109
Future issues, including the use of the sea bed and its underlying resources, are
some of the most important issues related to the Caspian Sea which its coastal countries do not agree on. For more than 10 years now, before the Caspian coastal states,
according to the agreement, Iran’s share of the Caspian Sea will be close to 13%.
Iran does not accept such a contribution and wants to increase its share to 20%
(www.bbc.com 2018).
One clear sign of this is that, in the new Convention, the maritime territory has a
sea border of 15 nautical miles, about 28 km, contrary to the legal principle of free
seas. In the free seas, all of which are under the legal system of the United Nations
1982 Convention on the Law of the Sea, the marine territory has a maximum of 12
nautical miles, and thus a transverse determination of more than 12 miles is illegal.
But in the case of the five-country-designated lake, the five countries can agree as
much as they can, and now they have agreed that the breadth of the territorial sea of
each country is 15 miles. This, to my mind, is a strong indication that the Caspian
Sea, while included in the Convention as the “Caspian Sea,” should be considered
legally as a lake (www.dw.com 2018).
In the case of the Caspian Sea, no final decision has been made, and this will lead
to the future and the conclusion of a separate treaty. Even the most important issue,
which is the matter of determining the source of the line, is also up to date. The line
of origin is very important; this is the line from which you calculate all your sea
areas. The convention states that all five countries have the right to have a territorial
sea region. The territorial sea is in fact part of the land of each country and is under
the sovereignty of the coastal state. Military is a very important area, it is the defense
area of each country (www.dw.com 2018).
The maritime sea has been set at 15 miles in the new convention. But where is
this 15 miles counted from? To calculate the territorial sea and other areas under the
sovereignty or control of the coastal state, the source should be determined. The
source code is defined in the 1982 Maritime Law. According to this definition, the
coastal country can use the so-called normal source or direct source according to the
shape and geographical coordinates of its coast.
The normal source line is used for beaches that have a regular coastline, no
impasse, and no irregular geographic phenomena, and when there are no islands
near the coast. In this case, the source line is placed at the bottom of the line at the
bottom of the tide. In plain language, the source line is more or less near the coastline, and the amount of seawater that lies behind the source to the shore is internal
water. This is the way that, as a rule, should apply to Iran (www.bbc.com 2018).
In the recent Convention of the Caspian Sea, these definitions are also accepted
from the source. But what Iran succeeds in incorporating into the convention is very
beneficial to Iran, and it is surprising that the rest of the world has accepted the
inclusion of this issue in the Convention. the direct source of each country should be
determined by agreement of all five countries, while in international law and in
accordance with the 1982 Convention, the law of the sea determines the origin of
each country. The concept of this article is that in the five-way talks of the future to
determine the source of origin, despite the bad luck of the geographical situation,
Iran is in on an equal footing with other countries, and can insist on determining the
Regional Security and Economic Organization and Projects
Précédent

- 128/295

Suivant