ABSTRACT
Russian military aggression against Ukraine has completely changed the security situation in the Black Sea region. Turkish Straits, that on the basis of UNCLOS are considered to be the straits used for international navigation, have become the most vital maritime route for Russian warships entering the Black Sea, where afterwards they are engaged in the military activities, for instance attacks on Ukrainian territory. Ukrainian authorities were the first, who raised the issue of the passage of Russian warships through Turkish Straits. The legal regime applied in the Turkish Straits is regulated by a special international agreement – Convention Regarding the Regime of the Straits signed in 1936. Provisions of the Convention does not clearly provide for the situation Black Sea Powers (term used in the Convention) are currently in. According to article 19 of the Convention, “Vessels of war belonging to belligerent Powers . . . shall not pass through the Straits”. Vessels of war with their home port in the Black Sea are to be considered an exception. The article provides a response to the following legal issues: whether Turkey can claim that it is “threatened with imminent danger of war”; whether Turkey can legally prohibit the passage of Russian warships passing the Turkish Straits in order to navigate to the Black Sea.
