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9 The Turkish Straits and the Legal Regime of Passage

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Chapter Summary

This chapter explains the legal passage regime of merchant vessels through the Turkish Straits in time of peace because of the current importance of Turkey's right to regulate freedom of passage and navigation through these waters and its jurisdictional competence in this area according to the Montreux Straits Convention and established principles of international law. It presents brief overview of the regime of passage for naval vessels through the Turkish Straits. The present regime of the Turkish Straits is the outcome of an historical evolution. From 1453 until 1809, the Ottomans were the sole power to determine the passage regime of the Straits. The 1923 Lausanne Peace Treaty formulated the basic principles concerning the Straits regime. Under the Convention the principle of freedom of passage and navigation is recognized to all merchant vessels, day or night, without any formalities and without any discrimination of flag and kind of cargo.

Keywords: Lausanne Peace Treaty; legal passage regime; Montreux Straits Convention; Ottomans; Turkish Straits



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