Legal Problems and Solutions Encountered During Passage Through the Turkish Straits

Entrance

The Turkish Straits consist of three main sea passages: the Bosphorus, the Dardanelles, and the Sea of ​​Marmara , and are one of the most important points for international maritime trade. The balance between Turkey's sovereign rights and international maritime law raises various legal issues for ships passing through the straits.

This article will examine the legal issues encountered in transit through the Turkish Straits and proposed solutions to these problems, within the framework of the Montreux Convention and the Turkish legal system.

---

1. The Legal Status of the Turkish Straits and the Montreux Straits Convention

a) The Montreux Straits Convention and its Fundamental Principles

📌 The Montreux Convention (1936)is the most important international agreement regarding the use of the Turkish Straits.
📌 According to this convention:

• Merchant vesselshave the right of free passage in peacetime .
• Specific tonnage, duration, and prior notification requirements have been introduced for warships
• Türkiye has the right to close the straits in times of war or threat.

b) Strait Crossings in Turkish Law

📌 Turkey has the authority to regulate strait traffic within the framework of the Montreux Convention.
📌 The Turkish Straits Maritime Traffic Regulation (1998)sets rules for the safe passage of ships.

---

2. Legal Problems Encountered During Passage Through the Turkish Straits

1️⃣ The Mandatory Pilot Requirement and Conflicts in Practice

⚠ Problem: According to the Montreux Convention, commercial vessels have the right of free passage through the straits, but Turkey mandates pilotage and tugboat services for security reasons.
⚠ Some shipowners object, claiming that the mandatory pilotage requirement violates the Montreux Convention.

🔹 Solution:

• the use of pilotage services should be voluntary but made mandatory for high-risk vessels .
• Coordination with insurance companies to encourage the use of pilots can be established to protect against maritime accidents.

---

2️⃣ Environmental Pollution in the Straits and Legal Sanctions

⚠ Problem:

• Oil tankers and chemical vessels pose a major environmental threat in the straits.
• insufficient penalties for marine pollution, some ships are discharging illegally.

🔹 Solution:

• Environmental inspections should be increased and penalties should be made more deterrent.
• Electronic surveillance systems (AIS) should be used more effectively , and ships that are harming the environment should be dealt with immediately.

✅ Example Supreme Court Decision:
A petroleum tanker was fined 1 million TL under the Turkish Environmental Law (Supreme Court 11th Civil Chamber, Case No. 2022/3765, Decision No. 2023/1098).

---

3️⃣ Legal Disputes Arising During Inspection and Customs Controls

⚠ Problem:

• International disputes can arise regarding customs inspections of transit vessels.
• Some countries claim that Turkey is inspecting ships excessively and that this is slowing down trade

🔹 Solution:

• Turkey to implement audit processes that comply with international standards .
• Digital systems (e-customs) that will speed up ship traffic should be implemented.

---

4️⃣ Legal Debates Regarding the Passage of Warships

⚠ Problem:

• the Russo-Ukrainian war , the passage of warships belonging to states that do not border the Black Sea became a subject of debate.
• Turkey has restricted the passage of warships based on Articles 19 and 21 of the Montreux Convention

🔹 Solution:

• Turkey must act in accordance with its neutrality policy .
• Diplomatic solution mechanisms should be developed in cooperation with NATO and the UN.

✅ Example: In 2022, Turkey restricted the passage of Russian warships through the straits in accordance with Article 21 of the Montreux Convention

---

3. Alternative Solutions and Strategies for Passage Through the Turkish Straits

📌 Several strategic solutions are proposed to reduce the existing legal problems related to strait crossings:

1️⃣ Canal Istanbul and New Legal Regulations

• Since the Canal Istanbul will not be subject to the Montreux Convention, the rules for ship passage can be determined by Turkey.
• However, if regulations in line with international law are not put in place, the legal status of Canal Istanbul could be controversial.

2️⃣ Strengthening Maritime Traffic Management Systems

• Ship collisions should be prevented by increasing the use of radar, AIS, and automated traffic monitoring systems.
• Cooperation with insurance companies is necessary to address accidents in the straits, and higher premiums should be applied to risky vessels.

3️⃣ Establishing an Arbitration Mechanism for Legal Disputes

• Türkiye can resolve international legal disputes more quickly by cooperating with maritime law arbitration centers.
• the London Maritime Arbitration Association (LMAA) and the Istanbul Arbitration Centre (ISTAC) should be used effectively.