Legal framework for the interstate cooperation on development and transport of fossil natural resources of the Caspian Sea†

2020 ◽  
Vol 13 (2) ◽  
pp. 169-184
Author(s):  
Barbara Janusz-Pawletta
Keyword(s):  
Natural Resources ◽  
Caspian Sea ◽  
Legal Status ◽  
Legal Framework ◽  
Legal Regime ◽  
The Caspian Sea ◽  
The Sustainable Development ◽  
Interstate Cooperation ◽  
The Individual ◽  
First Time

Abstract This article focuses on the regulations of the Convention on the legal status of the Caspian Sea (hereinafter as Caspian Sea Convention), which was adopted in 2018. It regulates the development and access to Caspian fossil fuel resources and protects its environment, which are important factors for the sustainable development of the region. The main finding of this article is that the Caspian Sea Convention, having established the maritime zones, has, for the first time ever, recognized the territorial sovereignty of the individual riparian states in the Caspian Sea and defined its territorial scope. After presenting to the riparian states’ their rights and obligations within the newly defined maritime zones, the article analyses the new legal framework for the development and use of the natural resources of the Caspian Sea. It also elaborates on the new legal regime for the transportation of resources by means of vessels and submarine pipelines.

The Caspian Sea: Quest for a New Legal Regime

1996 ◽  
Vol 9 (1) ◽  
pp. 87-98 ◽  
Author(s):  
Sergei Vinogradov ◽  
Patricia Wouters
Keyword(s):  
Soviet Union ◽  
Natural Resources ◽  
Caspian Sea ◽  
Former Soviet Union ◽  
Legal Regime ◽  
The Caspian Sea ◽  
Former Ussr

One of the most controversial contests over the allocation of shared natural resources is now being waged by four former Soviet Union republics (Azerbaijan, Kazakhstan, Russia, and Turkmenistan) and Iran over the riches of the Caspian Sea. The bilateral regime established by the former USSR and Iran governing the Caspian Sea, though technically still existing today, is inadequate to deal with the present-day complex issues of the use and allocation of natural resources. The situation is aggravated by unilateral claims of the states bordering the Sea. Although the coastal states are currently discussing how the regime of the Caspian Sea might be resolved, the issue is not yet settled and the positions of the parties remain divergent.

Problems of Cooperation between the Caspian States: Investment and Legal Aspects

2020 ◽  
Vol 26 (10) ◽  
pp. 1080-1091
Author(s):  
B. V. Zembatova ◽  
I. A. Yakovlev
Keyword(s):  
Caspian Sea ◽  
Legal Status ◽  
Economic Cooperation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Transport Infrastructure ◽  
The Caspian Sea ◽  
Energy Trade ◽  
The Impact ◽  
Laws And Regulations

Aim. The presented study aims to substantiate the objective need for legal regulation of interaction between the Caspian states in the development of Caspian resources as a starting point for balanced economic cooperation.Tasks. The authors develop baselines for analyzing the state of economic cooperation between the Caspian Five countries, laws and regulations adopted by the Caspian states to regulate interaction in the Caspian Sea; analyze the impact of the current legal regulator of relations on the possibility, nature, and directions of cooperation between the Caspian states in the investment sphere and key sectors (energy, trade, transport, etc.).Methods. This study uses general scientific methods of cognition in various aspects to substantiate approaches to analyzing the legal framework of Caspian economic cooperation, identify key problems of regulating the rights of the Caspian Five states as owners of the Caspian Sea, and propose major directions for solving these problems.Results. Analysis of laws and regulations governing the interaction between the Caspian Five states in the usage of the Caspian Sea and its resources in the context of the current stage of development of their relations shows the uncertainty of the legal status of the Caspian Sea to be the main reason for economic problems in the cooperation between the Caspian states. The identified problems determine the selection of approaches to the formation of the fundamentals of legal regulation of interaction between the Caspian states and their application to determining the content of such concepts as “the Caspian Sea as an object of law”, “legal status of the Caspian Sea”, and the principles of formation of norms regulating the legal status of the Caspian Sea serving as the main missing elements of the legal framework of cooperation between the Caspian states – the owners of the Caspian Sea and its resources.Conclusions. Establishing the legal status of the Caspian Sea has become one of the main goals and at the same time a major problem of interaction between the Caspian states in the investment sphere, energy, trade, and transport infrastructure since their unification into the five co-owners of the Caspian Sea. This problem has not been resolved to this day.

The problem of international legal status of the Caspian Sea

2021 ◽  
Vol 15 (2) ◽  
pp. 103-106
Author(s):  
Əminə Ceyhun qızı Qasımova ◽  
Keyword(s):  
Key Words ◽  
Caspian Sea ◽  
Legal Status ◽  
Coastal Areas ◽  
Exclusive Economic Zone ◽  
Legal Regime ◽  
The Caspian Sea ◽  
Controversial Subject ◽  
Economic Zone

İnternational legal status of Caspian Sea has long been a controversial subject among littoral states. Determining a status of the Caspian Sea as a lake, a sea, or a specific body of water, also, specifying the international legal status and regime caused disagreement among the five Caspian Sea littoral states. As a result, it made more tough to resolve the issue of the legal status of the Caspian Sea. On August 12, 2018, the Convention on the Legal Status of the Caspian Sea was signed by the leaders of the Caspian littoral states in Aktau, Kazakhstan. Although this convention did not fill all the necessary gaps, it eliminated a historical problem. The main point of the convention is the naming of the Caspian Sea "a watershed surrounded by the coastal areas of the parties." The use of the term "Sea" is only conditional. Key words: Caspian Sea, Enclosed Sea, Semi-enclosed Sea, İnternational Lake, İnternational Legal Status, İnternational Legal Regime, Territorial Sea, Exclusive Economic Zone.

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.

The Soviet-Iranian Treaty of 1921: History and Modernity (to the Centenary of Conclusion)

2021 ◽  
pp. 191
Author(s):  
Zaven A. Arabadzhyan
Keyword(s):  
Caspian Sea ◽  
Legal Status ◽  
The Caspian Sea ◽  
National Interests ◽  
Economic Relations ◽  
Bilateral Relations ◽  
Property Transfer ◽  
Soviet Russia ◽  
Set Up ◽  
Almost All

After a century since the Soviet-Iranian Treaty was signed in 1921 authors of the article consider its significance from a new viewpoint – as the backing of the sovereignty of Iran and Russia that supported development of their relations. Authors examine the way it complied with the interests of Russia and Iran, and its impact on the bilateral relations in the 20th century. The signing of the Treaty secured the sovereignty of Iran, served as the base for the development of equal relations between the two neighboring states and opened up Iran for relations with foreign states. For the Russia, this document was a step towards breaking its diplomatic isolation. The authors emphasize that Russia had granted almost all its property to Iran which contributed to the improvement of the financial situation in Iran and served as a base for the development of mutually beneficial economic relations between the two countries. The authors mention that the property transfer clause was connected with the security of the Soviet Russia. This fact was reflected in the Article 6 of the Treaty. The Treaty set up the basement for the legal status of the Caspian Sea as a closed sea in the states' joint usage. The Convention on the Legal Status of the Caspian Sea, signed in 2018, to some extent retained the special regime of the sea and reflected the spirit of the Treaty of 1921. Although in IRI there are different views about the Treaty some experts consider that it generally complied with Iran's national interests.

X. Growing Tension and the Threat of War in the Southern Caspian Sea: The Unsettled Division Dispute and Regional Rivalry

2003 ◽  
Vol 2 (3) ◽  
pp. 575-591
Author(s):  
Hooman Peimani
Keyword(s):  
Caspian Sea ◽  
The United States ◽  
Caspian Region ◽  
Legal Regime ◽  
The Caspian Sea ◽  
Military Conflict ◽  
American Military ◽  
Military Presence ◽  
Military Conflicts ◽  
Southern Caspian Sea

AbstractThe absence of an acceptable legal regime for the division of the Caspian Sea among its five littoral states has created grounds for conflicts, crises, and wars in the Caspian region, a situation worsened since 2001 when Iran, Azerbaijan, and Turkmenistan found each other on a collision course over the ownership of certain offshore oilfields. The region has since been heading towards militarization, while the persistence of conflicts over the Caspian Sea's division has prepared the ground for military conflicts. Fear of lagging behind in an arms and the manipulation of conflicts by the United States and Turkey have further encouraged militarization. Against this background, certain factors, including Turkey's efforts to deny Iran political and economic gains in the Caspian region, the growing American military presence in Eurasia, and the expanding American-Azeri military ties since 11 September 2001 will likely contribute to the creation of a suitable ground for a military conflict in the Caspian region.

scholarly journals Legal Status Of The Caspian Sea: History And Present

2012 ◽  
Vol 6 ◽  
Author(s):  
Ardak Kapyshev
Keyword(s):  
Caspian Sea ◽  
Legal Status ◽  
Oil Fields ◽  
Present Stage ◽  
The Caspian Sea ◽  
Interstate Relations ◽  
The Usa ◽  
History Of ◽  
The Right ◽  
Near Future

At  the  present  stage  one  of  the  unsolved   problems in  interstate relations of  Caspian bordering countries is defining international­legal status of the Caspian Sea. It is noted in the article that this problem is not a new one at all. The history of “division” of the Caspian Sea begins in the ancient age, namely in VIII century. It is underlined that the basic stumbling block  is the position of Iran on the right to use the Caspian Sea, and also occurrence of extra regional players, such as  the USA, China, etc. First of  all, it is connected with rich oil fields and other minerals, and also with convenient geopolitical and geostrategic position. The only way to worry out the international­legal delimitation of the Caspian Sea problem is a negotiating process. By now, despite of  certain disagreements on  legal status of  the Caspian Sea, five Caspian bordering countries managed to achieve certain progress, admitting the possibility of applying the principle of sectorial sectioning on the Caspian Sea.  Clear proof  of  it is the agreements on  division of ground on the northern part of Caspian Sea signed between Kazakhstan, Russia and Azerbaijan. It is important that Kazakhstan, Russia, Azerbaijan and Turkmenistan clearly stated their positions and agreed to make a compromise in their official statements. More than likely, in the near future Iran will soften its position, considering its present  situation and   strained relations with the USA. It has been alleged that the constructive  dialog  already  started; everything depends on  the mobility,  concurrency and rationality of actions of all Caspian bordering countries.

New Stage in the Geopolitical Struggle around the Caspian Sea after 1991

2021 ◽  
Vol 13 (1) ◽  
pp. 21-36
Author(s):  
Stanislav Aleksandrovich Pritchin
Keyword(s):  
Caspian Sea ◽  
Legal Status ◽  
Oil And Gas ◽  
Political Influence ◽  
Water Area ◽  
The Caspian Sea ◽  
Regional Powers ◽  
Complete Work ◽  
Strategic Goals ◽  
The Military

For almost three centuries, starting with the campaign of Peter the Great in 1721-1722, Russia has traditionally played a key role in the Caspian Sea. The situation changed dramatically with the collapse of the USSR in 1991 and the emergence of three new regional players-Azerbaijan, Kazakhstan and Turkmenistan. For Russia, this meant a significant reduction in influence in the region and the loss of control over most of the water area and the sea and its resources. In the historiography devoted to the region, the emphasis is placed on assessing the new round of geopolitical struggle, the position and interests of Western and regional powers. The author of this article provides a critical analysis of changes in Russian policy towards the Caspian Sea over the past 30 years and assesses the effectiveness of these changes. The difficult transition from the role of a dominant player in a region closed to external competitors to an open geopolitical confrontation over resources, their transportation routes, and political influence at the first stage was not in favor of Russia. Russia could not defend the principle of a condominium for joint development of hydrocarbon resources of the sea. With the active assistance of Western competitors, Russia lost its status as a monopoly transit country for oil and gas from the region. At the same time, thanks to diplomatic efforts and increased political dialogue with its neighbors in the region, Russia managed to resolve all territorial issues at sea by 2003, maintain the closed status of the sea for the military forces of third countries, and by 2018 complete work on the Convention on the international legal status of the sea, which established the principles of cooperation in the region that are important for the Russian Federation. Thus, official Moscow managed to achieve the strategic goals adapted after the collapse of the USSR by using the traditional strengths of its foreign policy and consolidate its status as the most influential player in the region.

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