UK Arms Diplomacy and International Law on the Black Sea

International LawRussia-Ukraine Conflict

By LJ Howard, 30 January, 2024

Open PDF

RAUSI Research Brief Volume 4, Issue 1

Ukraine’s grain shipments are in danger due to Russia’s use of mining shipping routes in the Black Sea. After the failure of the Black Sea Grain Initiative in July 2023, Ukraine and Romania created a safe lane through their nearby seas. The UK offered old minehunters to help, but Türkiye, using a treaty called Montreux Convention, stopped them from passing through the Dardanelles and Bosphorus Strait. Although it seemed like Türkiye was blocking the UK's arms diplomacy, Türkiye’s denial actually led to broader diplomatic success.

An overview of the research brief’s content is provided below.

Part 1, 'Context and Backstory,' looks at how mines are used in the Black Sea, details efforts to counter mines, and explains Türkiye’s stance on the issue, followed by some initial conclusions.

Part 2, 'International Law and Diplomatic Practice' (which will be discussed in a future paper), looks at laws, treaties, conflicts, and how international actions affect peace and security.

Read Research Brief

Part 1: Context and Backstory

Deployment of Mines

In 2019, Ukraine was a major global player in world grain exports, especially in sunflower oil, corn, barley, and wheat. After Russia invaded Crimea in 2014 and Ukraine in 2022, the export percentages fell. Most of Ukraine's grain goes to China.

The Black Sea ports in Ukraine, like Odessa and Chornomorsk, were blocked by Russia in 2022. Then, in 2023, Russia cancelled the Black Sea Grain Initiative, which made a safe path for shipping grain from Ukraine to the Mediterranean. Ukraine and Romania created a new safe lane inside their seas, but Russia disagreed.

Initiatives in Mine Countermeasures

• UK
  The UK offered two old minehunters to Ukraine to help with the mines in the Black Sea. But Türkiye, as a nearby country, used a treaty to stop these ships from passing through the Dardanelles and Bosphorus Strait.

• NATO
  NATO has groups of ships to counter threats. The US Navy spent time in the Black Sea in 2021, but no big NATO ally has patrolled there since January 2022. Turkey is hesitant to join maritime patrols to avoid upsetting Russia.

• Bulgaria, Romania, and Türkiye Ad Hoc Arrangement
  In 2023, Bulgaria, Romania, and Türkiye decided to work together to deal with the mines in the Black Sea. They formed a task force, but it's not part of NATO.

Türkiye’s Position in Policy and Law Concerning Access to the Straits

Türkiye, using a treaty called Montreux Convention, denied the UK’s minehunters access to the Dardanelles and Bosphorus Strait during the war. This is a law that Türkiye has followed for a long time. Some people thought this blocked the UK's plan, but it actually helped Türkiye in a bigger diplomatic picture.

Analysis and Conclusion

• Analysis of Intended Disposition of HMS Grimsby and HMS Shoreham
  Türkiye's decision to stop the UK's minehunters seemed like a problem at first. But when we look closer, it appears the UK might have planned for this to happen. The UK could have sold the minehunters to Romania instead of Ukraine, and then they might have had an easier time.
• Leveraging the Denial of Access to the Straits
  Türkiye’s decision to stop the minehunters could have been part of a bigger plan. Soon after this, Sweden joined NATO, and Türkiye ratified this decision. This makes NATO stronger on its western and southern sides.
• Conclusion
  The UK's plan might have been to make it seem like there was a problem with Türkiye, but then use it to make NATO stronger against Russia. This could help NATO protect its interests in other places, like the South China Sea.

Read Research Brief