Özet:

With the Kanal Istanbul project, it is planned to open an alternative waterway parallel to the Bosphorus. If it happens, it is foreseen that the passages through the channel will be paid. Under the Montreux Convention, the regime of passage through the Bosphorus is a sui generis regime similar to innocent passage and is free of charge. The opening of the canal and forcing the ships to use the canal threatens the existence of the Montreux Convention. In addition, the contracting states may request the termination or amendment of the contract within the framework of the principle of “rebus sic stantibus” due to the channel. As can be seen especially in the developments in the Russia-Ukraine war, it is in the interest of the international community to protect the Montreux Convention, which prioritizes the security of Turkey and the Black Sea. In the article, the risks of the Canal Istanbul project in terms of the Montreux Convention and how the regime of passage through the canal can be arranged to comply with the Convention will be discussed.

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