CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ EXPERIMENTS WITH INTERNATIONAL ADMINISTRATION IN THE PARIS… Straits 55 were reaffirmed by the Convention Relating to the Régime of the Straits, which formed an annex to the Lausanne Treaty. The merchant ships were – for the time of peace – granted “complete freedom of navigation and passage by day and by night under any flag and with any kind of cargo, without any formalities, or tax, or charge whatever (subject, however, to international sanitary provisions) unless for services directly rendered, such as pilotage, light, towage or other similar charges, and without prejudice to the rights exercised in this respect by the services and undertakings now operating under concessions granted by the Turkish Government.” 56 Further, the Lausanne Treaty provided for an international guarantee with respect to the demilitarized area of the Straits. For a case that freedom of navigation of the Straits or the security of the demilitarised zones will be imperilled by a violation of the provisions relating to freedom of passage, or by a surprise attack or some act of war or threat of war , the Contracting Parties were obliged to meet such violation, attack, or other act of war or threat of war, by all the means that the Council of the League of Nations may decide for this purpose. In this respect, also the Lausanne Treaty reflected the model of administration through international bodies and consequently – in order to execute administration of the “waters of the Straits” 57 – established the International Commission for the Straits. In contrast to the Commission established by the Sèvres Treaty, the International Commission established by the Lausanne Treaty was to be chaired by a representative of Turkey. 58 Further, it was to be composed of representatives of France, Great Britain, Italy, Japan, Bulgaria, Greece, Romania, Russia, and the State of Slovenes, Croats and Serbs. Concerning this, the Lausanne Treaty also provided, that any prospective independent littoral States of the Black Sea will have also the right to be represented. 59 The tasks of the International Commission for the Straits, as established by the Lausanne Treaty, were very much restricted as compared to the powers, granted to the Commission under the Sèvres Treaty. The Lausanne Treaty provided, that “it will be the duty of the Commission to see that the provisions relating to the passage of warships and military aircraft are carried out”. 60 In this respect, the Commission was obliged to “prescribe such regulations as may be necessary for the accomplishment of its task”. 61 Consequently, the tasks of the newly established Commission were limited to the control of the legal regime of demilitarisation of the Straits. 62 France, Italy, Japan, Greece, Romania, and the Serb-Croat-Slovene State, on the one side, and representatives of Turkey on the other. The treaty entered into force on 6 th August 1924. 55 Strait of the Dardanelles, the Sea of Marmara and the Bosphorus. 56 More complex rules were provided in the Article 1 for the time of war (both for the case Turkey will be neutral State and for the case Turkey will be belligerent) and for warships, including fleet auxiliaries, troopships aircraft carriers and military aircraft. In this respect, the annex provided, that “in no event shall warships in transit through the Straits, except in the event of damage or peril of the sea, remain therein beyond the time which is necessary for them to effect their passage, including the time of anchorage during the night if necessary for safety of navigation”. 57 Convention Relating to the Régime of the Straits, Article 11. 58 Convention Relating to the Régime of the Straits, Article 12. 59 Further, the Convention Relating to the Régime of the Straits provided, that in the event of the accession of the United States to the Treaty, they will be also represented in the International Commission.

60 Convention Relating to the Régime of the Straits, Article 14. 61 Convention Relating to the Régime of the Straits, Article 16.

62 Further, the Convention Relating to the Régime of the Straits provided, that the Commission had to carry out its functions under the auspices of the League of Nations and had to address to the League and annual report giving

89