Straits of the Dardanelles, and the Bosphorus: The Right of Way Under International Law (Classic Reprint)

Excerpt from Straits of the Dardanelles, and the Bosphorus: The Right of Way Under International LawNor does there seem to be much that is objection able in this arrangement, which has merely for its motive the restoration of the commercial relations which previously existed between the subjects of the Czar and of the Sultan; but the effect of all the stipulations of that treaty combined would be serious in the extreme, as it would make of the Black Sea a Russian lake, actually making it sub jcet to the rule of one despotic will, instead of placing it under the protection of a just and equal law. The Preliminary Treaty, however, is fortunately as yet wholly without juridical sanction, for although the war put an end to treaties as between the two belligerents themselves, yet, inasmuch as these belli gerents had some years ago entered into treaty engagements with other Powers, no new stipulations contravening those previous engagements can be valid until ratified by all the signatory Powers. It is obvious that Russia cannot plead special immunity from the observance of treaties, and, whilst herself flagrantly violating them, hold England bound toobserve every clause to the letter. Nevertheless this very Power, after menacing Constantinople with the presence of its armies, and thereby forcing the Government of this country to despatch the fleet into the Sea of Marmora, now ventures to com plain of that act as a contravention of the Treaties of 1856 and 1871, because, forsooth, it lacks the formality of a firman from the Sultan, although it is difficult to conceive how the Sultan could now be regarded as a sufficiently free agent to either give or to withhold his consent. In fact, in dealing with a State or person in such a condition of duresse as to amount to positive disability, consent to further the performance of all just and necessary acts, must be assumed, and therefore need not be required, and by the same deduction the English Government would be equally justified in ordering the fleet through the Bosphorus into the Black Sea.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.