The Caspian Sea does not need to regulate its legal regime in accordance with the current political situation

Publish Year: 1399
نوع سند: مقاله کنفرانسی
زبان: English
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IHTF02_068

تاریخ نمایه سازی: 24 آبان 1399

Abstract:

According to the Public International Law and the Convention on Law of the Sea, the legal regime of lakes or seas enclosed by two or more coastal states is determined through bilateral treaties between coastal governments and the key recognized common law would be the agreement between the coastal states founded upon the principle of consensus. For example, Lake Geneva situated between France Switzerland is administered under 1816 Treaty, or the five lakes between the US and Canada are under various treaties, and the Lake Ladoga formerly between Finland and the Soviet Union is under the treaty signed in 1920 between the Soviet Union and Finland. In this respect, the vast majority of international law experts agree. The history of the Caspian Lake similarly reflects the fact that it has always been shared between Iran and Russia after stabilization of the sovereign states along the coast. This study does not intend to imply that the lake should be split up, because the equal rights would not allow any division. Effort is rather made here to prove that the Islamic Republic of Iran has a share of 50% on the Caspian Lake from south to north and from East to West, with respect to the exclusive right of fishing ten miles off the coast. The practical strategy would be to set up a regional institution for cooperation, coordination, policy development, joint exploitation of the lake resources proportionate to 50% for the Islamic Republic of Iran and 50 percent for the deputy republics and heir of the former Soviet Union. Establishment of such a regional body in the Caspian Lake has also a history of joint fishery exploitation.

Authors

Rahman Parvaresh

PhD Student, Department of political science, Faculty of Law and Political Science Allameh Tabataba’i University Tehran -Iran