Formulation of the Caspian Sea’s legal regime using a joint zone approach

Abstract

The legal regime of the Caspian Sea has been determined under Treaties 1921 and 1940 by and between Iran and former Soviet Union. In fact, we are neither to explain it nor to determine. As understood from the provisions therein, the exploitation and use of the Caspian Sea by both countries are based on the Condominium. However, there is a 10-nautical mile strip as exclusive fishing areas which have been allocated to the states under the 1940 treaty. It means that Soviet Union and Iran may benefit the marine livings resources out of that strip on an equal manner. This right also includes the seabed and underlying bed. So, the legal regime of this sea may be based on a 10-nautical mile exclusive region for all five states and the remaining part as common and joint area under an agreement until an explaining and supervising organization is established to exploit and supervise over living and non-livings resources.