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.

scholarly journals Economic Relations of the Caspian Sea Countries

2020 ◽  
pp. 145-156
Author(s):  
Orman Sultanli
Keyword(s):  
Caspian Sea ◽  
Legal Status ◽  
Regional Cooperation ◽  
Transport Infrastructure ◽  
Added Value ◽  
Joint Production ◽  
Caspian Region ◽  
The Caspian Sea ◽  
Common Interests ◽  
The Creation

The article deals with the economic and political contradictions of the Caspian region. The first and most significant step towards building mutually beneficial cooperation between the five countries located on the Caspian sea coast was the signing of the Convention on the legal status of the Caspian sea of 12 August 2018 (the Convention), which defined the common interests of the countries in economic and security issues. This is only the beginning of a successful regional cooperation. Nevertheless, favorable conditions have already been created for the deepening of mutually beneficial economic cooperation and the development of new transit and transport infrastructure. Despite certain aspects of competition in the international hydrocarbon market, the countries of the Caspian region can form a joint production infrastructure based on joint concession megaprojects in order to ensure the export of petroleum products with a high share of added value. This aspect, as well as common interests in the field of security and preservation of the Caspian sea ecosystem, can become the Foundation for the creation of a new regional Association of countries. The article reveals the main issues that can be resolved through the implementation of joint mutually beneficial regional projects. In economic terms, the main obstacle is the competition of the countries of the region in the Chinese hydrocarbon market. Taking into account the capacity and potential of this market, the transition from the positions of competitors to the positions of joint supplies could be ensured by the creation of a single processing production interstate cluster.

scholarly journals The Balanced Current Special Status of the Caspian Sea under International Law

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 51-62 ◽  
Author(s):  
V. A. Batyr
Keyword(s):  
International Law ◽  
Caspian Sea ◽  
Legal Status ◽  
Regional Cooperation ◽  
Legal Regulation ◽  
Water Area ◽  
Exploration And Exploitation ◽  
Median Line ◽  
The Caspian Sea ◽  
Legal Regimes

The article explores the peculiarities of international legal regulation of the special legal status of the Caspian Sea, legal regimes created by the Convention on the Legal Status of the Caspian Sea the adoption of which in 2018 marked the establishment of a system of treaties with regard to the Caspian Sea. The Convention aims to avoid fragmentation of international legal regulation and represents the result of the codification of the most important issues of regional cooperation among the Caspian States. It is noted that the water area of the Caspian Sea is divided into internal waters, territorial waters, fishing zones, common maritime space. The delimitation of the bottom and subsoil of the Caspian Sea into national bottom sectors is carried out by the agreement between adjacent and opposite States in compliance with the modified median line. 17 principles of activity on the Caspian Sea have been established, legitimate activities and corresponding legal regimes in the Caspian Sea have been defined: exploration and exploitation of its bottom and subsoil resources; fishing, use and protection of aquatic biological resources; shipping; marine scientific research; laying of cables and pipelines; protection of the ecological system.

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.

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.

scholarly journals International legal experience in combating illegal migration by sea

2021 ◽  
Vol 66 ◽  
pp. 284-287
Author(s):  
O.O. Kukshynova ◽  
A. O. Samoilenko
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Regulation ◽  
European Countries ◽  
The European Union ◽  
Illegal Migration ◽  
Illegal Migrants ◽  
Theoretical Approaches ◽  
The Impact ◽  
Treaty Of Amsterdam

This article highlights the impact of international law on the global process of illegal migration, reveals a number of international problems related to international migration, in particular by sea, identifies the main factors influencing illegal migration in general, indicates the state of illegal migration in various European Union countries. attention is paid to such important international legal instruments as the Schengen Agreement of 1985 and 1990, the Dublin Convention of 1990, the Maastricht Treaty of 1992 and the Treaty of Amsterdam of 1997. The article also focuses on the European Union agency, which deals with the protection of external borders and their protection from illegal migrants, in particular, by sea.The analysis of theoretical and practical aspects of combating illegal migration by sea at the international level, as well as in the development of scientific and theoretical approaches to solving migration problems, characterizes the legal regulation of combating illegal migration by maritime transport and maritime participation established intergovernmental bodies. The main tools of the European Union to combat illegal migration by sea, which can be used to improve the legal regulation of migration authorities of other countries, as well as substantiate the organizational and legal framework of European countries in the field of legal support to combat illegal migration by sea.The actions of European states represented by the relevant state bodies in solving the problems of illegal migration with the help of merchant fleets of European countries are studied. The article pays attention to the influence of illegal migration on the formation and change of legal awareness of society, as the beginning of the formation of criminogenic factors among illegal migrants in the host country.

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.

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

Sign in / Sign up

Export Citation Format

Share Document