Abstract
The Black sea straits as part of significant sea root were long time targets of the international politics and law.Regime constructed by Montreux Convention of 1936 was stable during decades but since 90-s Turkeyunilaterally changed the rules. Objectively the new Turkish Regulations were a big step to prevent pollution, toimprove the safety of vessel traffic and to ensure the safety of navigation through the mentioned straits. But itstill has problematic provisions that breach the Montreux convention and modern principles of the law of theinternational navigation. Author tries to find limits established by the international law in this area becauseenvironmental reasons should not justify unjust actions. The Black sea straits case shows us how it is difficult tofind balance between claims of user states and littoral states.
Highlights
The legal status of the international straits is a very significant issue for the world navigation because some of the straits have economic and strategic importance
According Article 35 of the United Nations Convention of the Law of the Sea provisions of the Part III “Straits used for international navigation” cannot influence the legal regime in straits where passage is regulated by long term international convention in force especially relating to such straits” and The Black Sea straits already have such agreement
Besides according to Article 31 of the Regulation foreign vessels are recommended for safety purposes to take a pilot and the Administration of strait may establish compulsory pilotship requirements in settled areas in the Black sea Straits and the Marmara region
Summary
The legal status of the international straits is a very significant issue for the world navigation because some of the straits have economic and strategic importance. According Article 35 of the United Nations Convention of the Law of the Sea provisions of the Part III “Straits used for international navigation” cannot influence the legal regime in straits where passage is regulated by long term international convention in force especially relating to such straits” and The Black Sea straits already have such agreement. It means that in the first place we should define the legal regime of straits in compliance with the convention that was applied there before
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