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Caspian Sea Legal Status
Before the collapse of the Soviet Union, the Caspian Sea was shared solely between
Iran and the Soviet Union. However, following their declarations of independence,
three of the newly formed states asserted their claims to a share of its waters. The
legal status of the Caspian Sea was thus solved by a series of agreements on issues
such as shipping and fisheries. However, there remains much to dispute. For example, provisions surrounding the prevention of pollution and environmental protection are not included in any signed agreements. In economic terms, the crucial bone
of contention lies below the seabed regarding possession—and issue frustrated by
the uncertain boundaries stretching across the waters. With Iran no longer recognizing treaties with the now-defunct Soviet Union, the debate is likely to continue,
stalling progress for all involved. This is based on the idea that the Caspian Sea, a
maritime area common to these countries and therefore is indivisible (www.irdiplomacy.ir 2016).
The fact that there is no border in the Caspian Sea by Yu Sheng (Sheng yu) is
emphasized. The lawyer writes: “Almost all Treaties made by the border lakes
between coastal states, have been delimited, except Kntns Sea (Lake Contance) and
the Caspian Sea.” In general, topics that are not covered by agreements, usually
diplomatic channels and by the coastal state is resolved. The major three agreements between Iran and the former Soviet Union, which include provisions that
describe the Caspian Sea legal regime. These three agreements are as follows:
1. The Treaty of Friendship 1921—1921 Agreement
2. Establish Shipping & Trading Agreement 1935—Agreement 1935
3. Agreement on shipping and trade 1940—1940 Agreement
5-1-essentially, two recent agreements similar provisions are included to the
extent that it is related to the Caspian Sea. Sailing regime by agreements in 1921,
1935, and 1940 between Iran and the former Soviet Union is expressed in Article 11
right of navigation in the Caspian Sea Agreement 1921 by the two countries is recognized. It also requires, among other things:
“… members of the contract, you hereby consent to declare that since the signing of the
treaty—26 February 1921—free shipping vessels both parties have equal rights in the
Caspian Sea are based on the flags.” (www.irdiplomacy.ir 2016) For this reason, in 2003 the
three countries Russia, Kazakhstan and Azerbaijan, using the political weakness of the
international community and the issues arising from the start of the nuclear crisis, an agreement Tripartite PSA Caspian Sea was signed by practically 64 percent of the Caspian environment in which the rule was. In the meantime, Azerbaijan with the support of America
and the provisions of the exploration and exploitation of oil and gas, virtually to dominate
much of the sea and declared sovereignty over them, and exploitation of oil and gas also
began. (www.mashreghnews.ir 2016)
Today, the Caspian is shared grudgingly among Russia, Iran, Azerbaijan,
Kazakhstan, and Turkmenistan. The maritime-boundaries issue is a thorn in the side
of Iranian and Azerbaijani diplomats as they seek to foster more ties in the two
countries’ energy relations. Both nations maintain conflicting claims over offshore
3 International Context of the New Era and the Caspian Sea Region
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