CYIL vol. 9 (2018)

JAKUB HANDRLICA CYIL 9 ȍ2018Ȏ of the Straits would remain under the sovereignty of Turkey. However, the Treaty provided, that in order to ensure the freedom of navigation, both Greece and Turkey delegated certain powers of control to the Commission of the Straits. Consequently, in the area of its jurisdiction, 48 the Commission had to execute these powers “in the name of the Greek and Turkish Governments respectively.” The Commission had to be composed of the representatives of the United States, British Empire, France, Italy, Japan, Russia, Greece, Romania, and Bulgaria and Turkey. 49 Each of the first five powers had two votes in the commission’s procedures, while the four Balkan States would have had only one vote. Each Commissioner was to be removed only by the Government which appointed him. Further, the Commissioners had to enjoy diplomatic immunities and privileges within the limits of the Commission’s jurisdiction. With respect to the newly established freedom of passage through the Straits, the Sèvres Treaty provided, 50 that the Commission will be in charge of execution of any works considered necessary for the improvement of the channels or the approaches to harbours, as well as of the lighting and buoying of the channels. The Treaty also conferred 51 the Commission powers to control the pilotage, towage, anchorages and lightering. Further, within the limits of its jurisdiction, the Commission had to administer functions previously executed by the Superior Council of Health and by the Turkish Sanitary Administration. At last, but not at least, the Commission had to control application of the special regime 52 established by the Treaty for the ports of Istanbul and Haydar Pasha. To facilitate the execution of these duties, the Commission was granted power 53 to organise own police force. Pursuant to the Treaty, this force was to be drawn from the native population of the zone of the Straits and from the islands of the Sea of Marmara and was to be commanded by foreign police officers appointed by the Commission. Due to the fact, the provisions of the Sèvres Treaty were not accepted by the new republican government of Turkey, the conditions negotiate were replaced by new legal regime, established under the Lausanne Treaty. 54 Liberal rules for the passage of the merchant ships through the 48 The Sèvres Treaty provided in its Article 39, that “the authority of the Commission will extend to all the waters between the Mediterranean mouth of the Dardanelles and the Black Sea mouth of the Bosphorus, and to the waters within three miles of each of these mouths. This authority may be exercised on shore to such extent as may be necessary for the execution of the provisions of this Section.” 49 At the time the Sèvres Treaty was adopted, neither Turkey, nor Bulgaria was Member to the League of Nations. Consequently, their participation on the Commission was explicitly conditioned by their prospective membership. This was also the case of Russia. At last, but not at least, the United States were not among the signatories of the Treaty and consequently, the Article 40 provides for their representative in the case “if and when that Government is willing to participate”. 50 Article 43. 51 Ibid. 52 These ports were proclaimed to be free ports by the Treaty (Articles 335-344). All States Members of the League of Nations had to enjoy complete freedom in the use of the ports. In particular, they had to be “treated on a footing of perfect equality, particularly as regards all port and quay facilities and charges, including facilities for berthing, loading and discharging, tonnage dues and charges, quay, pilotage, lighthouse, quarantine and all similar dues and charges of whatsoever nature, levied in the name of or for the profit of the Government, public functionaries, private individuals, corporations or establishments of every kind, no distinction being made between the nationals, goods and flags of the different States and those of the State under whose sovereignty or authority the port is placed”. 53 Article 48. 54 The Treaty of Peace with Turkey signed at Lausanne on 24 July 1923 was concluded between the British Empire,

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