The points of international law, Caspian Sea, are closed seas deprived of continental shelf? Legal Issues
The points of international law, Caspian Sea, are closed seas deprived of continental shelf?
International Institute of Khazar Studies (IIKSS) – Perhaps it is futile to argue that the nature of the Caspian is sea or lake and is closed sea or enclosed sea. Even the Law of the Sea Convention 1982 allows countries with a closed and semi-closed sea to determine the legal regime governing them. Therefore, it can be said that from the point of view of this convention it is not necessary to limit the continental shelf to sea.
The Convention on the Continental Shelf, 1958 in accordance with Article 6, considers the delimitation of the continental shelf to be subject to the agreements and treaties concluded by the parties, and, in the absence of an agreement, it considers the bisecting line to be the basis for delimitation.
No conventions, no procedures and no treaties limit the continental shelf to enclosed seas, semi-enclosed seas and oceans.
The Caspian Sea has naturally intertwined geographical continental shelf.
The Caspian Sea water is salty, very deep, common among several countries and is connected with the Black Sea through the Volga River.
The International Court of Justice, in numerous decisions, without mentioning that the equity principle limit to continental shelf of the enclosed and semi-enclosed seas, considers the determination of the legal status of the continental shelf and its delimitation in straight connection with the equity principle and achievement of fair results, which derives from customary international law.
The Court considers the delimitation of the continental shelf based on the equity principle as a rule of the rules of customary international law, which is based on Truman's theory.
The continental shelf referred to as the continuation of the land in the sea, which may be created in enclosed or semi-enclosed seas, or even in a closed sea such as the Caspian Sea.
as a result:
There is no evidence of a lack of legal continental shelf in the closed seas. The Caspian Sea also will not be excluded from this conclusion.
Author - Maysam Araee Daronkola - member of the faculty of the University Payame Noor and the director of the International Institute of Khazar Sea Studies (IIKSS), PhD of public international law
Translator: Mohsen Hamidi - expert on Central Asia and Caucasus, translator of Russian language and member of the Scientific Council of the International Institute of Khazar Sea Studies (IIKSS)