Convention on the Legal Status of the Caspian Sea

2019 ◽  
Vol 58 (2) ◽  
pp. 399-413
Author(s):  
Rizal Abdul Kadir
Keyword(s):  
Soviet Union ◽  
United Nations ◽  
International Law ◽  
Caspian Sea ◽  
Legal Status ◽  
The Caspian Sea ◽  
The Soviet Union ◽  
The United Nations

After twenty-two years of negotiations, in Aktau on August 12, 2018, Kazakhstan, Azerbaijan, Iran, Russia, and Turkmenistan signed the Convention on the Legal Status of the Caspian Sea. The preamble of the Convention stipulates, among other things, that the Convention, made up of twenty-four articles, was agreed on by the five states based on principles and norms of the Charter of the United Nations and International Law. The enclosed Caspian Sea is bordered by Iran, Russia, and three states that were established following dissolution of the Soviet Union, namely Azerbaijan, Kazakhstan, and Turkmenistan.

scholarly journals Towards Cementing International Law through Renaissance of the United Nations Charter

2020 ◽  
pp. 6-25
Author(s):  
A. N. Vylegzhanin ◽  
Tim Potier ◽  
E. A. Torkunova
Keyword(s):  
Soviet Union ◽  
United Nations ◽  
International Law ◽  
World War ◽  
The Soviet Union ◽  
International Legal Order ◽  
The Usa ◽  
The United Nations ◽  
Jus Cogens ◽  
United Nations Charter

INTRODUCTION. This year is the 75-th anniversary of the Great Victory of the Allies – Britain, the Soviet Union and the USA – over Nazi Germany. The most important legal result of this victory has become the Charter of the United Nations – the universal treaty initiated by Great Britain, the Soviet Union and the USA (and later – by China and France) aiming to save succeeding generations from the new world war by establishing United Nations mechanisms to maintain international peace and global security. The UN Charter has since become the foundation of modern international law, respected by States across continents and generations. That seems, however, to begin changing after the collapse of the Warsaw Pact, when its former-members «socialist» European countries (including Bulgaria and Poland) became a part of the Western military bloc – North Atlantic Treaty Organization (NATO). NATO seems to demonstrate now a new attitude to fundamental principles of the UN Charter, first of all, to the principle relating to the use of armed force only according to the UN Charter. NATO States-members launched in 1999 an air campaign against Serbia without authorization by the Security Council; then an ad hoc western coalition, led by the United States, resorted to armed force in 2003 against Iraq and organized in the occupied territory of Iraq the death penalty of the President Saddam Hussein. Even some western European States, France and Germany, first of all opposed such military action of the USA for ignoring the UN Charter. The apparent involvement of the USA in the unconstitutional removal of the Ukrainian President Yanukovich from power in Kiev in 2014 and the subsequent local war between those who recognize such a discharge as legitimate and those who do not (both referring to the right of self-defense) – these facts make the problem of international peace especially urgent. In this political environment, the risks of World War III seem to be increasing. This paper addresses such challenges to modern international law.MATERIALS AND METHODS. Th background of this research is represented by the teachings of distinguished scholars and other specialists in international law, as well as international materials including documents of the international conferences relevant to the topic. Some of such materials are alarming, noting that the international legal system is in danger of collapse and it is doubtful whether an international legal order will be possible in the coming decades at all. Others are not so pessimistic. The analytical framework includes also suggested interpretations of the UN Charter and other international treaties regulating interstate relations in the area of global security. The research is based on a number of methods such as comparative law and history of international law, formal logic, including synthesis of relevant facts and analogy.RESEARCH RESULTS. It is acknowledged that there is a need for a more coherent international legal order, with the system of international law being at its heart. Within the context of applicable principles and norms of international law, this article specifically provides the results of analysis of the following issues:1) centrifugal interpretations of international law as they are reflected in its sources; 2) the need for increasing the role of the UN Charter in the global international legal framework; 3) modern values of the UN Charter as an anti-confusion instrument; 4) the contemporary meaning of the Principles embedded in the UN Charter; 5) comparison of the main principles of international law and general principles of law; 6) jus cogens and the UN Charter.DISCUSSION AND CONCLUSIONS. After discussing the issues noted above, this paper concludes that it is in the interest of the community of states as a whole to clarify the normative structure and hierarchy of modern international law. Greater discipline will need to be demonstrated in the use and classification of principles of international law and general principles of law in the meaning of Article 38 of the ICJ Statute. The content of jus cogens norms most probably will be gradually identified, after diffi lt discussions across the international community, both at interstate level and among academics. At the heart of such discussions may be the conclusion suggested in this paper on the peremptoriness of the principles of the United Nations Charter – Articles 1 and 2. Such an approach will further promote international law at the advanced quality of regulation of international relations and, for the good of all mankind, assist in the establishment of an international environment much more dependent on the rule of law.

Prospects for energy cooperation in the Caspian Sea

2007 ◽  
Vol 40 (2) ◽  
pp. 157-168 ◽  
Author(s):  
Gawdat Bahgat
Keyword(s):  
Soviet Union ◽  
Natural Gas ◽  
Caspian Sea ◽  
Legal Status ◽  
Cost Effective ◽  
The Caspian Sea ◽  
Gas Reservoir ◽  
The Soviet Union ◽  
Oil And Natural Gas ◽  
The Persian Gulf

Since the collapse of the Soviet Union in late 1991, the Caspian Sea region has been seen as a potential major oil and natural gas reservoir. For more than a decade, the five nations that share the Caspian—Azerbaijan, Iran, Kazakhstan, Russia, and Turkmenistan—have sought to develop the basin’s hydrocarbon resources. This paper provides an assessment of these resources and examines two major hurdles: lack of consensus on the legal status of the Caspian and disagreement of the most cost effective pipeline routes. It argues that oil and natural gas from the Caspian is certain to contribute to global energy security. However, the Caspian Sea should not be seen as a replacement to the Persian Gulf.

INTEGRATION AND CENTRIFUGAL TENDENCIES IN THE CASPIAN REGION: LEGAL ASPECTS

2021 ◽  
Vol 1 (2) ◽  
pp. 35-42
Author(s):  
KURBANOV RUSHID A. ◽  
◽  
BELYALOVA ASIA M. ◽  
Keyword(s):  
Soviet Union ◽  
Caspian Sea ◽  
Legal Status ◽  
Legal Aspects ◽  
Caspian Region ◽  
Legal Basis ◽  
The Caspian Sea ◽  
The Soviet Union ◽  
Former Soviet Republics

The article analyzes the legal basis for cooperation of the states of the Caspian region - Russia, Azerbaijan, Kazakhstan, Turkmenistan and Iran. With the signing of the Convention on the Legal Status of the Caspian Sea in 2018, the relations between five countries have reached a qualitatively new level. While with the collapse of the Soviet Union centrifugal trends dominated cooperation, especially after the former Soviet republics gained independence, recent years have been characterized by centripetal tendencies, and the COVID-19 crisis has clearly demonstrated that only by joint efforts the countries can confront today's challenges and threats. An important aspect of cooperation among the Caspian littoral states is their membership in various integration groupings, which imposes certain obligations on these states, undoubtedly affecting their interaction in the Caspian region.

The Gulf Crisis and African-American Interests Under International Law

1993 ◽  
Vol 87 (1) ◽  
pp. 42-82 ◽  
Author(s):  
Henry J. Richardson
Keyword(s):  
Soviet Union ◽  
United Nations ◽  
International Law ◽  
The United States ◽  
International Community ◽  
Desert Storm ◽  
Enforcement Action ◽  
The Soviet Union ◽  
The United Nations ◽  
The Cold War

It has now been two years since the end of the United Nations Security Council’s military enforcement action against Iraq, popularly known as “Operation Desert Storm.” The glow of military success suffused the American atmosphere, and its aftermath is clearly shaping international expectations about the United Nations, its legal authority, human rights, and more general issues of power, wealth and loyalties of peoples. Also shaping expectations is the end of the Cold War, which left the United States as the sole “superpower.” How well the international community and the American polity are adjusting to the absence of the Soviet Union as a major state and convenient enemy remains open to question. International law is thus challenged to regulate an international community suddenly transformed in many ways.

Ownership of Oil and Gas Resources in the Caspian Sea

2000 ◽  
Vol 94 (1) ◽  
pp. 179-189 ◽  
Author(s):  
Kamyar Mehdiyoun
Keyword(s):  
Soviet Union ◽  
Caspian Sea ◽  
Legal Status ◽  
Oil And Gas ◽  
The South ◽  
The Caspian Sea ◽  
Oil And Gas Fields ◽  
The Soviet Union ◽  
Oil And Gas Resources ◽  
Offshore Oil And Gas

In the aftermath of the breakup of the Soviet Union and the birth of new sovereign nations bordering the Caspian Sea, the legal status of the sea has emerged as one of the most contentious international problems facing the region. The discovery of large offshore oil and gas deposits in the area has added urgency to the need to resolve the twin issues of the legal status of the sea and the corresponding mining rights.The Caspian, the largest inland body of water in the world, is approximately the size of Japan. The south Caspian is the deepest part and contains the most productive oil and gas fields. The oil-producing area of the south Caspian that holds the most promise extends along a narrow structural zone across the sea from the Apsheron Peninsula in Azerbaijan to the Peri-Balkhan region of western Turkmenistan.

NEW OPPORTUNITIES AND UNRESOLVED ISSUES IN THE CONTEXT OF CONVENTION ON THE LEGAL STATUS OF THE CASPIAN SEA

ANCIENT LAND ◽  
2020 ◽  
Vol 01 (02) ◽  
pp. 58-63
Author(s):  
Jamila Rashadat Majidli ◽  
Keyword(s):  
United Nations ◽  
Key Words ◽  
Caspian Sea ◽  
Legal Status ◽  
Current Situation ◽  
Law Of The Sea ◽  
The Caspian Sea ◽  
International Dispute ◽  
United Nations Convention ◽  
The United Nations

This article is dedicated for the analysis of the Convention on ‘Legal Status of the Caspian Sea’ concluded on August 12th, 2018 between the coastal States of the Caspian Sea. The exclusive rights and new opportunities issued to the parties, and alternative resolution to the question ‘sea or lake’ which has been getting on international dispute are researched throughout the Article. However, some issues arisen before the Convention have not been resolved yet. The research states possible solutions for these issues and clarifies indefinite circumstances not reflected in the Convention. In this paper, contradictions existing within the provisions of the Convention and discrepancies occurred between the clauses and the practice are searched. This Article has been prepared on the basis of the analysis of the articles of the Convention on ‘Legal Status of the Caspian Sea’ and the comparison of the current situation with the United Nations Convention on the Law of the Sea (UNCLOS- 1982). Key words: Caspian Sea, special legal status, international disputes, delimitation, implementation of the strategical projects

The Development of the United Nations Law Concerning Peace-Keeping Operations

1992 ◽  
Vol 5 (2) ◽  
pp. 273-281
Author(s):  
Robert Siekmann
Keyword(s):  
Cold War ◽  
Soviet Union ◽  
United Nations ◽  
Central America ◽  
The Soviet Union ◽  
The World ◽  
New Thinking ◽  
The United Nations ◽  
The Moment ◽  
The Cold War

Especially as a consequence of the termination of the Cold War, the détente in the relations between East en West (Gorbachev's ‘new thinking’ in foreign policy matters) and, finally, the disappearance of the Soviet Union, the number of UN peace-keeping operations substantially increased in recent years. One could even speak of a ‘proliferation’. Until 1988 the number of operations was twelve (seven peace-keeping forces: UNEF ‘I’ and ‘II’, ONUC, UNHCYP, UNSF (West New Guinea), UNDOF AND UNIFIL; and five military observer missions: UNTSO, UNMOGIP, UNOGIL, UNYOM and UNIPOM). Now, three forces and seven observer missions can be added. The forces are MINURSO (West Sahara), UNTAC (Cambodia) and UNPROFOR (Yugoslavia); the observer groups: UNGOMAP (Afghanistan/Pakistan), UNIIMOG (Iran/Iraq), UNAVEM ‘I’ and ‘II’ (Angola), ONUCA (Central America), UNIKOM (Iraq/Kuwait) and ONUSAL (El Salvador). UNTAG (Namibia), which was established in 1978, could not become operational until 1989 as a result of the new political circumstances in the world. So, a total of twenty-three operations have been undertaken, of which almost fifty percent was established in the last five years, whereas the other half was the result of decisions taken by the United Nations in the preceding forty years (UNTSO dates back to 1949). In the meantime, some ‘classic’ operations are being continued (UNTSO, UNMOGIP, UNFICYP, UNDOF, and UNIFIL), whereas some ‘modern’ operations already have been terminated as planned (UNTAG, UNGOMAP, UNIIMOG, UNAVEM ‘I’ and ‘II’, and ONUCA). At the moment (July 1992) eleven operations are in action – the greatest number in the UN history ever.

scholarly journals Mental health services in Azerbaijan

2004 ◽  
Vol 1 (3) ◽  
pp. 16-17
Author(s):  
Fuad Ismayilov
Keyword(s):  
Mental Health ◽  
Soviet Union ◽  
Mental Health Services ◽  
Health Services ◽  
Caspian Sea ◽  
Total Population ◽  
The Other ◽  
The Caspian Sea ◽  
The North ◽  
The Soviet Union

Azerbaijan is a nation with a Turkic population which regained its independence after the collapse of the Soviet Union in 1991. It has an area of approximately 86 000 km2. Georgia and Armenia, the other countries comprising the Transcaucasian region, border Azerbaijan to the north and west, respectively. Russia also borders the north, Iran and Turkey the south, and the Caspian Sea borders the east. The total population is about 8 million. The largest ethnic group is Azeri, comprising 90% of the population; Dagestanis comprise 3.2%, Russians 2.5%, Armenians 2% and others 2.3%.

Origins of the United Nations

2018 ◽  
pp. 40-58
Author(s):  
Justin Morris
Keyword(s):  
Soviet Union ◽  
United Nations ◽  
San Francisco ◽  
Common Ground ◽  
The United States ◽  
World Politics ◽  
The United Kingdom ◽  
The Soviet Union ◽  
The United Nations ◽  
World Organization

This chapter analyzes the transformational journey that plans for the United Nations undertook from summer 1941 to the San Francisco Conference of 1945 at which the UN Charter was agreed. Prior to the conference, the ‘Big Three’ great powers of the day—the United States, the Soviet Union, and the United Kingdom—often struggled to establish the common ground on which the UN’s success would depend. However, their debates were only the start of the diplomatic travails which would eventually lead to the establishment of the world organization that we know today. Once gathered at San Francisco, the fifty delegations spent the next two months locked in debate over issues such as the role of international law; the relationship between the General Assembly and Security Council; the permanent members’ veto; and Charter amendment. One of modern history’s most important diplomatic events, its outcome continues to resonate through world politics.

The USSR, the United Nations, and the General Welfare

1965 ◽  
Vol 17 (3) ◽  
pp. 495-502
Author(s):  
Leon Gordenker
Keyword(s):  
New York ◽  
Soviet Union ◽  
United Nations ◽  
International Organizations ◽  
Recent Attempt ◽  
Soviet Policy ◽  
The Soviet Union ◽  
General Welfare ◽  
Peace And Security ◽  
The United Nations

International, the flooding stream of words from national governmental representatives in international organizations has been accompanied by only a trickle of scholarly studies. These include the Carnegie Endowment's valuable series of studies of national policies in the UN, most of which are now outdated. The series does not have a volume on the USSR. The most extended and valuable recent attempt to fathom Soviet policy in the United Nations is Alexander Dallin's The Soviet Union at the United Nations (New York 1962). It deals with broader subject matter than the two books discussed here and gives much consideration to Soviet policy in relation to the maintenance of peace and security.

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