The Straits question revisited: Legal and policy dimensions of the current dispute over the Straits of Istanbul, Chanakkale, and the Sea of Marmara (Turkey)

The purpose of this dissertation work is to examine the changes in the navigation regime of the Straits of Istanbul, Chanakkale, and the Sea of Marmara (commonly known as the Bosphorus and the Dardanelles) initiated in the last decade of the 20th century and the dispute brought about by these changes. Focused exclusively on the technical aspects of the navigation in the Straits, the dispute-resolution efforts of the International Maritime Organization (IMO) have succeeded in avoiding open conflict and buying time, but have failed to achieve a lasting resolution. Driven by the belief that an adequate understanding of all facets of the dispute is paramount for its neutralization, this work has attempted to unravel the intricate web of technical, legal, economic, and security factors woven in the most recent dispute over the Straits.; To this end, the Straits' navigation and geopolitical situation are laid out, followed by a review and analysis of the elements of the existing international legal regime that governs them. Particular attention is given to the implications of UNCLOS and its treatment of straits used for international navigation governed by long-standing international conventions. A detailed synopsis of the dispute and the IMO role in it is offered and the Turkish and the IMO regulations are reviewed for their consistency with existing international law. Elaborating on the modalities and ramifications of the Turkish and the IMO regulatory efforts, this work has identified the restoration of the integrity of the 1936 Montreux Convention as key to successfully bridging the safety, environmental, economic, and geopolitical interests of all involved parties. A procedural framework is suggested to allow for the Convention's security provisions to be aligned with contemporary environmental and navigation safety law without being unduly compromised.