Section 508 The British Ship Crossing Incident
Why Spain agreed, it must have the support of the United Kingdom, otherwise whether or not to participate in this convention really does not have much impact on them.
Britain itself could not participate, and although it did not want to participate, it would be helpful if one of its own could be placed among them.
After the establishment of the Straits Commission and the introduction of the Straits Passage Guidelines, the navigation procedures were quickly formulated, and a note was sent to all countries with merchant ships passing through the Straits informing them that before their merchant ships passed through the Dardanelles and the Bosphorus, they needed to submit an application to the Straits Commission in Istanbul in advance, and after approval, they could pass through the Straits Area, otherwise they would be regarded as smuggling, and the signatories of the Straits Convention had the right and obligation to arrest these illegal vessels, and the ports of the Black Sea littoral countries, Nor shall these merchant ships be denied entry to ports without navigation approval certificates.
The British diplomatic department has made it clear that it does not recognize the Straits Commission as a legitimate organization and will not accept its administration, and that British ships will continue to enter and leave the Straits area in accordance with previous navigation practices.
This was actually a power struggle, and the British did it that the Straits were still under the administration of the Ottoman Empire, but the Ottomans signed the Straits Convention, whether they were willing or not, but at least in legal terms, the Ottoman Empire ceded the management of the Straits to the Governing Council. The Ottoman Empire's control and management of the straits were confirmed by a series of diplomatic treaties or by tacit custom, most notably the Greek War of Independence and the Crimean War, in which the Europeans made the Black Sea a neutral zone, and no warships of any country were allowed to pass through the straits.
But in the past, no matter what the legal theory says, Britain just refuses to admit it, because this is a regional order promoted by China, and Britain is unwilling to accept it, in fact, if it is an order promoted by Britain in a different position, they will definitely be willing to accept it. So some orders are not about whether they are right or not, or whether they are good for all, but who initiated them. Just as the Chinese set up an AIIB, Japan and the United States were reluctant to participate. This is a political attitude, and it has nothing to do with interests.
So when the British merchant ships were passing through the strait, they did not apply to the management committee located in the port area of Istanbul, they believed that they had the right of free passage because they were merchant ships, so they entered the Black Sea. But they found that it was really impossible to dock at ports such as the Chinese port of Silla, nor at ports such as Odessa in Russia, nor at Batumi in the Manchu Qing Dynasty, and finally British merchant ships broke into the Austrian port of Constanta.
The incident quickly attracted international attention and became known as the British ship clearance incident.
This is clearly a diplomatic test, or diplomatic gesture, to test the attitude and bottom line of the countries of the Straits Management Commission, and at the same time to challenge them to see if they really dare to act. As soon as a country did not dare to offend the British Empire, the Straits Convention would become a dead letter.
In Istanbul's management committee office, there are still many troubles in the handover of documents and exchanges with the ports of various countries, and the most important thing is that the port has no experience, and the port has no specific grasp of the content of the Straits Convention and the relevant power regulations, so it is difficult to grasp the proportions of the emergency.
In fact, according to the content of the convention, it is equivalent to the Black Sea and the Mediterranean countries, which acquiesce to each other's division of power in the two seas, and in a certain sense, the Black Sea has become a joint law enforcement zone of China, Russia, Manchu, Austria and the Ottoman Empire, and all countries have the right to exercise law enforcement power here. Therefore, when British merchant ships tried to enter Chinese ports, they should not be denied entry, but should be directly seized by the port anti-smuggling police. However, the Straits Convention does not stipulate the punishment method for violating vessels, so the coast guard has no relevant way to deal with it, and as a result, it can only refuse the other party to enter the port.
Now that British merchant ships have broken directly into Austrian ports, it is only then that all parties react.
What to do?
China convened an emergency meeting, at which Austria was asked to first detain the British merchant ships, and then the countries were working out corresponding departure measures.
The British, for their part, put pressure on Austria to open a breakthrough in the Black Sea and completely dismantle the Straits Pact, a regional organization.
China can't afford to provoke, they don't force their way into Chinese ports, the Manchus are too barbaric, it's easy to break in, they don't create anything, and Russian ports can't break in, the Ottoman Empire is already weak, and there is no point in oppressing the Ottoman Empire, but it is easy for the Ottoman Empire to ask for help from other countries, and when the time comes, it will develop into a British confrontation against the entire Straits Convention countries. Therefore, the British put direct pressure on Austria, and once Austria could not withstand the pressure, then it could only go to the side of the British, and the allied Straits Convention would collapse.
However, although China did not respond well, it reacted quickly, and immediately convened a meeting to let Austria first arrest British merchant ships, and in the name of the Straits Convention, so as to reduce the pressure on Austria and try to escalate the incident to the level of Britain's challenge to the entire Straits Pact countries.
The British did not fall for this, and even though Austria declared that it was a British merchant ship temporarily seized in the name of the Straits Convention, the British continued to pressure the Austrian government to release the seized merchant ship.
British warships began cruising around northern Italy.
Chinese warships also departed from Crete and appeared near the Adriatic Sea.
At the same time, in the name of repairing ships, China applied to the Straits Convention for the entry of Cretan warships into the Black Sea, and the right to approve the entry into the Black Sea was shared by China, Russia, Austria and the Manchus, Ottomans and other countries, because there was no state of war with the Ottomans and the Manchus, so the two countries had no reason to refuse, the veto power was not established, Austria was under pressure from Britain, China's actions were to support them, and they had communicated in advance, so they could not oppose it, let alone Russia, as a result, the Chinese Mediterranean fleet, Began to move into the Black Sea region in a steady stream.
This happens at a tense time, but it is not a temporary measure, because after the blockade is lifted, China will have a large fleet in the Black Sea, using the shipbuilding industry here to maintain a fleet. Sochi was opened up as a military port as a base for the Black Sea Fleet.
Of course, the Cretan base was not abandoned, and new warships kept entering the Cretan base from the Suez Canal, and it was obvious that they could not have come here temporarily, but just in time for the British merchant ships to break through.
The transfer of warships had already begun, and the high-profile announcement at this time was just to put pressure on Britain.
The Austrians could not bear the pressure of confrontation with the British, and continued to call for a speedy resolution of the incident at the meeting, and China proposed that Austria hand over the British merchant ships to the Straits Management Commission, and Austria was eager to get rid of this hot potato.
At this time, a new problem arose, and the Ottoman Empire wanted not to bring British merchant ships into Ottoman ports. Even though the headquarters of the Straits Management Committee was located in Istanbul, the Ottomans feared that the seizure of British merchant ships in Istanbul would only allow British pressure to be shifted from Austria to the Ottoman Empire.
The Straits Convention was established at the suggestion of China, and if China does not take the lead at this time, this convention will be a virtual reality, and it is not a way to let other countries pass the buck.
Therefore, China has taken the initiative to set up a strait tribunal under the framework of the Straits Management Committee, and the tribunal will still be set up in Istanbul, but the executive body will be in Sochi, which is a Chinese military port, and a prison will be established here under the strait court.
China's proposal was unanimously approved, because all countries are unwilling to take over this work of offending people, not only for fear of offending Britain, but similar incidents will definitely happen from time to time in the future, whether it is negligence or deliberate, and it is too offensive to let other countries punish people. Then let China, which has more confidence to offend people, offend those potential targets.
The Tribunal has also been successfully established, and judicial officials from various countries continue to conduct judicial proceedings in accordance with the norms of public international law for acts committed in the Straits area.
Although the Straits Management Commission is staffed by a representative from each country, plus some translators, secretaries and other professionals, as well as legal professionals who have now joined, in fact each country has sent a professional and comprehensive team, but with only one representation.
The court began its trial of the British merchant ships.
While the British government refused to recognize the legitimacy of the Straits Tribunal, it did not refuse to allow the merchant shipowners to defend themselves for hiring a lawyer, and it was even certain that the British government would pay the lawyer's fees.
Problems arose in the trial, as no basis could be found to convict the British merchant ships. Sentenced to invade Austrian territorial waters? This is a merchant ship, not a warship, and there are no clear measures in the definition of territorial sea in the international laws of this era, as well as the sentencing for violations of territorial waters.
That is to say, there is no precedent, and what can be said is that the British ship violated the rules of passage in the straits established by the countries of the Black Sea and the Mediterranean, and can one country, or a union of states, force other countries to accept? The answer is yes. England did just that, as early as 1381, King Richard II of England promulgated the first navigation regulations in England, followed by 1485 and 1540.
In 1651, Cromwell's England issued navigation regulations against the Netherlands, Britain's main competitor in maritime trade, which stipulated that all goods shipped from Europe to England must be transported by English ships or ships of the countries producing the goods; Goods destined for Great Britain or Ireland and the British colonies from Asia, Africa, and the Americas must be carried by British vessels or vessels of the British colonies. Imports and exports of fishing in British ports, as well as goods for coastal trade across British borders, are transported entirely by British vessels. In addition to these rules, which excluded Dutch transport and commerce, there was also a provocative one, requiring all ships passing through the English Channel to lower their flags in greeting the British.
This resulted in the First Anglo-Dutch War of 1652, which the Dutch were defeated and forced to recognize the ordinance. Historically, it was not until 1849 that most of the British navigation regulations were abolished, and in 1854 foreign merchant ships were allowed to trade along the British coast.
It was Britain that took the lead in using its military power to enforce maritime rules on the high seas that were beneficial to its own country. Now the Straits Convention countries require Britain to also obey the navigation guidelines stipulated in the Straits Convention, but Britain does not obey.