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CASPIAN SEA
CASPIAN SEA

THE HISTORY OF THE CASPIAN SEA


The Caspian Sea is situated on the border of Europe and Asia. It is bordered with Azerbaijan, Iran, Kazakhstan, Russia, and Turkmenistan. The Caspian is the largest inland body of water in the world.

Since the ancient times, this water basin was in the focus of attention of famous travellers, scientists and state officials for its beauty, magic and enigmatic world.

Experts consider that during the Triassic period which covered 30 thousand years in the beginning of the Mesozoic era the land dominated the earth and seas appeared during to the flood. The sea which was called the Tetis in the scientific literature was surrounded from one side by Spain and from the other side it extended till the Zond islands. However, the sand and limestone sediments, accumulated through a long period of time promoted the formation of a land in late Mesozoic era that lasted for 70 million years in the Cretaceous period. The process did not stop at that stage and as a result the Caspian Sea gradually separated from the Black Sea. Yet the size of the lake either expanded or minimized at different periods of time. Researchers also called it the Aghzhaqyl sea which extended from Iran to the Kuybyshev city.

Though the Caspian Sea have passed different stages in its evolution, the sharp climatic changes (the icing up in Europe, Asia and North America and the period of melting) caused constant changes in its area. It's possible to speak on different names of the Caspian Sea on the basis of the theories and thoughts of scientists and travellers, engaged in the exploration of the Caspian Sea. Some sources point out 40 names of the sea, others 100 of them. The said names were attaches to the sea depending on the countries, provinces and states which situated on the Caspian seashore and in these connection it is possible to point out such names as the Hirkan, Abeskun, Khazar, Khvalynsk, Kaspi, Pontik, Kimmerik, Sarmat, Khorasan, Tabasaran, Mazandaran, Goy, Aghdeniz, Rus, Baku, Derbend and other names. Among them only the Caspian sea and Khazar received the geographical and historical status and survived up to the present times.

The ancient Greek geographer and historian Hekatey Miletli (6-5th centuries B.C.) first spoke on the Caspian Sea and called it the oceanic basin or the Hirkan sea. Soviet historian L.A.Yelnski analyzed the geographical views of Hekatey and his contemporaries and came to a conclusion that the scientists of that period considered all seas, except for the Mediterranean Sea, to be closed. Yet the connection of the Red and Arabian Sea with ocean was discovered in the times of Herodotus. It's obvious that Herodotus spoke against the application of views on one of seas to others. Therefore, he pointed out that the Caspian Sea was not communicated with the ocean. It was proposed to attach the status of the lake to the Caspian Sea in the 5-6th centuries. At the same time, opposition theories also existed. Ptolemy who lived in the 2nd century B.C. also confirmed Herodotus's view. In the times when the commander Macedonian Alexander stayed at the banks of Syrdarya (at that time the Caspian and Azov Sea were not separated from each other) the allies of Alexander considered the Syrdarya to flow into the Caspian Sea and the Don river into the Sea of Azov and the Caspian Sea and the Azov Sea join each other. Great philosopher Aristotle also protected the idea of the Caspian Sea isolation. Yet it is not possible to say the reason he ruled out the Caspian Sea's underground communication with the Black Sea.

According to the information of Flavius Arrian who lived in the 4th century B.C. the Macedonian Alexander instructed Patrokka to investigate the matter of the Caspian Sea's communication with the north and east oceans to put an end to the conflict on the matter and later he entrusted it to Heraclites to establish a maritime fleet in the south for examination of the seashore. Yet the settlement of the matter was delayed to forty years. The task was fulfilled by one of Alexander's heir Selevk Nikator.

In 285-280 B.C. the Hirkan ruler ordered Partocle to travel all about the sea to study the nature of the Caspian Sea, that is whether it communicates with any other seas and with which of them it communicates. Partocle was the educated state official and scientist of that rime. Yet he drew out a very strange conclusion in his work devoted to his journey around the sea. The researcher Seyran Veliyev wrote that according to Patrocle the Caspian Sea is communicated with the north ocean. The researcher did not elaborate on the reason for such a conclusion due to the absence of the work. Yet the scientific literature contains quite opposite views. Some scientists consider that Patrocle regarded the road leading to the Garaboghaz-Gol gulf to be the strait to the north ocean, others explained the view with the fact that the peninsula that expanded till Mangyshlag turned to the north thus proposing the beginning of the ocean and some scientists write that Partocle took the Volga as a strait leading to the ocean.

L.A.Yelnsky analyzed these facts and pointed out that Patrocle sailed only till the Absheron peninsula of the Caspian Sea as he considered the other part of to be the North Sea. Thus, though ancient people considered the Caspian Sea to communicate with the ocean, Ptolemy stated the isolation of the Caspian Sea on the basis of old and new information in the 2nd century B.C. The victory of the view was possible only within a century after that. Later a number of scientists also considered the Caspian Sea to be part of the ocean. It should be mentioned that the lake nature of the Caspian Sea and its isolation from any ocean was confirmed only after a struggle which lasted for over 2 thousand years. It's not possible to compare the Caspian Sea with the Black, Baltic and other seas.

On the whole, the information about the Caspian Sea was mostly provided by Greek authors (Hekarey, Herodotus, Erotosfen, Strabon, Ptolemy and others), Arabian scientists, familiarized with the views of Greek authors (Yagut Hemevi, Zakariyye Gazvini, Abul Fida, Istekhri, Idrisi) and later, Persian, Turkish, European and Russia travelers (I.F.Seymanov, Q.V.Abikh, N.N.Andrusov and others). Masudi that lived in the 10th century provided information about Russia vessels sailing in the Caspian Sea and oil extracted in Baku. Arabian thinkers Istekhri and Idrisi pointed out the isolation of the Caspian Sea in the 900s B.S. Istekhri wrote: "It is possible to return to the initial position if one leaves from one point and moves along the coastline of the Caspian Sea".

The history of the Caspian oil states that Macedonian Alexander, initiating a war with Iran in 331 lightened the tent he lived in with oil burnt in the clayey dishes brought by the people living along the Caspian Sea shore. The Sea was called Khazar since the 15th century and its first map was drawn in 1616-1617. The wider exploration of the Caspian Sea was conducted by Russians by the instruction of Peter the Great in the 18th century, and a new map was drawn in 1717. The expedition of A.Berkovich-Cherkassky sailed to the eastern shore of the Caspian Sea and gathered information about it by the instruction of Peter the Great. I.F.Soymonov conducted the analysis of the Caspian Sea in the 1720s and a general map was drawn in 1731. I.V.Tokmachyov and M.I. Voynovich made a great contribution to the exploration of the Caspian Sea in the second half of the 19th century. Kolodkin for the first time worked out the compass picture of the Caspian coastline in early 19th century. This work was continued under the control of the counter-admiral I.Ivasintsev in mid 19th century. The work of the expedition lasted till 1856 and two volume atlas on the Astrakhan-Baku-Ashurada "the brief hydrographic description and the guidance to the sail in the Caspian Sea" was issued as a result of the expedition in 1874.

P.S.Kollas, K.M.Ber, Q.V.Abikh, E.X.Lents, N.I.Andrusov and others undertook steps to study the natural conditions of the Caspian Sea and the officials of the Baku customs office and the Caspian hydro-meteorological department made a great contribution to this process. An expedition led by I.M. Knipovich carried out various operations in the Caspian Sea in 1904-1912-1915. Beginning from the early 20th century soviet geologists I.M.Qubkin, B.A.Appolov, K.P.Voskresenski and Azerbaijani experts K.K.Gul, E.M. Shykhlinski, A.Q.Qasymov, M.I.Abakorov, A.I.Khalilov and other conducted valuable investigations concerning the Caspian Sea. Azerbaijani scientists mainly started the investigation of the Caspian Sea in 1947.

The Caspian Sea, which was of great economic and political importance became the object of Russia's interest sin the 18th century. Russia and Iran used the sea basin freely after the occupation of Azerbaijan in the 1830s. The geological history of the Caspian Sea, its oil and gas fields and biological conditions and other were studied by the Azerbaijani experts. This period is notable by wars between Russia and Iran on the control over the sea and a number of interesting points attract special attention.

The north-eastern length of the Caspian Sea is approximately 1200 km, its average width is 320 km, the length of the coastline is 6.5 thousand km (including 800 km on the territory of Azerbaijan) and its area reaches 370 thousand km2 (it was 422 thousand km2 in 1929) and it lies 28 meters below sea level. The sea accounts for nearly 50 islands and 130 rivers that flow into it. Within the last 160 years the level of the Caspian Sea hesitated between 25.2 meters (1882) and 29 meters (1977) and the decline in its level amounted to 3.8 meters and 3.2 meters with the last 100 years. As a result of the rise in the water level of 1975-1995 an area of 12.5 thousand km2 of land was flooded. At that period the area of 48450 hectares was flooded and the damage of USD 2 billion was caused to Azerbaijan.

Considering the flooded Karvansaray island of the Baku bay and the remnants of forests flooded in Lenkoran it is possible to say that in the 12-13th centuries the level of the Caspian Sea was much lower than that of the present day. The Marino-Sanuto map found on the western coast of the Caspian Sea in 1320 reads: "The sea rose by several inches a year and flooded a number of good cities". As is seen, the Caspian Sea we are speaking about has a wide history. It informs us on the great importance that has been attached to the sea through centuries. Yet, the oil which played a great role in the industry attracted attention of the regional countries. Russia's struggle in the Caucasus mainly aimed to take the control over such large basin as the Caspian Sea. Therefore, the last 150 years in the history of the Caspian Sea are rich of interesting events. 432 million tons of oil and 318 billion m3 of gas were extracted and 26 large fields were discovered through the reported period.

Russia was a leading country in the assimilation of such a great volume of reserves. Oil was for the first time in the world produced from the wells drilled in the Caspian bay in 1798-1830. Beginning from 1872 the oil giants of Europe got interested in the Baku oil Robert Nobel (1829-1896) together with Brothers Ludwig and Alfred spent 25 thousand rubles for the development of the Absheron and Caspian fields and the construction of the oil plant. Those brothers created an oil company in 1879 and the first oil vessel in the world was commissioned by the order of L.Nobel in 1877. The largest tanker in the world "Zaratustra" operated for 40 years in the Caspian Sea. Rothschilds also expressed interest in the Caspian oil and they took the second place for their oil activity. The Caspian oil was processed under the protection of Moscow and the equipment used for this purpose was gradually improving in the Soviet times. The industrial production of oil commenced in the Caspian Sea in 1949.

The Caspian oil was the most important source of incomes of the Soviet Russia in the 1950s. Q.M.Gul, the prominent Azerbaijani geographer, dealing with the exploration of the Caspian Sea wrote in the 1970s: "The reserves of the Caspian Sea are variegated. The Caspian Sea may serve the universe and supply it with everything till there is a world. Therefore, it's necessary to define the ways of rational utilization of the Caspian Sea's natural resources through the economic potential."

Yet the socioeconomic processes that occurred in the 1990s created a new turning-point in the history of the Caspian Sea and as a result of that over 10 different contracts signed between the former USSR and Iran stayed in the shadow. The region is now composed of five independent states that included the theory of the new development of the Caspian Sea into their foreign policy, turning to the internationally important matter. Therefore, the socioeconomic processes of the present-day history of the Caspian Sea are as interesting as complicated.

THE CASPIAN LEGAL STATUS


The increase in the number of the Caspian states from two to five made it necessary to revise the legal status of the Caspian Sea. The legal status of the Caspian Sea has been regulated for a long time by the bilateral contracts concluded between Russia and Iran. The first principles of the Caspian legal status were reflected in the Petersburg (1723), Resht (1731), Gulistan (1813) and Turkmenchay (1828) contracts. Yet, these documents did not contain any concept of a legal status. Russia was granted wide powers in the Caspian Sea. The legal status of the Caspian Sea was attached greater attention in the Russian-Iranian contract signed in Moscow on February 26, 1921. Article 3 of the contract states: "The borderline defined by the border commissions in 1881 is agreed upon as a water border between the two sides Iran and Russia that conducts talks on the highest level. This border must be protected and is untouchable". (It should noted, that the border, mentioned in the contract is the water border Astara-Gasanogly). The contract composed of 26 articles was singed by Georgy Chicherin from Russian side and P.Qarakhan-Memluk representing Iran. The contract "On trade, navigation and settlement" signed between Iran and USSR and one "On trade and navigation" signed in 1940 also stressed the belonging of the Caspian Sea to the USSR and Iran.

The issue of division of the Caspian Sea intro sector was for the first time raised in 1970 and the task was fulfilled by the Ministry of Oil Industry of USSR. According to the division the Caspian Sea was divided into Russia, Kazakh, Azeri, Turkmen and even the Iranian sector by the border established between the two countries. The principle of the middle line, which was subsequent from the legal and geographical state of the Caspian Sea and approved by the international legal practice was taken as the basis for the division.

Before the overthrow of the USSR the legal status of the Caspian Sea was regulated by te aforementioned agreement. To date, as the legal status of the Caspian Sea has not yet been defined the Caspian states accept the sector division adopted in 1970.

The discussions connected with the legal status of the Caspian Sea were initiated at the bilateral and multilateral meetings of the Caspian States in 1992. Thus, with the appearance of different views on the settlement of the matter of the Caspian Sea status launched the discussions of the issue that last up to the present. Later the discussions of the matter proved that each state has its own point of view on the Caspian Sea legal status that rather bases on the national interests than on the international legal standards.

As it has been mentioned previously, the matter of the Caspian status is a complicated and contradictory one therefore, it is necessary to divide the development tendency of this matter in three stages:

-the first stage-1991-1994- is characterized by the study of the problem and its discussion at the bilateral and multilateral meetings of the interested sides.

-the second stage-1995-1998-is characterized by the establishment of the definite point of views of the Caspian states on the matter and the intensification of the bilateral and multilateral meetings.

-the third stage- is characterized by the profound change in Russia's view on the legal status of the Caspian Sea. This stage is also notable for signing of bilateral agreements related to the legal status of the Caspian Sea.

First of all it should be noted that any water basin not communicated to the ocean is called a lake. This geographical statement adopted in the world fits the Caspian Sea. The second, it should be mentioned that the Soviet text-books and the Big Soviet Encyclopedia regard the Caspian Sea as the largest lake in the world.

Ant finally, the absence of a doctrine on the border lakes in the Soviet legal sciences and the development of the concept of closed seas in the international and legal doctrine of the Soviet Union caused a number of scientists to regard the Caspian Sea as a closed sea. Thus, considering all these factors, one should consider the Caspian Sea as a closed sea. The lawyer and scientist R.F.Mamedov gave the following definition to the geographical status of the Caspian Sea: "Water basins, washing the shores of two or more states and not having a natural connection with the ocean and having an independent legal status and a definite regime, determined by concrete international contracts signed between the coastline countries are considered border lakes from the international and legal point of view.

Considering all that, it is possible to substantiate the closure of the Caspian Sea and the objectivity of the division of the Caspian Sea into national sectors proposed by Azerbaijan in the following way.

-The Caspian Sea is the international border lake.

-The Caspian Sea must be divided into national sectors by the principle of a middle line.

-The division of the Caspian Sea into the national sectors bases on the working practice of the former USSR and the division of that time (according to the division adopted in 1970).

-As the division has already been implemented, the countries of the region may launch works in their sectors before the determination of the status of the Caspian states.

Iran and Turkmenistan, opposing the suggestion of Azerbaijan propose the following.

-The Caspian Sea is a unique closed water basin and is the common wealth of the Caspian states.

-The Caspian Sea must be divided among the Caspian States by the principle of 20%.

Comparing the views of Azerbaijan and Iran and Turkmenistan, it's possible to notice the contradiction in the view of the latter to the international legal standards. According to the statements of Turkmenistan and Iran the Caspian Sea is considered the unique closed water basin. Along with being abstract, the concept of the legal regime of the unique closed water basin is not used in the international law. The division of the Caspian Sea by the principle of 20% is baseless from the legal point of view and in fact it is not possible.

The support of the legal status of the Caspian Sea by the Soviet-Iranian agreements of 1921-1940 often does not coincide with the principles of these contracts. Article 3 of the contract stressed the belonging of the Caspian Sea to the Soviet Union and Iran and the issues of free sailing and fishing. It should be noted that Iran thinks it necessary to use the Caspian Sea by the principle of the condominium on the basis of the said article. Yet after the signing of the contract it became obvious that no principle of condominium was used in the utilization of the Caspian Sea. No article of the agreements stated the joint utilization of the Caspian Sea by USSR and Iran directly or by implication. This practice shows that the principle of condominium is not possible to apply in the present days.

First of all, that was due to the commencement of operation of the oil reserves in the Caspian Sea by USSR without participation and agreement of Iran. Iran did not express its dissatisfaction in any form. The division of the Caspian Sea into the national sectors was fulfilled by the resolution of the Ministry of Oil Industry in 1970. According to the division, Azerbaijan received 70 thousand km2 of the Caspian Sea, Turkmentistan-80 thousand km2, Russia -60 thousand km2, Kazakhstan-105 thousand km2 and Iran-55 thousand km2, The division was introduced to Iran and its topographic map was sent to Teheran. At that period Iran also did not oppose the division.

At the same time it should be noted that the agreements between USSR and Iran regulate mainly fishing, sailing and other issues, yet they do not contain anything concerning the energy resources of the Caspian Sea and their utilization. Therefore, the legal gap existed on the development of oil and gas resources of the Caspian Sea.

The Caspian states managed to fill in the gap by the utilization of the said resources. Therefore, the determination of the status of the Caspian Sea must base on the tenets of the Caspian states experience in the development of oil and gas resources and the international legal practice.

THE CERTIFICATE ON THE LEGAL STATUS OF THE CASPIAN SEA


The Republic of Azerbaijan bases on the implementation of the traditional economic activity within the framework of the corresponding sectors on the basis of the practice of the Caspian states in the development of the Caspian Sea.

In accordance with the conceptual view of the Republic of Azerbaijan, the Caspian Sea must be divided into corresponding sectors in conformity with the jurisdiction and the sovereign rights of the Caspian states. The sector division of the Caspian Sea among the coastline states must be carried out with the consideration of the sovereign rights of the Caspian states and generally accepted principles of the international law by the principle of the middle line. All this may be reflected in a single document on the legal status of the Caspian Sea.

The matters resulting from the cooperation of the Caspian states in the issues of mutual concern may base on the principal document on the legal status, fixing the sovereign rights of each coastline state on the corresponding sector of the Caspian Sea.

The Caspian states use their sovereign rights on the basis of their practice in the development of the Caspian Sea before the adoption of a single convention on the legal status of the Caspian Sea.

A special work group of deputies Foreign Ministers was created at a session of the Foreign Minister of the Caspian States (Ashgabat, November 11-12, 1996) for application of the convention on the legal status of the Caspian Sea, considering the necessity of determination of the legal status of the Caspian Sea and its importance for the coastline states. The special work group has already held 15 sessions. The latest took place in Moscow on October 26-27 of 2004. Its next 16th session is to be held in Ashgabat.

The negotiations, consultations and exchange of views between the Caspian states revealed that though the views of the countries do not coincide completely, all of them support the idea of the division of the Caspian Sea.

The talks on the draft convention discuss the division of the Caspian Sea and the utilization of the mineral reserves by the Caspian states as well as the issues of navigation, protection of biological reserves, safety and environmental protection and other related problems.

Along with the pentalateral talks between the Caspian states, Azerbaijan also continues bilateral negotiations with Iran and Turkmenistan. The sides discuss the aspects related to the division of the ground of the Caspian Sea during the talks.

The documents signed between Russia, Azerbaijan and Kazakhstan stipulate for exclusive rights for the coastline states in the development and utilization of the mineral resources of the Caspian Sea ground divided into corresponding sectors on the basis of the principle of the middle line and in the conduction of any activity not contradicting the law.

The Caspian states have already signed the following bilateral and multilateral agreements:

-The agreement on the division of the contiguous areas of the Caspian Sea signed between Azerbaijan and Russia on September 23, 2002;

-The agreement on the division of the ground of the Caspian Sea signed between Azerbaijan and Kazakhstan on November 29, 2001 and the protocol of February 27, 2003 applied to it;

-The agreement on the division of the north part of the Caspian Sea signed between Russia and Kazakhstan on July 6, 1998 for the application of the sovereign rights in the utilization of the ground of the sea and the Protocol of May 13, 2002 applied to it;

-The agreement on the intersection point of the division of the contiguous areas of the Caspian Sea signed between Azerbaijan, Kazakhstan and Russia on May 14, 2003;

-The framework convention on the environmental protection of the Caspian Sea signed in Teheran on November 4, 2003.

The first meeting of the Caspian states on the development of the draft Protocol on the protection of the Caspian Sea from the pollution from the onshore establishments and activities of the Framework convention on the environmental protection of the Caspian Sea was held in Ashgabat on January 24-25, 2005.

Hits: 694 | Published: 12 March 2008 | Category: Caspian sea
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