CONDITIONS FOR THE APPLICATION OF INTERNATIONAL AGREEMENTS ON THE LAW OF THE SEA TO THE CASPIAN SEA
DOI:
https://doi.org/10.52026/2788-5291_2021_67_4_87Keywords:
closed sea, international lake, international treaty, maritime lawAbstract
At the V Summit in Aktau (Republic of Kazakhstan) on August 12, 2018, five Caspian littoral States adopted the Convention on the Legal Status of the Caspian Sea. But the main issue that the Caspian states have not been able to solve since 1992 has not been resolved in the text of the Convention, namely, it is not defined – is the Caspian a closed sea or an international lake? This does not allow the Caspian countries to apply the norms of international maritime law and the practice of international lakes that have been formed for a long time to the waters of the Caspian Sea. The article substantiates the conclusion that the conditions for the application of international agreements on the law of the sea to the Caspian Sea depend on the general consent of all Caspian states, since the definition formulated in article 1 of the Convention on the Legal Status of the Caspian Sea does not allow classifying it as a sea or lake. The establishment of a clear legal definition of the concept of the Caspian Sea in article 1 of the 2018 Convention would create conditions for the Parties to move to a practical solution of the issue on the basis of legal norms developed by the international community. In Kazakhstan, many state bodies of the country often justify the applicability of international agreements on the law of the sea to the marine area of the Caspian Sea. However, Kazakhstan cannot unilaterally apply its provisions to the Caspian Sea, as the authorized bodies of the country want, since the consent of the other 4 Caspian countries is required.
In the presented article, the author substantiates the conclusion of a separate regional agreement of the Caspian countries on the applicability of the provisions of international maritime law to the marine area of the Caspian Sea. To do this, it is necessary to consolidate in article 1 of the Convention the provision that the Caspian is not only a body of water (a broader concept), but to recognize it as a closed sea, since uncertainty does not allow efficient use of the marine resources of the Caspian Sea and does not allow transit by all means of transport and access to other seas and oceans, enshrined in a number of universal international treaties.At the V summit in Aktau (Republic of Kazakhstan) on August 12, 2018, the five Caspian states adopted the Convention on the Legal Status of the Caspian Sea. But the main question that the Caspian states have not been able to resolve since 1992 has not been resolved in the text of the Convention, namely, it is not defined - is the Caspian an enclosed sea or an international lake? This does not allow the Caspian countries to apply the norms of international maritime law and practice of international lakes that have been formed for a long time to the Caspian water area.