ken by one of its signatories, would lose its force in all
respects."
Your obedient servant,
T. E. HOLLAND.
Oxford, October 9 (1898).
THE CLOSING OF THE DARDANELLES
Sir,--Now that the pressure upon your space due to the clash of opposing
views of domestic politics is likely to be for the moment relaxed, you
may, perhaps, not think it inopportune that attention should be recalled
to a question of permanent international interest raised by the recent
action of the Turkish Government in closing the Dardanelles to even
commercial traffic.
I cordially agree, as would, I suppose, most people, with your leading
article of some weeks since in deprecating any crude application to the
case of the Dardanelles and Bosporus of _dicta_ with reference to
freedom of passage through straits connecting two open seas. It would,
indeed, be straining what may be taken to be a general principle of
international law to say that Turkey is by it prohibited from protecting
her threatened capital by temporarily closing the Straits.
A good deal of vague reference has, however, been made in the
discussions which have taken place upon the subject to "Treaties" under
which it seems to be thought that trading ships enjoy, in all
circumstances, rights of free navigation through the Straits in question
which they would not have possessed otherwise. I should like, therefore,
with your permission, to state what seem to be the relevant Treaty
provisions upon the subject, whether between the Powers constituting the
European Concert collectively, or between Russia and Turkey as
individual Powers.
As to what may be described as the "European" Treaties, it is necessary,
once for all, to put aside as irrelevant Art. 10 of the Treaty of Paris
of 1856 and its annexed Convention; Art. 2 of the Treaty of London of
1871; and the confirmatory Art. 63 of the Treaty of Berlin of 1878.
These articles have exclusive reference to the "ancient rule of the
Ottoman Empire," under which, so long as the Porte is at peace, no
foreign ships of war are to be admitted into the Straits. There are,
however, two articles, still in force, of these "European" Treaties
which may seem to bear upon the present inquiry. By Art. 12 of the
Treaty of Paris:--
"Free from any impediment, the commerce in the ports and
waters of the Black Sea shall be subject only to regulations
of health, Customs, and police, framed in a spirit favourable
to the develo
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