The Legal Status Of The Caspian Sea And Its Exploitation Regime

Notwithstanding many physical similarities with maritime basins (among which its salt water and the existence of a continental shelf), the Caspian Sea is under a juridical point of view an international lake. As a matter of fact, it hasn't the direct connection with the oceans necessary for the application of the international law of the sea.

According to international law the main difference between seas and lakes lies in the fact that, while sea waters surround the continents, keeping distinct, lake waters are surrounded by States territories in a way that they are attracted by those territories in the sovereignty of the respective States. This distinction is based on the fact that the real purpose of international law is not so much the ruling of spaces in them, rather than of the possible activities in the same spaces.

Hence, as for the seas the predominant principles are the freedom of international traffic and of the exploitation of the high sea resources, common heritage of the human race. To enforce these principles the maritime spaces delimitation systems set strong limits to the sovereign claims of coastal States. The recognition of a territorial water belt is therefore an exception due to their accessory nature in respect of the littoral territory.

On the contrary, the same attention for human activities implies that in lakes prevail the exigencies of territorial security and self-preservation. The consequence is that in lakes the accessory nature extends to the entire basin. So, if there is more than one littoral State, as it is in the case of the Caspian Sea, the problem is to reconcile the concurrent interests of those States.

Unlike the international law of the sea, however, there isn't any general codification regarding specifically the lakes surrounded by more States. At the same time, there isn't a uniform States practice on the delimitation and on the exploitation of such lakes. The extreme peculiarity of any single lake involves that the legal regime differs consistently from lake to lake, being based above all upon specific treaties between the littoral countries. In particular, on the delimitation have a great influence the existence of historical titles, the political relationships between the coastal States and the economic needs. Nevertheless, among the many treaties signed by the littoral States of international lakes, we can identify, if not yet rules of general international law, at least some tendencies to which it would be suitable to conform the new legal regime of the Caspian Sea.

As for the boundary delimitation is concerned, the actual States practice is clearly turned to the recognition of the right of each littoral State to have full sovereignty over a part of the lake. As a matter of fact, almost all international lakes have been divided by treaty between the littoral States. Even if we can still discuss on the consolidation of the opinio juris regarding the practice of dividing up international lakes, it is certain that there aren't explicit approvals of the condominium statute, without a specific agreement in that sense. Furthermore, while the lack of agreement about the method of delimitation keeps latent the claims of the neighbouring States, as it happens now for the Caspian Sea, the creation of a condominium makes difficult to determine the rights and duties of each coastal State. So, both the situations represent dangerous threats to international peace and security. Nowadays, States practice is in fact favourable to the conclusion of treaties on the common and co-ordinate enhancement of lake basins, made necessary by the strong unitariness of such spaces, respecting, in any case, the territorial sovereignty of the littoral countries over them.

The unitariness of lakes, at the same time, calls for mutual sovereignty restraint to make the exercise of the traditional lacustrine activities possible, i. e. navigation and fishing. In this connection, the majority of conventions grant freedom of navigation over the whole lake, even if in different ways, to the citizens of the coastal States. This freedom is rendered effective through the application of the equal treatment principle. The only substantial limit is the reservation of cabotage in favour of the ships of each interested State. Furthermore, the actual tendencies opt for granting freedom of navigation also to the citizens of third States when the lake is connected with a river system of international importance, in order to favour international trade and traffic. This is in fact the case of the Caspian Sea, connected with the open sea through the Volga River system, completed by some artificial canals. As for fishing is concerned, instead, States practice is divided between a general regime of freedom and a regime limiting fishing rights to one's own respective national sector. The second solution is, however, more followed than the first, both in the absence of agreement and in the treaty practice. In any case, the big dimensions of a stagnant water basin, such as the Caspian Sea, create a unitary and independent geographic environment asking for common actions in order to preserve fish resources.

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