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- Title
The Legal Status of the Straits of Istanbul, the Straits of Cannakale and the Marmara Sea, 1945-2004.
- Authors
Fournatzopoulou, Evdokia
- Abstract
The research note discusses the legal status of the Straits of Istanbul and Cannakale, and the Marmara Sea, from the Second World War until the present. It also examines the economic and political incentives which induced the modification of the status quo. The Montreux Convention of 1936 is the prima facie law governing passage and navigation of ships through the Straits; it recognizes the principle of freedom of passage and navigation. The collapse of the communist regime in the former USSR at the beginning of the 1990s enabled the new countries involved to export Caspian oil to the West, which in turn led the Straits to become the present vital export oil route. Turkey, the only coastal state in the region, to promote the construction of the Baku-Cheychan pipeline tried to gain full control of transit through the Straits. To this end, at the beginning of 1994 Turkey unilaterally implemented Rules and Regulations of its own which contained traffic separation schemes and a reporting system. The International Maritime Organization, taking into account the international reaction against the Turkish Regulations, adopted its own rules and recommendations on 1 June 1994. Through the presentation and substantiation of these points, the research note interprets the conflict between the relevant legal instruments; the internationally-approved principles on the safety of navigation and freedom of passage; and the aspirations of the states involved in oil transportation.
- Subjects
SEA of Marmara (Turkey); ISTANBUL (Turkey); TURKEY; MARITIME law; FREEDOM of the seas; TERRITORIAL waters; STRAITS
- Publication
International Journal of Maritime History, 2004, Vol 16, Issue 2, p247
- ISSN
0843-8714
- Publication type
Article
- DOI
10.1177/084387140401600211