Comment of managing partner Kirill Maslov to RBC channel

Publication based on an interview with Kirill Maslov to RBC channel and Radio Liberty.

1. What - in general terms - the Black Sea channels regime was? Who is their "owner"? Is there an international structure that directed it, or is it all made by Turkey?

KM:  Transit passage regime established on Channel, provided by the United Nations Convention of maritime Law. The Convention on the Channel regime provides as a right of passage and freedom of navigation in the Straits. Jurisdiction  of Turkey on channel must be subject to these provisions.

2. At what conditions Turkey has the right to close the Channel, due to international agreements, not to let vessels go through Channel, examined or arrested them (especially Russian vessels)?

KM .: According to the Convention on the Channel regime, during the war, where Turkey being belligerent, they may refuse in passage over channel of merchant ship of the state with which Turkey is at war, as well as the passage of a merchant ship, although not belonging to the State with which Turkey fights, but who assist the enemy. Also Turkey could denied the right to pass the Channel to  warships that belongs to enemies, except the return of that ships to their bases, assisting the State victim of the conflict, as well as the purpose of preventing hostilities. During the war, Turkey being belligerent, entitlement for vessels, that pass through the channel, are at the discretion of the Turkish Government.

3. Is there any "informal" ways to not to allowed  the ship (assuming strictly implement all temporary orders until the last minute, once a special predilection to inspect, etc.)?

KM .: Yes, the Convention's regulation does not set deadlines and provides for the estimated term maximum possible speed of passing inspection. In addition, the Turkish authorities are in right to adopt laws aimed at ensuring the safety of navigation and prevention of pollution of the Channels. Such laws do not have to beg the basic principles, however they can contribute to the characteristics of their proceeding in practice. The delay may be caused by a number of vessels on the approach to the Channels and features for local vessel traffic separation schemes.

4. Is there a difference in the procedure of passage through straits for trade ships, passenger ships and warships?

KM .: Yes, in contrast to the trade and passenger vessels, warships pass Channel after prior notice of the Turkish Government. The normal period of noticing is about be eight days.

5.What is the international dispute settlement mechanisms for specific and general cases straits regime?

KM .: This can be conciliation, international court or International Tribunal for the maritime Law. All settlement mechanisms of action contained in the UN Convention on the maritime Law.

Press-office "Inmarine" 2015