Caspian Sea status still undecided

By Nigar Orujova

Caspian states have managed to come together to discuss the legal status of the sea at the meeting of deputy foreign ministers in Ashkhabad, Turkmenistan on January 27-29, however a single approach for the problem-solving still seems far.

The legal status of the Caspian Sea is a cause of dispute for five littoral states – Azerbaijan, Russia, Kazakhstan, Turkmenistan and Iran – for over 20 years. While Azerbaijan, Russia and Kazakhstan have come to consensus, Turkmenistan and Iran are still disputing on their share, which affects other countries and the sea in general.

Significant progress, achieved in drafting a convention on the legal status of the Caspian Sea in September 2014, has provided legal basis for the joint implementation of comprehensive measures. However, the further advance is still open to question.

The 43^rd meeting of the ad hoc working group on the convention of the legal status of the Caspian Sea at the level of deputy foreign ministers of the Caspian states was marked with some advance in the long lasting discussions.

The agenda of the Ashkhabad meeting included a range of issues, including the conservation and protection of aquatic biological resources of the Caspian Sea, which today are of particular concern to all coastal states. The challenging ecological situation in the Caspian Sea is one of the first reasons to accelerate solution of the issue.

The Ashgabat meeting was another technical event, which is followed by the meeting of political leaders, where actual decisions may be reached. Therefore, the adoption of final decisions was not an issue in Turkmenistan.

The difficulty of determining the status of the Caspian Sea is mainly linked with recognition it as lake or sea, delimitation of which is governed by different provisions of international law, as well as issues on navigation.

Azerbaijan that has the smallest coastline of the Caspian Sea supports defining the Caspian Sea legal status based on the sovereign rights of the littoral states, a mutually beneficial partnership, and peaceful negotiations.

Iran is not satisfied with a coastline of 12 miles that it owns juridically in the Caspian. Meanwhile, Turkmenistan and Azerbaijan have an unresolved issue with the offshore oilfields. All these restrained the littoral countries to come to a single opinion.

However, today, when Iran got rid of the western sanctions, it will be interested to invest in developing its part of the Caspian Sea, and this may promote discussions to the new level.

Turkmenistan was also quite active in the debates, stating its support to diversifying trade and economic relations between the littoral states and full realization of the huge natural resources, energy, industrial, transport and transit potential.

The Caspian region recognized as one of the fastest growing geopolitical and economic centers of Eurasia today plays significant part in major transportation projects connecting Europe with Asia. Meanwhile, the region shattered by the low oil prices needs to find a worthy substitute, and turning into transportation hub seems to be an advantageous alternative.

Turkmenistan considers it appropriate to develop a draft agreement on cooperation in the field of transport in the Caspian Sea and create the Caspian Sea regional transport and logistics center, according to the Turkmen government.

Azerbaijan, Ukraine, Georgia, Kazakhstan and China are already involved into the Trans-Caspian International Transport Route, which simplifies transportation a lot.

In the run up to the meeting Ashgabad also welcomed Russian foreign minister who said that Russia and Turkmenistan hold virtually identical approaches on the Caspian Sea. However, Russia has nothing to share with Turkmenistan, and should better prompt Turkmenistan and Iran to find solution of the pressing issue as soon as possible.