Issues and Legal Status of Caspian Sea

1. ENVIRONMENTAL LAW
ISSUES AND LEGAL STATUS
OF
CASPIAN SEA
SULTAN ERBAŞ

2. OUTLINE
 Geographic and General Information
 Issues and Threats
 Caspian Sea’s Legal Status
 Sea or Lake ?
 Caspian Environment Programme
 The Framework Convention for the Marine
Environment of the Caspian Sea

3. Geographical and General
Information
 Caspian Sea, largest inland body of water in
the world
 Littoral States: Azerbaijan, Islamic Republic of
Iran, Kazakhistan, Russian Federation and
Turkmenistan
 Lenght of Coastline: 7000 km (Stolberg et al
2003) (equivalent of the size of Japan)
 Caspian Coastal Population: approximately 16
million
UN Regional Sea Programme, Independent Prog,
Caspian Sea, Regional Profile

4. Geographical and General
Information
 The water level, is currently about 26.5-27 m
below the Baltic Sea level. The level has
fluctuated from 6- 7 m during the past few
centuries.
 Historically, the sea accounted more than 90%
of world sturgeon and caviar output.
 It has abundant oil and gas deposits and they
are exploited both on- and off-shore
Jafari, December 2009

5. Geographical and General
Information
 The total lenght of the Caspian shoreline is about
7,000 m.
 The average depth is 180 m, max depth is 1,025
m. Morphologically, the CS divided into 3 main
parts;
 Very shallow northen part with depths not exceeding 10 m
 Middlle part with an average depth of 170, max depth of 790
 The deepest southern part, average 325 and max depth of
1,025
F. Nadim et al, 2006

6. Issues and Threats of Caspian
Sea
There are three major challenges;
 Water Level Fluctuations on Coastal
 Decline in Biodiversity
 Water Pollution

7. Issues and Threats of Caspian Sea
Changes in Water Level
 The water balance is dominated by river
runoffs and rainfalls(incoming part),
evaporation and water outflow to Kara-Bogaz-
Gol(outgoing part).
 The Kara-Bogaz Gol, largest lagoon in the
world

8. Issues and Threats of Caspian Sea
Changes in Water Level
 Except for the three areas
(Northern, Middle and
Southern), the fourth
distinguished in the Caspian
Sea is a shallow gulf, Kara-
Bogaz-Gol, with max
depths<10m.
 The role of the gulf, water
balance of the Caspian
 Lower than the level of sea
about by 3-4 meters
 This gulf constantly «drinks»
the water of the Caspian
N. Aladin , I.
Plotnikov, 2004

9. Issues and Threats of Caspian Sea
Changes in Water Level
 The highest level of the
Caspian Sea, 1896
- approximately 25 m below
the MSL (sea level)
 The lowest in the 20th
century 1977 -29.03 m
 However Caspian stabilized
in 1995 at the level of -
26.61 m, during subsequent
years the level fell by several
centimeters each year.
 At the moment the sea level
is around -26.5 m below the
MSL (Caspian Env. Prog.)
N. Aladin , I. Plotnikov, 2004

10. Issues and Threats of Caspian Sea
Changes in Water Level
 Reason:
 Climate changes,
 inhibited evaporation from Caspian Sea due to oil
pollution, diversion of water from outside of the
Caspian Sea watershed,
 the green house effect and
 the melting of the polar ice may have been
responsible for water level fluctuations

11. Issues and Threats of Caspian Sea
Changes in Water Level
 Results:
 The sea level rise has resulted in significat economic,
health and environmental damage to Azerbaijan and
Dagestan
 Communities in affected areas have suffered from
increased humidity and dampness
 Drinking water quality has deterioted due to the salt
water intrusion
 Communications infrastructure has been significantly
damaged
 Flooded agricultural lands and damage to fish
processing industries have deepened unemployment
and poverty
N.

12. Issues and Threats of Caspian Sea
Water Pollution
 Sources are industrial, agricultural and
accidental discharges and sewage ;
 Oil field and industrial discharges from the Baku
and Sumgait facilities and with Kura discharges
 Turkmenbashi oil refinery and Cheleken oil fields
 Kazakhstan, not so significant. Pollutants mainly
come from flooded oil fields and the Ural river
discharges.
N. Aladin , I. Plotnikov, 2004

13. Issues and Threats of Caspian Sea
Water Pollution
 The main pollution outcome comes from the Volga
whose input contains discharges from other
sources that not accumulate in reservoirs and its
delta.
 The extensive development of the Volga River has
made major contributions to the Russian economy
but,
 Flowing through large industrial sections of
Russia, Volga is one of the most polluted rivers in
the world.
F. Nadim et al, 2006

14. Issues and Threats of Caspian Sea
Water Pollution
 Water pollution in the rivers flowing into the
Caspian Sea is slowly diminishing its highly
sensitive marine life.
 The Caspian Sea threaten the existence of the
rare sturgeon and fresh water seals that live
there. Since the year of 2000, thousands of
Caspian seals have died due to pollution that
weakened their immune systems. (F. Nadim et
al. 2006)

15. Issues and Threats of Caspian Sea
Decline in Biodiversity
 The isolation of the Caspian basin for over two million years
and its climatic and salinity gradients has created a unique
ecological system with more than 400 species endemic to the
Caspian Sea. There are 115 species of fish, of which some
are anadromous migrating from the Caspian up the rivers to
spawn. The Caspian sturgeon and the rare fresh water seal
are among the most famous species indigenous to the
Caspian.
 the sea accounted more than 90% of world sturgeon and
caviar output.
Tehran Convention, Caspian Sea Region

16. Issues and Threats of Caspian Sea
Decline in Biodiversity
 Fishing and criminal fishing- poaching- is the
main threat to the biodiversity of sturgeon.
 Zander Fish disappered due to massive
catches in Azerbaijan and Turkmenistan.
N. Aladin , I. Plotnikov,
2004

17. Issues and Threats of Caspian Sea
Decline in Biodiversity
 Toxic impact on fish not cause death of fish but
the deteriotion of their physiological condition,
feeding, reproduction and other life processes.
 Higher concentration of oil (up to 15 MPC) and its
derivatives reduce the growth and development
rate, fertility, reproduction capacity.
N. Aladin , I. Plotnikov, 2004

18. Legal Status of the Caspian
Sea
SEA OR LAKE ?
 It depends on the interests of littoral states.
 With an estimated 50-200 barrels of oil
reserves, it is projected that the Caspian Sea
is the third largest oil reservoir of the world.
(Caspian Environment, 2003)

19. Legal Status of the Caspian
Sea
 In a commentary made by the International Law Commision on
Article 26 of the 1956 draft Convention on the Law of Sea, Part II
(the high seas), some large water bodies, entirely surrounded by
dry land were regarded as «lakes» others as «seas».
 In international practice, countries do not divide the sea into national
sectors, seas are considered common ground.
 The Caspian Sea is connected to the Black Sea through a
navigable channel(the Don-Volga River) and system of shipping
locks.
 The Caspian Sea may have to be considered as a transboundary
lake and not as a Sea
F. Nadim et al.
2006

20. SEA or LAKE?
The Seabed can be divided in the following three ways
Open Sea: UNCLOS, coastal states can have full sovereignty in 12 nm
of territorial waters and additional 200 miles of economic zone into sea
which can exploit all natural resources but with less sovereign rights
Closed Basin: coastal states have full sovereign rights in a 20 miles-
coastal zone and additional 20 miles economic zone, exploit all natural
resources but their sovereign rights less
Transboundary Lake: Using «median line» and the extention of the
boundaries method, the sea is divided into national sectors that meet
in the middle of the sea with full sovereignty within their national
sector
F.
Nadim et al. 2006

21. SEA or LAKE?
Russia, Azerbaijan and
Kazakhstan favor dividing the
seabed into national
sectors(transboundary lake)
according to a proposed modified
median line(MML) method
Turkmenistan is generally in agree
with dividing the seabed as a
transboundary lake but wants the
borderline to be located in the
center of the sea where some of
the most prospective oil and
natural gas reserves lie beneath
the Caspian seabed
Iran suggesting either a consortium
approach to developmen t(closed
basin), where the Caspian oil
resources would be developed
jointly by all nations, or owing 20%
share of the oil resources (dividing
the sea into five equal sectors
If it is considered as Lake If it is considered as Sea

22. SEA or LAKE?
 Treaty of Friendship between Iran and the Soviet
government, 1921
 Treaty of Commerce and Navigation between Iran and
the Soviet Union, 1940
 Caspian surface and seabed boundary lines between
two were neither determined nor mentioned in the both
treaties.
 Only clear expression mentioned in the Treaty of 1940
was that Caspian Sea was regarded as a Soviet and
Iranian Sea.
F Nadim et al. 2006

23. SEA or LAKE?
 Until the present time, there is not an overall agreement
between the five Caspian sea on the use of the sea’s
resources.
 In May 2003, Russia, Azerbaijan and Kazakhstan divided the
northern 64% of the Caspian region into three unequal parts
using the median line method (Kazakhstan 27%, Russia19%,
Azerbaijan18%)
 Iran and Turkmenistan refused to sign the agreement of 2003
because it does not meet their demands.
F. Nadim et al. 2006

24. THE CASPIAN ENVIRONMENTAL
PROGRAMME (CEP)
 The only intergovermental body that includes all
Caspian states is the Caspian Environmental
Programme.
 It started its activities in 1998 with the initial funding of
16 million dollars from international agencies with the
goal of protecting the Caspian Marine Environment
 Pollution Monitoring , Integrated Coastal Area
Management, and Water Level Fluctuation Centers
are among the centers established by CEP
F. Nadim et al. 2006

25. THE CASPIAN ENVIRONMENTAL
PROGRAMME (CEP)
 CEP’s main goal;
 Sustainable development of the Caspian environment,
including living resources and water quality
 Protecting human health and ecological integrity for the
sake of future generations.
 CEP’s mission to assist the Caspian littoral states to
achieve the goal of environmentally sustainable
development and management of the Caspian
environmet for the sake of long-term benefit for the
Caspian inhabitants.
UN Regional Sea Programme, Independent Prog, Caspian Sea,
Regional Profile

26. Tehran Convention
 Framework Convention for the Protection of
the Environment of the Caspian Sea.
 Signed: November 2003
 Contracting Parties: (5) Azerbaijan, Islamic
Republic of Iran, Republic of Kazakhstan,
Russian Federation and Turkmenistan

27. The Framework Convention for the
Protection of the Marine
Environment of the Caspian Sea
 The Framework Convention for the Protection of the Marine
Environment of the Caspian Sea, also known as the Tehran
Convention
 aims at protecting the Caspian Sea from pollution and at
safeguarding its biological resources for present and future
generations.
 Adopted and signed in 2003, it entered into force in August 2006.
 The Convention is the first regional legally binding agreement
signed and ratified by all the five Caspian littoral states.
UNEP in Caspian

28. The Framework Convention for the
Protection of the Marine
Environment of the Caspian Sea
 In the framework of the Convention, four ancillary Protocols have
been developed on the thematic priority areas of
 environmental impact assessment in a transboundary context,
 protection against pollution from land-based sources and activities,
 conservation of biological diversity and preparedness and
 joint response towards oil spill incidents.
 As the first out of the four, the Aktau Protocol on Regional
Preparedness, Response and Cooperation in Combating Oil
Pollution Incidents was adopted and signed by the Caspian littoral
States at COP3 in Aktau, Kazakhstan in August 2011.
 The other three Protocols are close to being finalized and are
expected to be adopted and signed at COP4 in Russian Federation
UNEP in Caspian

29. Thank you !