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The Delimitation of the Southern Basin of the Caspian Sea Based on the Principle of Non-Cut Off in the light of the Aktau Convention
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Mohsen Behjati    |
| , Faculty of Law and Political Science, University of Tehran, Tehran, Iran & does not have , mohsen.behjati@yahoo.com |
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Abstract: (118 Views) |
Background and Theoretical Foundations: Delimitation of the seabed and subsoil of the southern basin of the Caspian Sea among its coastal countries is considered one of the most important and complex issues related to the Caspian Sea. Although there is a bilateral agreement between the coastal countries of the northern and middle basins of the Caspian Sea, there is no agreement between the countries of the southern basin (Iran, Turkmenistan, and Azerbaijan) on how to delimit the boundaries of the seabed and subsoil. It does not exist to this day. In 2018, the coastal countries of the Caspian Sea signed the Convention on the Legal Status of the Caspian Sea - known as the Aktau Convention - after long negotiations. In Article 8 of the Aktau Convention, the delimitation of the Caspian seabed and subsoil has been left to the opposite and neighboring countries by agreement and " taking into account the generally recognized principles and norms of international law ", but the nature and examples of these " principles and norms " have not been specified. Investigating this issue, especially due to the extreme concavity of Iran's coastline, the lowest share of the Caspian Seabed is assigned to Iran. Therefore, the clarification of these generally recognized principles and norms of international law is necessary for Iran to achieve a 20% share of the Caspian Sea.
Methodology: The research method used is qualitative and descriptive-analytical. The data is also collected in the library method and attention is paid to the study of books, articles, documents, news sites and opinions of the International Court of Justice, the International Court of Law of the Sea and international arbitration. This article seeks to answer the question that in terms of Article 8 of the Aktau Convention, what are the applicable principles and norms in the delimitation of the southern basin of the Caspian Sea? The boundaries of seabed and subsoil of the southern basin can be applied, and assuming the principle of non-cutoff, what method should be used to delimit the boundaries?
Findings: The findings of this research show that the principle of non-cutoff is one of the generally known principles of international law and has been accepted in current law, and in terms of the specific coastal geography of the southern basin of the Caspian Sea, its application is necessary to obtain a equity result in It is necessary to delimit the boundaries of the Caspian seabed and subsoil between Iran and the republics of Turkmenistan and Azerbaijan. Also, from the technical point of view and to comply with the principle of non-cutoff in the specific geography situation of the southern Caspian Sea, the best method is the method of radial line.
Conclusion: Applying the radial lines method, Iran's share of the Caspian Sea will increase to 20.1% and the Alborz field will be owned by Iran. Assuming the validity of the Aktau Convention and citing the principle of non-cutoff, Iran can assert its rights and benefit from the abundant oil and gas resources as well as other resources in the Caspian Sea. |
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| Keywords: Aktau Convention Continental Shelf Delimitation Equitable Principles The Principle of Non-Cut Off Radial Line Method |
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Type of Study: Research/ Original/ Regular Article |
Subject:
Law of the Sea
Received: 2024/10/21 | Revised: 2025/01/19 | Accepted: 2025/01/4
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