WANA (Aug 10) – The provisions of the Convention on the Legal Status of the Caspian Sea establish a common legal framework for managing security, economic, environmental and maritime issues in the Caspian Sea. The convention, reached after two decades of negotiations among the five littoral states, could, if implemented, play an important role in regulating relations among the coastal countries and advancing Iran’s interests in the Caspian Sea.

 

Signed by the leaders of Iran, Russia, Kazakhstan, Turkmenistan and Azerbaijan in Aktau, Kazakhstan, on August 12, 2018, the convention sets out a range of common rights and obligations for the five littoral states.

 

One of the convention’s key provisions concerns security in the Caspian Sea and the exclusion of military forces from non-littoral states. Under Article 3, Paragraph 6, the deployment of military forces, warships and military bases belonging to non-littoral states in the Caspian Sea is prohibited. The parties have also committed themselves to preventing their territories from being used for military actions against other littoral states.

 

The issue is particularly significant for Iran, as the Caspian Sea has remained one of the country’s least volatile surrounding regions in recent decades. Preventing the area from becoming a theater for military competition involving extra-regional powers has been one of Tehran’s key objectives in negotiations over the sea’s legal regime.

 

A Special Legal Regime for the Caspian Sea

A central feature of the convention is its establishment of a special legal regime for the Caspian Sea. Rather than treating the Caspian strictly as either a lake or a sea under existing international maritime law, the convention creates a sui generis legal framework specifically designed for the Caspian.

 

This approach provides a distinct basis for defining the rights and responsibilities of the littoral states and addresses issues including internal waters, territorial waters, exclusive fishing zones, the common maritime space, living aquatic resources and environmental protection.

 

Under the convention, the maritime zones of the littoral states include internal waters, up to 15 nautical miles of territorial waters, and a 10-nautical-mile exclusive fishing zone. This framework expands the area in which coastal states can exercise exclusive rights over living aquatic resources compared with previous arrangements.

 

The Convention Does Not Determine Each Country’s Share of the Caspian

One of the most frequently discussed issues regarding the Caspian Sea is the share of its seabed and subsoil resources allocated to each littoral state. However, the convention does not establish a specific percentage or territorial share for any country. Instead, it leaves the delimitation of the seabed and subsoil to future bilateral and trilateral agreements among the neighboring states.

 

According to the convention, seabed and subsoil delimitation is to be carried out on the basis of generally recognized principles of international law and through separate agreements between the relevant littoral states.

 

Consequently, implementation of the convention by itself would not alter Iran’s share of the Caspian’s oil and gas resources. The delimitation of maritime boundaries, fishing zones, seabed and subsoil between Iran and its neighboring Caspian states remains subject to separate negotiations.

 

Recognition of Iran’s Special Coastal Conditions

Another important issue addressed during the negotiations was the determination of baseline points in the Caspian Sea. Because of geographical differences among the littoral states, including the particular configuration of Iran’s coastline, the issue became a sensitive part of the negotiations.

 

Ultimately, the parties agreed to address the determination of baselines through a separate agreement. The convention also recognizes the need to take into account the circumstances of states whose coastlines present unfavorable geographical conditions when determining baselines.

 

Economic, Environmental and Security Cooperation

The Caspian Sea convention covers a broad range of regional cooperation beyond legal and security issues. Environmental protection, combating marine pollution, managing living resources, scientific research, preventing illegal fishing and facilitating maritime transportation are among its main areas of focus.

 

The littoral states have also committed to cooperation against threats including international terrorism, drug trafficking, arms smuggling and other forms of organized crime.

 

In the field of energy transportation, the convention allows for the construction of pipelines and cables across the seabed and subsoil of the Caspian, while requiring compliance with environmental standards and environmental impact assessments for relevant projects.

 

Implementation as a Step Toward Preventing a Legal Vacuum

The other four Caspian littoral states have ratified the convention through their national legislatures, while its full entry into force requires ratification by Iran as well.

 

Some experts argue that the continued absence of a fully operational common legal framework could create room for competing interpretations and potentially increase the role of actors from outside the region. By contrast, implementation of the convention could provide a structured mechanism for managing disputes, strengthening regional cooperation and consolidating security in the Caspian Sea.

 

At the same time, ratification of the convention would not resolve all outstanding issues surrounding the Caspian Sea. Rather, it could mark the beginning of a new phase of specialized negotiations, the drafting of supplementary agreements and the implementation of commitments undertaken by the five littoral states.