Page images
PDF
EPUB

ARTICLE 4.

The Governments represented on the commission will pay the salaries of their representatives. Any incidental expenses incurred by the commission, such as those resulting from the employment of a technical staff, will be borne in equal shares by the said Govern

ments.

ARTICLE 5.

It will be the duty of the commission to see that the public services concerned with navigation in the Straits comply with the conditions necessary to ensure the security of passage.

The commission will, in particular, be thus concerned with(a.) The lighting of the coasts and harbours.

(b.) The buoying of channels and anchorages.

(c.) Pilotage.

(d.) Towage.

(e.) Removal of wrecks which may impede navigation.

It will also be the duty of the commission to see that the provisions relating to freedom of passage and the special measures prescribed in articles (limitation and demilitarisation of warships) are duly carried out.

ARTICLE 6.

The Straits Commission will carry out its functions under the auspices of the League of Nations, and will address to the League an annual report giving an account of its activities and furnishing all information which may be useful in the interests of commerce and navigation.

ARTICLE 7.

It will be the duty of the commission to prescribe such regulations as may be necessary for the accomplishment of its task. These regulations must be framed in a spirit of perfect equality between all flags and must be such as to facilitate to the fullest degree possible passage through the Straits.

In particular, vessels which in consequence of damage or other circumstances constituting force majeure are compelled to anchor in any port or at any point round the coasts of the Straits shall not be liable on that account to pay port dues, provided that they do not take part in any commercial operations.

ANNEX (D) TO No. 19.

Draft Article Respecting the Guarantee of the Safety of the Straits.

IN order to ensure that the demilitarisation of the Straits and of the surrounding zones shall not constitute an unjustifiable danger to the military security of Turkey, the high contracting parties agree as follows:

Should the freedom of navigation of the Straits, or the security of the demilitarised zones, be imperilled by a violation of the provisions

relating to freedom of passage, or by war, the high contracting parties will at once apply, either individually or in combination, to the Council of the League of Nations, in order to obtain a decision as to the measures to be taken. The Straits Commission provided for in article will also be entitled to bring to the notice of the council any circumstance which it considers likely to imperil the freedom of navigation of the Straits or the security of the demilitarised zones.

The high contracting parties undertake to contribute to the measures which may accordingly be decided on by the council.

If unanimity cannot be reached, each of the high contracting parties will be entitled to take individually such measures as a two-thirds majority of the council may approve. The vote of the Power alleged to have imperilled the freedom of navigation of the Straits or the security of the demilitarised zone will not count in the computation of either unanimity or a two-thirds majority.

(Translation.)

ANNEX (E) TO No. 19.

The Russian Delegation's Draft.

Regulations for the Passage of Vessels through the Dardanelles, the Sea of Marmora and the Bosphorus.

CHAPTER I.-General Provisions.

Article 1. The term "the Straits" used below includes the Dardanelles, the Sea of Marmora, the Bosphorus and the islands in the Ægean Sea adjacent to the Straits (Samothrace, Imbros, Tenedos, Lemnos and Rabbit islands), as well as the territorial waters of the Straits.

Art. 2. The sovereignty of Turkey over the Straits is confirmed. The islands of Samothrace and Lemnos are declared to be autonomous.

CHAPTER II.-Rules for the Passage of Vessels through the Straits. 1. In Time of Peace.

(a.) Merchant Vessels and Commercial Aircraft.

Art. 3. Complete freedom of passage through the Straits for merchant vessels and commercial aircraft under any flag, by day and by night.

Commercial aircraft fly over the Straits in conformity with the stipulations of the aerial conventions signed by the Turkish Government or the special rules published by the said Government.

(b.) War Vessels and Military Aircraft.

Art. 4. In virtue of long-established principle, the Straits are recognised as closed to the war vessels, including submarines, of all fleets, except that of Turkey.

Art. 5. Passage over the Straits is prohibited to all military aircraft, except those belonging to Turkey.

Art. 6. In very exceptional cases, however, and for special definite reasons, the Turkish Government may, by special decrees, which shall be published separately on each occasion, authorise the passage of the Straits in both directions by light warships (submarines excluded) of any flag, but on no account with a military object.

Art. 7. No landing shall be made within the Straits by the light warships allowed by the Turkish Government to pass the Straits in virtue of article 6. Neither may any armament, engine of war, munitions nor any other war material be landed from these vessels.

Art. 8. Every light warship authorised to pass the Straits must notify the Turkish Government beforehand of the time of its entrance into the Straits so as to enable the said Government to verify the permission issued.

2. In Time of War, Turkey being Neutral.

(a.) Merchant Vessels and Commercial Aircraft.

Art. 9. Article 3 of these regulations remains operative. Turkey, however, will enjoy all the rights and fulfil all the obligations prescribed by international law in order to safeguard her neutrality as a sovereign State.

(b.) Warships and Military Aircraft.

Art. 10. In exceptional individual cases and for special definite reasons, the Turkish Government may authorise the passage of the Straits by light* neutral warships (submarines excluded), in conformity with the rules established by articles 6, 7, 8 and 9.

Art. 11. No warship of the belligerent Powers (submarines included), no military aircraft belonging to the belligerent Powers and no aircraft belonging to a neutral Power will be allowed to pass the Straits.

3. In Time of War, Turkey being a Belligerent.

(a.) Merchant Vessels and Commercial Aircraft.

Art. 12. Merchant vessels and commercial aircraft of neutral Powers will be allowed freely to pass the Straits in conformity with articles 3 and 9 of these regulations. Turkey, however, will enjoy the rights allowed by international law to Powers in a state of war; particularly, Turkey as a belligerent will have the right to search merchant vessels passing through the Straits and commercial aircraft flying over the Straits. Special rules for the latter will be laid down. by the Turkish Government.

Art. 13. To the merchant vessels and commercial aircraft of enemy Powers Turkey will apply the international rules in force on the subject.

[ocr errors]

*"Light warships" are understood to be warships not exceeding 6,000 tons, with guns not exceeding 15 cm.

(b.) Warships.

Art. 14. In exceptional individual cases and for special definite reasons, the Turkish Government may authorise the passage of the Straits by light neutral warships (submarines excluded), in conformity with the rules established by articles 6, 7, 8 and 9, subject to the right of Turkey to apply the rules which she considers necessary in her capacity as a belligerent party.

CHAPTER III.-Guarantees.

Art. 15. Turkey undertakes towards all the signatories of these regulations jointly and to each signatory severally to see to the enforcement of these regulations.

Art. 16. In conformity with the provisions of articles 2 and 15 of these regulations Turkey, in order to safeguard her sovereignty and to enforce the principle of the closure of the Straits to warships and military aircraft, will have the right to take all the necessary measures, and particularly :

(a.) To maintain free from any restriction, within the zone of the Straits, military and naval forces (submarines included) and air forces.

(b.) Freely to erect permanent fortifications and permanent emplacements for artillery of any calibre.

(c.) To lay mine-fields.

(d.) To construct military routes and railways, roads and other means of communication necessary for her defence.

(e.) To organise any methods of liaison and observation. (f.) To maintain military and naval bases of defence, and aerodromes.

(g.) Generally to organise the defence of the Straits by employing there all technical resources of warfare which are now and which may in the future come into use.

CHAPTER IV.-Technical Provisions.

Art. 17. Without prejudice to the sovereignty of Turkey and with a view to provide for the needs of commercial shipping, an international commission will be constituted, consisting of one representative of each littoral State of the Black Sea and one representative of each of the following States: Germany, United States of America, France, Great Britain. Italy and Japan.

Art. 18. The president of the commission will be the Turkish delegate; the seat of the commission is fixed at Constantinople.

Art. 19. Turkey undertakes to place at the disposal of the commission the number of pilots necessary to ensure commercial navigation in the Straits.

Art. 20. The statute of the commission will be laid down in detail in a special convention, which will be drawn up with the co-operation of the States specified in article 17 within a period of three months from the date of the signature of these regulations.

CHAPTER V.-General Provisions.

Art. 21. The contracting Powers are agreed to elaborate and sign within three months from the adoption of the present regulation an international Act recognising the Black Sea as a mare clausum of the littoral Powers, even in the event of changes being made in the régime of the Straits which modify the above stipulations.

Art. 22. These regulations shall remain in force for ten years. After the expiration of this period they may be prolonged or revised. [Formal clauses, ratification, &c., follow.]

Additional Declaration.

The Russian, Ukrainian and Georgian delegation declare that in the event of its draft regulations of the Straits question being adopted by the Powers, Russia, the Ukraine and Georgia undertake to propose to the littoral Governments of the Black Sea the assembling of a conference with a view to the adoption of reciprocal guarantees for the effective security of their coasts.

G. CHICHERIN, Principal Delegate of Russia, the Ukraine and Georgia.

[blocks in formation]

Rules for the Passage of Vessels through the Dardanelles, Sea of Marmora and Bosphorus.

(Note. The term "Straits" for this purpose shall include the Dardanelles, the Sea of Marmora and Bosphorus.)

ARTICLE 1.-Merchant Vessels, including Hospital Ships, Yachts and Fishing Vessels and NonMilitary Aircraft.

(a.) In Time of Peace.

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, unless for services directly rendered, such as pilotage,

Omit the note.

Omit navigation.

« PreviousContinue »