THE CUSTOMARY STATUS OF THE MONTREUX CONVENTION: A LEGAL BASIS FOR REGIONAL STABILITY AND ITS INTERNATIONAL IMPLICATIONS

Authors : Yasin Çağlar Kaya

Pages : 387-404

Doi:10.18092/ulikidince.1723767

View : 120 | Download : 1674

Publication Date : 2025-10-29

Article Type : Research Paper

Abstract :This study examines whether the Montreux Convention Regarding the Regime of the Straits has acquired normative status under customary international law, focusing on its role in regional stability and its broader legal implications. The research employs a legal-analytical framework grounded in the jurisprudence of the International Court of Justice (ICJ), assessing the two foundational elements of customary international law—state practice (usus) and opinio juris. The analysis draws on nearly ninety years of consistent implementation by both party and non-party states, including NATO, the EU, and the US, as well as treaty interpretations, diplomatic notes, and scholarly discourse. The study demonstrates that the Montreux Convention has evolved beyond a treaty-based regime into a customary norm, particularly at the regional level. Key provisions, such as warship passage restrictions, tonnage limitations, and notification requirements, reflect entrenched and stable state practice accompanied by a belief in their legal obligation. Despite partial doctrinal objections and conflicts with UNCLOS, the Convention’s widespread adherence supports its recognition as a regional customary rule. The Montreux Convention’s customary character ensures its enduring validity, even in the event of termination. Its core principles contribute to regional maritime security and the predictability of international law, reinforcing its dual role as both a treaty and a customary regime.
Keywords : Montrö Boğazlar Sözleşmesi, Örf ve Adet Hukuku, Uluslararası Boğazlar

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