Bilateral Delimitation of the Caspian Sea and the Exclusion of Third Parties

• Published in: The international journal of marine and coastal law Vol. 26; no. 1; pp. 47 - 58
• Main Author: Bantekas, Ilias
• Format: Journal Article
• Language: English
• Published: The Netherlands BRILL 01.01.2011
• Subjects: bilateralism; Capitalists and financiers; Caspian Sea; Coastal zone management; Conventions; delimitation; International law; Investors; Kazakhstan; Legal status, laws, etc; Maritime law; Pipelines; Sui generis; Third parties (Law); Treaties; Water; KAZAKHSTAN
• ISSN: 0927-3522; 1571-8085
• DOI: 10.1163/157180811X541396

This article discusses the position of the littoral States of the body of water known as the Caspian Sea (hereinafter 'the Caspian'), particularly on the basis of their numerous bilateral treaties and unilateral statements of action, with respect to the legal status and sui generis regimes of the Caspian. It is argued that these States have excluded the possibility that the Caspian be equated for legal purposes to a sea, but they have, nonetheless, employed legal formulae borrowed from the international law of the sea in order to delimit their respective maritime zones and other entitlements. The ambit of these rights is sketchy and they do not conclusively cover the entirety of inter-State relations in the Caspian. There is an urgent need for the adoption of a multilateral convention in order to remedy these gaps, if for no other reason than for the sake of investor confidence and the avoidance of future disputes.