On ratification of the Convention on the Legal Status of the Caspian Sea

Home / RLA / On ratification of the Convention on the Legal Status of the Caspian Sea

The Law of the Republic of Kazakhstan dated February 8, 2019 No. 222-VI SAM.

PRESS RELEASE

To ratify the Convention on the Legal Status of the Caspian Sea, signed in Aktau on August 12, 2018.

President Republic of Kazakhstan

N. NAZARBAYEV

Convention on the Legal Status of the Caspian Sea

The Parties to this Convention are the States located on the coast of the Caspian Sea - the Republic of Azerbaijan, the Islamic Republic of Iran, the Republic of Kazakhstan, the Russian Federation and Turkmenistan, hereinafter referred to as the Parties.,

Based on the principles and norms of the Charter of the United Nations and international law,

considering the climate of cooperation, good neighborliness and mutual understanding between the Parties,

Guided by the desire to deepen and expand good-neighborly relations between the Parties,

Proceeding from the fact that the Caspian Sea is of vital importance to the Parties and only they have sovereign rights over the Caspian Sea and its resources.,

Emphasizing that the resolution of issues related to the Caspian Sea is the exclusive competence of the Parties,

Recognizing the political, economic, social and cultural significance of the Caspian Sea,

Aware of their responsibility to the present and future generations for the preservation of the Caspian Sea and the sustainable development of the region,

Convinced that this Convention will contribute to the development and strengthening of cooperation between the Parties, promote the use of the Caspian Sea for peaceful purposes, the rational use of its resources, the study, protection and preservation of its natural environment,

Striving to create favorable conditions for the development of mutually beneficial economic cooperation in the Caspian Sea,

Taking into account the changes and processes that have taken place in the Caspian Sea region at the geopolitical and national levels, the existing agreements between the Parties and, in this regard, the need to improve the legal regime of the Caspian Sea,

We have agreed on the following:

Article 1

For the purposes of this Convention, the following terms mean:

The "Caspian Sea" is a body of water surrounded by the land territories of the Parties, the shores of which are mapped on 1:750,000 scale marine navigation maps of the Main Directorate of Navigation and Oceanography of the Ministry of Defense of the Russian Federation, St. Petersburg, number 31003, archived edition 17.04.1997, printed in 1998; number 31004, archived edition 04.07.1998, printed in 1999; number 31005, archived edition dated 11/16/1996, printed in 1998, certified copies of which are attached to this Convention and are an integral part of it.

A "baseline" is a line consisting of normal and straight baselines.

The "normal baseline" is the line of the average annual level of the Caspian Sea at minus 28.0 meters relative to the zero of the Kronstadt footstock of the 1977 Baltic Elevation System, located on the mainland of the Caspian state or on its islands, indicated on large-scale maps officially recognized by the Caspian state.

"Straight baselines" are straight lines connecting the corresponding points of the coast and forming a baseline in places where the coastline is winding or where there is a chain of islands along the coast and in close proximity to it.

The methodology for establishing direct baselines is determined by a separate agreement between all Parties.

If a coastal State has a coast configuration that puts it at a known disadvantage in terms of establishing internal waters, then this circumstance will be taken into account in the work on this methodology in order to achieve the agreement of all five Parties.

"Inland waters" are waters located offshore from the baselines.

"Territorial waters" is a marine belt that is subject to the sovereignty of a coastal State.

A "fishing zone" is a marine belt in which a coastal State has the exclusive right to fish for aquatic biological resources.

"Common water area" is a part of the water area located outside the fishing zones and used by all Parties.

"Sector" means areas of the seabed and subsurface delimited between the Parties for the purposes of subsurface use and other legitimate economic activities related to the development of the resources of the seabed and subsurface.

"Aquatic biological resources" - fish, shellfish, crustaceans, mammals and other types of aquatic animals and plants.

"Joint aquatic biological resources" are aquatic biological resources that are managed jointly by the Parties.

"Fishing" is any type of activity aimed at removing aquatic biological resources from their natural habitat.

"Warship" means a vessel belonging to the armed forces of one of the Parties, having external markings distinguishing such vessels of its nationality, under the command of an officer who is in the service of the Government of that Party and whose name is included in the relevant list of military personnel or an equivalent document, and having a crew subject to regular military discipline..

The "ecological system of the Caspian Sea" is the interacting components of air, water, and biological organisms, including humans, within the Caspian Sea and land affected by the proximity of the sea.

"Pollution" is the introduction by humans, directly or indirectly, of substances, organisms or energy into the ecological system of the Caspian Sea, including from land-based sources, which lead or may lead to such harmful consequences as harm to biological resources and life at sea, danger to human health, and interference with activities at sea, including fishing of aquatic biological resources and other legitimate uses of the sea, reduce the quality of seawater used and worsen recreation conditions.

Article 2

1. In accordance with this Convention, the Parties shall exercise sovereignty, sovereign and exclusive rights, as well as exercise jurisdiction in the Caspian Sea.

2. This Convention defines and regulates the rights and obligations of the Parties with respect to the use of the Caspian Sea, including its waters, seabed, subsoil, natural resources and airspace above the sea.

Article 3

The Parties' activities in the Caspian Sea will be based on the principles of:

1) respect for sovereignty, territorial integrity, independence, sovereign equality of States, non-use of force or threat of force, mutual respect, cooperation, non-interference in each other's internal affairs;

2) using the Caspian Sea for peaceful purposes, turning it into a zone of peace, good-neighborliness, friendship and cooperation, and resolving all issues related to the Caspian Sea by peaceful means;

3) ensuring security and stability in the Caspian region;

4) ensuring a stable balance of the Parties' armaments in the Caspian Sea, carrying out military construction within reasonable sufficiency, taking into account the interests of all Parties, and not harming each other's security;

5) compliance with agreed confidence-building measures in the field of military activities in a spirit of predictability and transparency in accordance with common efforts to strengthen regional security and stability, including in accordance with international treaties concluded between all Parties.;

6) the non-presence of armed forces in the Caspian Sea that do not belong to the Parties;

7) failure by any Party to provide its territory to other States for aggression and other military actions against any of the Parties;

8) freedom of navigation beyond the external limits of the territorial waters of each Party, while respecting the sovereign and exclusive rights of coastal States and the rules established by them in this regard with respect to activities determined by the Parties;

9) ensuring the safety of navigation;

10) the right to free access from the Caspian Sea to other seas, the World Ocean and vice versa on the basis of generally recognized principles and norms of international law and agreements of the relevant Parties, taking into account the legitimate interests of the transit Party in order to expand international trade and economic development;

11) navigation in the Caspian Sea, passage to/from it exclusively by vessels flying the flag of each of the Parties;

12) the application of agreed norms and rules for the reproduction and regulation of the use of shared aquatic biological resources;

13) responsibility of the Party allowing pollution for damage caused to the ecological system of the Caspian Sea;

14) protection of the natural environment of the Caspian Sea, conservation, restoration and rational use of its biological resources;

15) to promote scientific research in the field of ecology, conservation and use of biological resources of the Caspian Sea;

16) freedom of flight of civil aircraft in accordance with the rules of the International Civil Aviation Organization;

17) conducting marine scientific research outside the territorial waters of each Party in accordance with the legal norms agreed upon by the Parties, while respecting the sovereign and exclusive rights of coastal States, as well as the rules established by them in this regard with respect to certain types of research.

Article 4

The Parties shall carry out activities in the Caspian Sea for the purposes of navigation, fishing, use and protection of aquatic biological resources, exploration and exploitation of the resources of its seabed and subsoil, as well as other activities in accordance with this Convention, compatible with it by separate agreements of the Parties and their national legislation.

Article 5

The water area of the Caspian Sea is divided into internal waters, territorial waters, fishing zones and a common body of water.

Article 6

The sovereignty of each Party extends beyond its land territory and internal waters to the adjacent sea belt, called territorial waters, as well as to its bottom and subsoil, as well as to the airspace above it.

Article 7

1. Each Party shall establish territorial waters not exceeding 15 nautical miles in width, measured from the baselines defined in accordance with this Convention.

2. The outer boundary of territorial waters is a line, each point of which is located from the nearest point of the baseline at a distance equal to the width of the territorial waters.

For the purposes of determining the external boundary of territorial waters, the most prominent permanent port facilities in the sea, which are an integral part of the port system, are considered as part of the shore. Coastal installations and artificial islands are not considered permanent port facilities.

The external boundary of territorial waters is the state border.

3. The delimitation of internal and territorial waters between States with adjacent coasts is carried out by agreement between them, taking into account the principles and norms of international law.

Article 8

1. The delimitation of the seabed and subsoil of the Caspian Sea into sectors is carried out by agreement of neighboring and opposing States, taking into account generally recognized principles and norms of international law in order to realize their sovereign rights to subsurface use and other legitimate economic activities related to the development of the resources of the seabed and subsoil.

2. The coastal State has the exclusive right to construct, as well as to authorize and regulate the creation, operation and use of artificial islands, installations and structures within its sector. The coastal State may establish zones around artificial islands, installations and structures, where deemed necessary, in order to ensure the safety of both navigation and artificial islands, installations and structures. The width of the safety zones will not extend more than 500 meters, measured from each point of the outer edge of such artificial islands, installations and structures.

The geographical coordinates of such structures and the contours of the safety zones must be communicated to all Parties.

3. All vessels must respect these safety zones.

4. The exercise of the sovereign rights of the coastal State in accordance with paragraph 1 of this article shall not infringe on the rights and freedoms of other Parties provided for in this Convention or lead to unjustified interference with their exercise.

Article 9

1. Each Party establishes a fishing zone 10 nautical miles wide adjacent to the territorial waters.

The delimitation of fishing zones between States with adjacent coasts is carried out by agreement between them, taking into account the principles and norms of international law.

2. In its fishing zone, each Party has the exclusive right to fish for aquatic biological resources in accordance with this Convention, separate agreements of the Parties adopted on its basis and with its national legislation.

3. The Parties, on the basis of this Convention and international mechanisms, jointly determine the total allowable catch of joint aquatic biological resources in the Caspian Sea and allocate it to national quotas.

4. If one of the Parties is unable to exceed its quota in the total allowable catch, it may, by concluding bilateral agreements and other arrangements in accordance with national legislation, grant the other Parties access to the remainder of its quota in the total allowable catch.

5. The procedure and conditions for fishing for joint aquatic biological resources in the Caspian Sea are determined in accordance with a separate agreement between all Parties.

Article 10

1. Vessels flying the flags of the Parties shall enjoy freedom of navigation outside the territorial waters of the Parties. Freedom of navigation shall be exercised in accordance with the provisions of this Convention and separate agreements of the Parties compatible with it, without prejudice to the sovereign and exclusive rights of the Parties defined in this Convention.

2. Each Party shall provide vessels flying the flags of the other Parties carrying out cargo, passengers and baggage transportation, towing, and rescue operations with the same treatment as it provides to such national vessels with respect to free access to its ports on the Caspian Sea, their use for loading and unloading cargo, boarding and disembarking passengers, and payment of ship taxes. and other port charges and the use of services intended for navigation and normal commercial operations.

3. The regime specified in paragraph 2 of this Article applies to ports on the Caspian Sea that are open to ships flying the flags of the Parties.

4. The Parties have the right to free access from the Caspian Sea to other seas, the World Ocean and from them. To this end, the Parties shall enjoy freedom of transit through the territories of the transit Parties by all means of transport.

The procedure and conditions for such access are agreed upon between the Parties concerned and the Transit Parties through bilateral agreements, and in the absence of such agreements, on the basis of the legislation of the Transit Party.

The Parties to the transit, in exercising their full sovereignty over their territory, have the right to take all necessary measures to ensure that the rights and opportunities provided for in this paragraph for the Parties in no way infringe on the legitimate interests of the Transit Party.

Article 11

1. Vessels flying the flags of the Parties may pass through the territorial waters in order to:

a) to cross these waters without entering internal waters or standing on a roadstead or at a port facility outside internal waters;

(b) To enter or exit inland waters or to station themselves on such a roadstead or at such a port facility.

2. The procedure and conditions for the passage of warships, submarines and other underwater vehicles through territorial waters are determined on the basis of agreements between the flag State and the coastal State, and in the absence of such agreements - on the basis of the legislation of the coastal State.

If the entry of a warship into territorial waters is necessary due to force majeure or disaster, or to provide assistance to persons, ships and aircraft in distress, upon approach to territorial waters, the commander of the warship submits a corresponding notification to the coastal State, and the entry is carried out along a route determined by the commander of the ship in agreement with the coastal State. After the termination of these circumstances, the warship immediately leaves the relevant territorial waters.

The procedure and conditions for the entry of warships into internal waters due to force majeure or disaster or to provide assistance to persons, ships and aircraft in distress are determined on the basis of agreements between the flag State and the coastal State, and in the absence of such agreements - on the basis of the legislation of the coastal State.

3. Passage through territorial waters must not violate the peace, good order or security of the coastal State. Passage through territorial waters should be continuous and fast. Such passage must be carried out in accordance with this Convention.

4. Warships, submarines and other underwater vehicles of one Party passing through territorial waters in accordance with the conditions and procedure established in paragraph 2 of this Article shall not have the right to enter ports and anchor within the territorial waters of the other Party, except in cases where there is an appropriate permit for this, or This is necessary due to force majeure or disaster, or to provide assistance to persons, ships and aircraft in distress.

5. Submarines and other underwater vehicles of one Party in the territorial waters of the other Party must follow on the surface and raise their flag.

6. Passage through territorial waters is considered to violate the peace, good order or security of the coastal State if any of the following activities are carried out during its commission:

(a) The threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations;

b) any maneuvers or exercises with weapons of any kind;

(d) Any act of propaganda intended to infringe on the defence or security of the coastal State;

e) taking into the air, landing or taking on board any aircraft or military device and controlling it;

(f) Launching, submerging or taking on board any military device and operating it;

g) loading or unloading of any goods or currency, embarkation or disembarkation of any person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State;

(h) Any act of deliberate and serious pollution contrary to this Convention;

(i) Any fishing activity;

(j) Conducting research or hydrographic activities;

(k) Any act aimed at interfering with the operation of any communication systems or any other facilities or installations of the coastal State;

(l) Any other activity not directly related to the passage through territorial waters.

7. A Party may take measures in its territorial waters necessary to prevent passage through territorial waters carried out in violation of the conditions referred to in this article.

8. A Party may adopt, in accordance with the provisions of this Convention and other norms of international law, laws and regulations related to passage through territorial waters, including with respect to all or some of the following issues:

(a) Safety of navigation and regulation of ship traffic;

(b) Protection of navigation aids and equipment, as well as other structures or installations;

c) protection of cables and pipelines;

(d) Conservation of marine biological resources;

(e) Preventing violations of the fishing laws and regulations of the coastal State;

(f) To preserve the environment of the coastal State and to prevent, reduce and control its pollution;

(g) Marine scientific research and hydrographic surveys;

h) preventing violations of the customs, fiscal, immigration or sanitary laws and regulations of the coastal State;

i) ensuring national security.

9. The Party shall duly publish all laws and regulations related to the passage through territorial waters.

10. Vessels flying the flags of the Parties, when passing through territorial waters, comply with all laws and regulations of the coastal State related to such passage.

11. Each Party may, if necessary and taking into account the safety of navigation, require vessels flying the flags of other Parties passing through territorial waters to use such maritime corridors and traffic separation schemes as it may establish or prescribe to regulate the passage of vessels through territorial waters.

12. With respect to vessels heading into internal waters or using port facilities outside of internal waters, the coastal State also has the right to take the necessary measures to prevent any violation of the conditions under which these vessels are allowed into internal waters and use port facilities.

13. A Party may, without discrimination in form or substance with respect to vessels flying the flags of other Parties, temporarily suspend passage in certain areas of its territorial waters if such suspension is essential to ensure its safety.

Such suspension becomes effective only after proper notification of it.

14. If a warship or a Government vessel operated for non-commercial purposes does not comply with the laws and regulations of the coastal State regarding passage through territorial waters and ignores any requirement for compliance with them, the Party may require it to immediately leave its territorial waters.

15. The flag State shall bear international responsibility for any damage or losses caused to the other Party as a result of non-compliance by any warship or other government vessel operated for non-commercial purposes with the laws and regulations of the coastal State concerning passage through, entry into and anchoring of territorial waters, or the provisions of this Convention, or other norms international law.

16. A Party shall not interfere with the passage of vessels flying the flags of other Parties through its territorial waters, except in cases where it acts so on the basis of this Convention or laws and regulations adopted in accordance with it. In particular, the Party should not:

(a) To impose demands on vessels flying the flags of other Parties, which in practice amount to unjustified deprivation of their right of passage through territorial waters or violation of this right.;

(b) Discriminate neither in form nor in substance against ships flying the flags of other Parties or against ships carrying goods to, from or on behalf of any State.

The Party shall duly notify of any known danger to navigation in its territorial waters.

Article 12

1. Each Party exercises jurisdiction over vessels flying its flag in the waters of the Caspian Sea.

2. Each Party, within its sector, exercises jurisdiction over artificial islands, installations, structures, its underwater cables and pipelines.

3. Each Party, in exercising its sovereignty, sovereign rights to subsurface use and other legitimate economic and economic activities related to the development of the resources of the seabed and subsoil, exclusive rights to fish for aquatic biological resources, as well as for the purpose of their conservation and management in its fishing zone, may take measures against vessels of other Parties, including search, inspection, hot pursuit, detention, arrest, and judicial proceedings that may be necessary to ensure compliance with its laws and regulations.

The application of the measures referred to in this paragraph must be justified. In case of unjustified application of such measures, the vessel is compensated for any losses and damage caused.

Such measures as search, inspection, hot pursuit, and detention may be carried out by representatives of the competent State authorities of the Parties who are only on board warships or military aircraft or other vessels or aircraft with clear identification marks indicating that they are in public service and authorized for this purpose.

4. Except as provided for in article 11 of this Convention, nothing in this Convention affects the immunity of warships and Government vessels used for non-commercial purposes.

Article 13

1. Each Party, in exercising its sovereignty, has the exclusive right to regulate, authorize and conduct marine scientific research in its territorial waters. Vessels flying the flags of the Parties may conduct marine scientific research within the territorial waters of the other Party only with its written permission and under the conditions established by it.

2. Each Party, in exercising its jurisdiction, has the exclusive right to regulate, authorize and conduct marine scientific research in its fishing zone related to aquatic biological resources and in its sector related to the exploration and development of seabed and subsurface resources. Vessels flying the flags of the Parties may conduct such research in the fishing zone and sector of the other Party only on the basis of its written permission and under the conditions established by it.

3. The procedure and conditions for issuing permits shall be determined by each Party in accordance with its national legislation and duly communicated to the other Parties.

4. There should be no unjustified delays or refusals when making a decision to grant a permit for conducting marine scientific research in accordance with paragraphs 1, 2 of this article.

5. The marine scientific research activities referred to in this article shall not unduly interfere with the activities carried out by the Parties in the exercise of their sovereign and exclusive rights provided for in this Convention.

6. The Party conducting marine scientific research shall ensure to the Party that has authorized the conduct of marine scientific research in accordance with paragraphs 1, 2 of this Article, the right to participate or be represented in such research, especially on board research vessels, whenever practicable, but without paying any remuneration to the scientists of the authorized Party and without her obligations to participate in the payment of research expenses.

7. The Party conducting marine scientific research in accordance with paragraphs 1, 2 of this Article shall provide the Party that authorized the conduct of such research with the results and conclusions after completion of the marine scientific research, as well as access to all data and samples obtained as part of such research.

8. A Party has the right to request the suspension or termination of any ongoing marine scientific research activities in its territorial waters.

9. The Party that has authorized the conduct of marine scientific research carried out in accordance with paragraph 2 of this article has the right to request their suspension or termination in one of the following cases::

a) the research activity is not conducted in accordance with the stated information on which it based its authorization;

b) the research activity is conducted in violation of the conditions established by it;

c) during the implementation of the research project, any of the provisions of this article were not complied with;

d) such suspension or termination is essential to ensure its safety.

10. Vessels flying the flags of the Parties have the right to conduct marine scientific research outside the territorial waters in compliance with paragraphs 2, 3 of this Article.

11. Bilateral and multilateral marine scientific research is conducted by agreement of the Parties concerned.

Article 14

1. The parties may lay underwater cables and pipelines along the bottom of the Caspian Sea.

2. The Parties may lay underwater main pipelines under the Caspian Sea, provided that their projects comply with environmental requirements and standards set out in international treaties to which they are parties, including the Framework Convention for the Protection of the Marine Environment of the Caspian Sea and its relevant protocols.

3. The route for laying underwater cables and pipelines is determined by agreement with the Party through the sector of the bottom of which the underwater cable or pipeline is to be conducted.

4. The geographical coordinates of the areas along the routes of underwater cables and pipelines where anchoring, fishing with bottom fishing gear, underwater and dredging and swimming with an etched anchor chain are prohibited must be communicated to all Parties by the coastal State through which they are laid.

Article 15

1. The Parties undertake to protect and preserve the ecological system of the Caspian Sea and all its components.

2. The Parties shall independently or jointly take all necessary measures and cooperate in order to preserve biological diversity, protect, restore, sustainably and rationally use the biological resources of the Caspian Sea, and prevent, reduce and control pollution of the Caspian Sea from any source.

3. Activities that damage the biological diversity of the Caspian Sea are prohibited.

4. The Parties, in accordance with the norms of international law, are responsible for the damage caused to the ecological system of the Caspian Sea.

Article 16

Cooperation of the Parties in the Caspian Sea with individuals and legal entities of States that are not parties to this Convention, as well as with international organizations, is carried out in accordance with the provisions of this Convention.

Article 17

The parties cooperate in order to counter international terrorism and its financing, illicit trafficking in weapons, narcotic drugs, psychotropic substances and their precursors, poaching, prevention and suppression of the illegal importation of migrants by sea, as well as other crimes in the Caspian Sea.

Article 18

1. The provisions of this Convention may be amended or supplemented by agreement of all Parties.

2. Amendments and additions to this Convention are its integral parts and are formalized in separate protocols that enter into force on the date of receipt by the Depositary of the fifth notification on the completion by the Parties of the internal procedures necessary for their entry into force.

Article 19

In order to effectively implement the Convention and review cooperation in the Caspian Sea, the Parties are establishing a mechanism for regular high-level five-party consultations under the auspices of the Ministries of Foreign Affairs, which are usually held at least once a year alternately in one of the coastal States in accordance with agreed rules of procedure.

Article 20

This Convention does not affect the rights and obligations of the Parties arising from other international treaties to which they are parties.

Article 21

1. Disagreements and disputes related to the interpretation and application of this Convention shall be resolved by the Parties through consultations and negotiations.

2. Any dispute between the Parties concerning the interpretation or application of this Convention, on which agreement cannot be reached in accordance with paragraph 1 of this Article, may, at the option of the Parties, be submitted for settlement by other means of peaceful settlement of disputes provided for in international law.

Article 22

This Convention is subject to ratification. The instruments of ratification shall be deposited with the Republic of Kazakhstan, which serves as the Depositary of the Convention. This Convention shall enter into force on the date of receipt by the Depositary of the fifth instrument of ratification.

Article 23

1. The Depositary shall notify the Parties of the date of deposit of each instrument of ratification and the date of entry into force of the Convention, as well as the date of entry into force of amendments and additions thereto.

2. This Convention shall be registered by the Depositary in accordance with Article 102 of the Charter of the United Nations.

Article 24

By virtue of its nature, this Convention is open-ended.

Done in Aktau on August 12, 2018, in one original copy in Azerbaijani, Kazakh, Russian, Turkmen, Farsi and English, all texts being equally authentic.

In case of disagreement, the Parties will refer to the English text.

The original copy shall be deposited with the Depositary. The Depositary shall send certified copies of this Convention to all Parties.

FOR THE REPUBLIC OF AZERBAIJAN

FOR THE ISLAMIC REPUBLIC OF IRAN

FOR THE REPUBLIC OF KAZAKHSTAN

FOR THE RUSSIAN FEDERATION

FOR TURKMENISTAN

RCPI's note! The text of the Convention is attached in Azerbaijani, Turkmen, Farsi and English.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases