopolitical discourse in the 19th century,...

. In the end, the British conceded some of their requests while the Soviets succeeded in ensuring that the Black Sea countries - including the USSR - were given some exemptions from the military restrictions imposed on non-Black Sea nations. The agreement was ratified by all of the conference attendees with the exception of Australia and Germany, which had not been signatories to the Treaty of Lausanne, and with reservations by Japan, and came into force on 9 November 1936.

Britain's willingness to make concessions has been attributed to a desire to avoid Turkey being driven to ally itself with, or fall under the influence of Adolf Hitler
Adolf Hitler
Adolf Hitler was an Austrian-born German politician and the leader of the National Socialist German Workers Party , commonly referred to as the Nazi Party). He was Chancellor of Germany from 1933 to 1945, and head of state from 1934 to 1945...

 or Benito Mussolini
Benito Mussolini
Benito Amilcare Andrea Mussolini was an Italian politician who led the National Fascist Party and is credited with being one of the key figures in the creation of Fascism....

. It was thus the first in a series of steps by Britain and France to ensure that Turkey would either remain neutral or tilt towards the Western Allies in the event of any future conflict with the Axis.

Terms and consequences of the Convention

The Convention consists of 29 Articles, four annexes and one protocol. Articles 2-7 consider the passage of merchant ships. Articles 8-22 consider the passage of war vessels. The key principle of freedom of passage and navigation is stated in articles 1 and 2. Article 1 provides that "The High Contracting Parties recognise and affirm the principle of freedom of passage and navigation by sea in the Straits". Article 2 states that "In time of peace, merchant vessels shall enjoy complete freedom of passage and navigation in the Straits, by day and by night, under any flag with any kind of cargo."

The International Straits Commission was abolished, authorising the full resumption of Turkish military control over the Straits and the refortification of the Dardanelles. Turkey was authorised to close the Straits to all foreign warships in wartime or when it was threatened by aggression; additionally, it was authorised to refuse transit from merchant ships belonging to countries at war with Turkey. A number of highly specific restrictions were imposed on what type of warships are allowed passage. Non-Turkish warships in the Straits must be under 15,000 tons. No more than nine non-Turkish warships, with a total aggregate tonnage of no more than 30,000 tons, may pass at any one time, and they are permitted to stay in the Black Sea for no longer than three weeks. Warships are to pass through the straits singly.

Although the treaty is often cited as prohibiting aircraft carriers in the straits, there is no explicit prohibition on aircraft carriers in the treaty. However, the tonnage limits in Article 14, which apply to all non-Turkish powers, would preclude the transit of modern aircraft carrying ships. In the case of non-Black Sea powers, these terms make it impossible for transit any modern ships carrying aircraft through the straits without violating the terms of the convention.

By contrast, Black Sea powers such as Russia are able to transit aircraft carrying ships through the straits under other terms of the convention. As with non-Black Seas powers, the Montreux convention does not explicitly forbid a Black Sea power from transiting aircraft carriers through the straits, and the tonnage limits in Article 14 also apply to Black Sea powers as well as non-Black Sea powers. However, under Article 11, Black Sea states are permitted to transit capital ships of any tonnage through the straits. Annex II specifically excludes aircraft carriers from the definition of capital ships, but limits the definition of carriers to ships that are designed primarily for carrying and operating aircraft at sea and specifically excludes other ships that merely are able to operate aircraft.

The result of this is that by designing its aircraft carrying ships such as the Kiev and the Admiral Kuznetsov to have roles other than aircraft operation and by designating those ships as "aircraft carrying missile cruisers" rather than "aircraft carriers" the Soviet Union and its successor state Russia has been able to transit its aircraft carrying ships through the straits in compliance with the convention, while at the same time denying access to NATO-powers, which are not covered by the exemption in Article 11.

Under Article 12, Black Sea states are also allowed to send submarines through the Straits, with prior notice, as long as the vessels have been constructed, purchased or sent for repair outside the Black Sea. The less restrictive rules applicable to Black Sea states were agreed as, effectively, a concession to the Soviet Union, the only Black Sea state other than Turkey with any significant number of capital ships or submarines. The passage of civil aircraft between the Mediterranean and Black Seas is permitted, but only along routes authorised by the Turkish government.

The terms of the Convention were largely a reflection of the international situation in the mid-1930s. They largely served Turkish and Soviet interests, enabling Turkey to regain military control of the Straits and assuring Soviet dominance of the Black Sea. Although the Convention restricted the Soviets' ability to send naval forces into the Mediterranean sea - thereby satisfying British concerns about Soviet intrusion into what was considered a British sphere of influence - it also ensured that outside powers could not exploit the Straits to threaten the Soviet Union. This was to have significant repercussions during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

 when the Montreux regime prevented the Axis powers
Axis Powers
The Axis powers , also known as the Axis alliance, Axis nations, Axis countries, or just the Axis, was an alignment of great powers during the mid-20th century that fought World War II against the Allies. It began in 1936 with treaties of friendship between Germany and Italy and between Germany and...

 from sending naval forces through the Straits to attack the Soviet Union. The Axis powers were thus severely limited in naval capability in their Black Sea campaigns
Black Sea Campaigns (1941-44)
The Black Sea Campaigns are the operations of the Axis and Soviet naval forces in the Black Sea and its coastal regions during World War II between 1941 and 1944, including in support of the land forces, and non-combat operations....

, relying principally on small vessels that had been transported overland by rail and canal networks. Auxiliary vessels
Auxiliaries
An auxiliary force is a group affiliated with, but not part of, a military or police organization. In some cases, auxiliaries are armed forces operating in the same manner as regular soldiers...

 and armed merchant ships occupied a grey area, however, and the transit of such vessels through the straits led to friction between the Allies and Turkey. Repeated protests from Moscow and London led to the Turkish government banning the movements of "suspicious" Axis ships with effect from June 1944 after a number of German auxiliary ships were permitted to transit the Straits.

Development of the Convention since 1936

The Convention remains in force today, with amendments, though not without dispute. It was repeatedly challenged by the Soviet Union during World War II and the Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...

. As early as 1939, Joseph Stalin
Joseph Stalin
Joseph Vissarionovich Stalin was the Premier of the Soviet Union from 6 May 1941 to 5 March 1953. He was among the Bolshevik revolutionaries who brought about the October Revolution and had held the position of first General Secretary of the Communist Party of the Soviet Union's Central Committee...

 sought to reopen the Straits Question and proposed joint Turkish and Soviet control of the Straits, complaining that "a small state [i.e. Turkey] supported by Great Britain held a great state by the throat and gave it no outlet." After the Molotov-Ribbentrop Pact
Molotov-Ribbentrop Pact
The Molotov–Ribbentrop Pact, named after the Soviet foreign minister Vyacheslav Molotov and the German foreign minister Joachim von Ribbentrop, was an agreement officially titled the Treaty of Non-Aggression between Germany and the Soviet Union and signed in Moscow in the late hours of 23 August 1939...

 was signed by the Soviet Union and Nazi Germany
Nazi Germany
Nazi Germany , also known as the Third Reich , but officially called German Reich from 1933 to 1943 and Greater German Reich from 26 June 1943 onward, is the name commonly used to refer to the state of Germany from 1933 to 1945, when it was a totalitarian dictatorship ruled by...

, the Soviet Foreign Minister Vyacheslav Molotov
Vyacheslav Molotov
Vyacheslav Mikhailovich Molotov was a Soviet politician and diplomat, an Old Bolshevik and a leading figure in the Soviet government from the 1920s, when he rose to power as a protégé of Joseph Stalin, to 1957, when he was dismissed from the Presidium of the Central Committee by Nikita Khrushchev...

 informed his German counterparts that the USSR wished to take military control of the Straits and establish its own military base there. The Soviets returned to the issue in 1945 and 1946, demanding a revision of the Montreux Convention at a conference excluding most of the Montreux signatories, a permanent Soviet military presence and joint control of the Straits. This was firmly rejected by Turkey, despite an ongoing Soviet "strategy of tension". For several years after World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

, the Soviets exploited the restriction on the number of foreign warships by ensuring that one of theirs was always in the Straits, thus effectively blocking any nation other than Turkey from sending warships through the Straits. Soviet pressure eventually resulted in Turkey abandoning its policy of neutrality; in 1947 it became the recipient of US military and economic assistance under the Truman Doctrine
Truman Doctrine
The Truman Doctrine was a policy set forth by U.S. President Harry S Truman in a speech on March 12, 1947 stating that the U.S. would support Greece and Turkey with economic and military aid to prevent their falling into the Soviet sphere...

 of "containment
Containment
Containment was a United States policy using military, economic, and diplomatic strategies to stall the spread of communism, enhance America’s security and influence abroad, and prevent a "domino effect". A component of the Cold War, this policy was a response to a series of moves by the Soviet...

" and joined NATO, along with Greece, in 1952.

The passage of US warships through the Straits also raised controversy, as the convention forbids the transit of non-Black Sea nations' warships with guns of a calibre larger than eight inches (203 mm). In the 1960s, the US sent warships carrying 305 mm calibre ASROC
ASROC
ASROC is an all-weather, all sea-conditions anti-submarine missile system. Developed by the United States Navy in the 1950s, it was deployed in the 1960s, updated in the 1990s, and eventually installed on over 200 USN surface ships, specifically cruisers, destroyers, and frigates...

 missiles through the Straits, prompting Soviet protests. The Turkish government rejected the Soviet complaints, pointing out that guided missiles were not guns and that such weapons had not even existed at the time of the Convention's agreement so were not restricted.

In April 1982, the Convention was amended to allow Turkey to close the Straits at its discretion in peacetime as well as during wartime.

The United Nations Convention on the Law of the Sea
United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea , also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea , which took place from 1973 through 1982...

 (UNCLOS), which entered into force in November 1994, has prompted calls for the Montreux Convention to be revised and adapted to make it compatible with UNCLOS's regime governing straits used for international navigation. However, Turkey's long-standing refusal to sign UNCLOS has meant that Montreux remains in force without further amendments.

The safety of vessels passing through the Bosporus has become a major concern in recent years as the volume of traffic has increased greatly since the Convention was signed - from 4,500 in 1934 to 49,304 by 1998. As well as obvious environmental concerns, the Straits bisect the city of Istanbul with over 11 million people living on its shores; maritime incidents in the Straits therefore pose a considerable risk to public safety. The Convention does not, however, make any provision for the regulation of shipping for the purposes of safety and environmental protection. In January 1994 the Turkish government adopted new "Maritime Traffic Regulations for the Turkish Straits and the Marmara Region". This introduced a new regulatory regime "in order to ensure the safety of navigation, life and property and to protect the environment in the region" but without violating the Montreux principle of free passage. The new regulations provoked some controversy when Russia, Greece, Cyprus
Cyprus
Cyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the...

, Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...

, Ukraine
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...

 and Bulgaria raised objections. However, they were approved by the International Maritime Organisation on the grounds that they were not intended to prejudice "the rights of any ship using the Straits under international law". The regulations were revised in November 1998 to address Russian concerns.

Further reading

  • Anthony Rocco De Luca, The Montreux Conference of 1936: A Diplomatic Study of Anglo-Soviet Rivalry. Stanford University, 1973.
  • Nihan Ünlü, The Legal Regime of the Turkish Straits, Martinus Nijhoff Publishers, 2002. ISBN 9041119043
  • The Timebomb in the Heart of Istanbul
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