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The sovereign rights of the Caspian Sea littoral states in the surface and water column based on the Aktau Convention
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Homayoun Habibi    , Mona Mohammad Alian |
| Allameh Tabataba`i University , mona.m.alian@Gmail.com |
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Abstract: (81 Views) |
Background and Theoretical Foundations: The Caspian Sea is the largest land-locked body of water in the world. The geographical location and the presence of hydrocarbon resources (oil and gas) have made the Caspian region geopolitically important and valuable not only for coastal countries but also for major world powers; However, the uncertainty of the legal rules and principles governing the Caspian Sea throughout history, especially after the collapse of the Soviet Union and The limited scope of the existing treaties between the Soviet Union and Iran, became a facilitator of the divergence of opinions . Additionally, the unilateral acts taken by coastal states in the Caspian Sea made reaching an agreement very difficult, so that finally, after 26 years of negotiations between the Caspian coastal states, in August 12, 2018, the Convention on the Legal Status of the Caspian Sea was signed by all of the Caspian Sea coastal states. This treaty succeeded in specifying the criteria for the delimitation of maritime zones, especially at the surface and the water column, and sporadically addressed the sovereignty, jurisdiction and the scope of the exercise of sovereign rights of coastal states.
Methodology: In this article, an attempt has been made to use the descriptive / analytical method and using library sources, taking into account the provisions of the Aktau Convention as the Caspian Sea Constitution and other related instruments of the region, of which all the Caspian states are members, the issues of sovereignty, jurisdiction and the quantity and quality of exercising the sovereign rights of these states in the Caspian Sea zones should be recognized and investigated. The most important of these instruments are: “Framework Convention for the Protection of the Marine Environment of the Caspian Sea” (2003) and its protocols, “Agreement on the conservation and sustainable use of aquatic biological resources of the Caspian Sea”. and “Agreement on cooperation in the field of security in the Caspian Sea” (2010) and its protocols. In addition to these instruments, the references of the Aktau Convention to the principles and rules of international law, makes it necessary to study these sources.
Findings: This article attempts to examine and evaluate the various dimensions of sovereignty, jurisdiction and sovereign rights of the Caspian Sea coastal states in the central and challenging issues as follows: stability and security, transportation in water and air, protection of the Caspian Sea environment and scientific researches in The four zones of the surface and water column which are: internal waters, territorial waters, fishing zone and common water zone, focusing on treaties between all coastal states, related international principles and rules that are directly or indirectly endorsed by the Aktau Convention. Although it is undeniable that the Aktau Convention was modeled after the 1982 Convention on the Law of the Sea, known as the Constitution of the Sea, However according to the definition of the Caspian Sea as a "the body of water " in the introduction of the Aktau Convention, the nature of the Caspian Sea is rejected even in the form of closed and semi-closed seas, and on this basis, the Caspian Sea is excluded from the provisions of the Law of the Sea Convention; Especially since not all the Caspian Sea coastal states are members of the latter convention. Therefore, some legal researches endeavors to compare, align and even examine the applicability of the provisions of the Convention on the Law of the Sea to the challenging issues of the Aktau Convention and the Caspian Sea; Although they are valuable from a theoretical point of view, they are not enforceable and ultimately the results of the comparison can be used in future protocols or future amendments of the Aktau Convention and related instruments. Therefore, to identify the sovereignty and jurisdiction of the coastal states should focus on the Aktau Convention and the instruments and rules referred to in this Convention.
Conclusion: The Caspian Sea coastal states have absolute sovereignty in the internal waters and relative sovereignty in the territorial waters, as the coastal states has certain limitations in terms of jurisdiction in this zone. The Aktau Convention for the fishing zone, by determining the exclusive right to exploitation marine living resources, recognizes the sovereign rights of the coastal state related to this matter and in the common water zone, it acknowledges collective sovereign by providing for the right of use for all coastal states with an emphasis on the principle of cooperation. |
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| Keywords: Aktau Convention, Caspian Sea maritime Zones, Sovereign Rights of Coastal States, Caspian Sea Security, Protection and Protection of Caspian Sea Environment |
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Type of Study: Research/ Original/ Regular Article |
Subject:
Law of the Sea
Received: 2024/07/15 | Revised: 2024/11/5 | Accepted: 2024/11/5
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