KEY DISPUTES REMAIN UNSETTLED IN THE DESPITE THE SIGNING OF THE CONVENTION ON LEGAL STATUS

Azad Garibov

EUCACIS in Brief

No. 8 June 2019

PhD Support Programme The EU, Central Asia and the Caucasus in the International System About EUCACIS “The EU, Central Asia and the Caucasus in the International System” (EUCACIS) is a PhD Support Programme for Postgraduates and Doctoral Researchers in Central Asia and the Southern Caucasus, organized by the Institut für Europäische Politik (IEP) and the Centre international de formation européenne (CIFE). Funded by the Volkswagen Foundation and the programme Erasmus+, it offers scholarships for three years to excellent postgraduates who are working on a doctoral thesis in political science, contemporary history or economics on a topic related to its thematic focus at a university or academy of sciences in the Southern Caucasus or Central Asia (including Afghanistan, the Kashmir region in India and the autonomous region Xinjiang in China). It is the objective of the EUCACIS programme to provide EUCACIS.eu intensive PhD research training for its participants to bring them closer to international standards, to support them until they submit their doctoral theses, and to help them establish their own networks with other young researchers in the target regions and in Europe. This will be achieved through four international conferences, four PhD schools, two research training stays and continuous online coaching.

About IEP Since 1959, the Institut für Europäische Politik (IEP) has been active in the field of European integration as a non-profit organisation. It is one of Germany’s leading research institutes on foreign and European policy. IEP works at the interface of academia, politics, administration, and civic education. In doing so, IEP’s task include scientific analyses of problems surrounding European politics and integration. www.iep-berlin.de

About CIFE The Centre international de formation européenne (CIFE) is a private institution of higher education and research, founded in 1954 with its head office in Nice and branch offices in Berlin, Brussels and Istanbul. It receives special funding in the framework of the Jean Monnet Programme of the European Union. Students from all continents enroll in its programmes and work as senior officials, consultants and academic experts after graduation. www.cife.eu

About the Series EUCACIS in Brief publishes opinion pieces and short articles written by fellows of the EUCACIS PhD Support Programme, alumni of the Master Programme „The European Union and Central Asia in the International System“ (EUCAIS) and other members of the wider EUCACIS network. It aims at making the debates within the network, notably during the EUCACIS conferences and PhD schools, accessible to a wider public. The papers are available on the programme website: www.eucacis.eu About the Author Azad Garibov is a regular contributor to various electronic and printed academic journals and newspapers, including the Eurasia Daily Monitor, The National Interest and the Central Asia-Caucasus Analyst. He co- edited and co-authored the book “The Caspian Sea Chess-Board: Geo-political, Geo-economic and Geo- strategic Analysis”, published jointly by the Baku-based Center for Strategic Studies SAM and the Italian Institute for International Political Studies (Milan, 2014). Mr Garibov is 2016-2019 fellow of the PhD Support Programme “The EU, Central Asia and the Caucasus in the International System (EUCACIS)”. His areas of interest include political transitions and security issues in the South Caucasus and Central Asia, trans- Eurasian energy and transport corridors as well as Caspian affairs.

Editorial team

Publishers: Prof. Dr Mathias Jopp, Head of International Programmes, IEP PD Dr Matthias Waechter, Director General, CIFE

Editors: Dr Susann Heinecke, Programme Manager EUCACIS, CIFE Janny Schulz, Programme Manager EUCACIS, IEP

Layout: Fabian Weber, IEP

Place of publication: Berlin

ISSN: 2627-7190

Internet: www.eucacis.eu

Email: [email protected]

Hashtag: #EUCACIS

published in June 2019 4 EUCACIS in Brief No. 8 - Key disputes remain unsettled in the Caspian Sea despite the signing of the Convention on Legal Status Introduction Southern CaspianSouthern bordersDelimitation inthe ofsectorial 1 territorial water borders notexceeding 15nautical waters in detail, including the establishment of rights the ofthelittoral clarifies states to thesurface position long-advocated by Russia. The document a of theseabedandcommon useofthesurface, on the2018prices. for$4 trillion oilandover for $2trillion gasbased gas in proven offshore reserves. This was valued at barrels cubicfeet ofoiland292trillion ofnatural states. The Caspian seabedholdssome48billion if notmutuallyexclusive positionsofthelittoral uneasy, with highly divergent, and they started legal status oftheCaspian have Sea beenlongand of theCaspian legaldispute. Sea their resolution for achievingthefinalsettlement pipelines—stillawait trans-Caspian underwater of thedisputed fields, of and(2)the construction and theresultant clarificationofthe ownership borders Caspian oftheseabedinSouthern the delimitation ofhighlycontentious sectorial always (1) beenkeysources ofdispute—namely importantly,the sea.Most two issuesthat have the finalsettlement ofthemajordisputes around to caveats theproblem, italsoleft intheway to region andbeyond solution asthelongexpected agreement was metwithmuchoptimisminthe the five littoral states. While thesigning ofthe by thepresidents of 2018 inAktau, Sea” (CLSCS) was finallysigned on August 12, The “Convention ontheLegal Status oftheCaspian Group) to thediverging bring positionstogether. ministers and55meetingsoftheSpecial Working (in 5presidential summits, 12meetingsofforeign status oftheCaspian was debated Sea for 22years for delimitating theseaborders. Thus, thelegal be clarified by themeasures applied andprinciples these massive resources aspossible, whichwas to the littoral states wanted to getthelargest share of 08 October 2018). 08 October . (Accessed: to-cash-in-after-new-caspian-summit/#4d4eef923119 bes.com/sites/arielcohen/2018/08/09/exxon-and-chevron-hope- Caspian Summit’, Forbes, 9August. Available at: https://www.for Cohen, A.(2018) ‘Exxon And Chevron Hope To After New Cash In The negotiations to solve thedispute onthe The ofdivision CLSCSisbasedontheprinciple 1 It is no surprise that eachof isnosurprise It - waters oftheCaspian Sea. inthesouthern out onbehalfofAzerbaijan BP’s missionitcarried thesurveying shipto abort notably, naval in2001Iranian vessels threatened of disputed offshore oil andgasfields. Most to “persuade” eachotherto stop theexploration forceneighbours had threatened with military thepast, thesethreedeveloped In by . dispute the ownership ofsomeoilandgasfields and , and Turkmenistan to tried borders withAzerbaijan challenged thede-facto ofthesea,where Iran part been inthesouthern agreements. The majordisputes have always incidentsthat before ledto remarkable those and Turkmenistan, over borders maritime aswell asbetween Kazakhstan and Kazakhstan, any Russia majordispute amongAzerbaijan, itisdifficult to fact, Caspian. recall In northern ended any dispute withseabed borders inthe in2014,have effectively and Kazakhstan 1998, and2001,between Turkmenistan in1997, andKazakhstan by Russia,Azerbaijan, oftheConvention.unclear inthetext contours oftheseabeddelimitation stillremain issues, suchastheprinciples, measures orexact based on. Thus, the key and most problematic clue for onwhat thedivisionshouldbe principle 8)whileproviding nostraightforward(article multilateral agreements oftherespective states the seabediscontingent uponthebilateral or notes that thedelimitation oftheborders in miles from 7.1).However, thecoast (Article it 3 2 fields disputed by Turkmenistan. referring to thefailure to solve the issue ofoil that “one cansmellbloodintheCaspian Sea”, as known Turkmenbashi—famously stated of Turkmenistan —better five Caspian littoral states, the former President the 2002Ashgabat Presidential Summitofthe highly cooperative relations withboth Tehran three countries currently andBaku enjoys then inthebilateral relationship among these org/a/1099503.html (Accessed: 2018). 06October Agreement’, RFERL, 24April. Available at: https://www.rferl. Peuch, J. (2002) ‘Caspian: Ashgabat SummitEnds Without vessels-in-Caspian-Sea.html (Accessed: 2018). 06October news/worldnews/middleeast/iran/1335235/Iran-threatens-BP- Telegraph, 25July. Available at: https://www.telegraph.co.uk/ Warren, M.(2001) threatens‘Iran BP vessels inCaspian Sea’, The The bilateral andtrilateral agreements signed Even thoughmuchhaschangedsince 2 Ayear later, during 3 EUCACIS in Brief No. 8 - Key disputes remain unsettled in the Caspian Sea despite the signing of the Convention on Legal Status 5 - In their 9 10 Russia and Iran have used environmental used environmental Russia and Iran have 8 In fact, just three weeks before the signing of the signing In before fact, weeks just three This means that “each of the five Caspian of the five “each means that This cessed: 06 Octobercessed: 2018). Issues Between Resolve To Summit Fails RFERL (2018) Caspian https:// at: Available 15 August. Neighbors, Iran Nearest And www.rferl.org/a/qishloq-ovozi-caspian-summit-fails-to- resolve-issues-iran-turkmenistan-azerbaijan/29436013.html 06 October 2018). (Accessed: Issues Between Resolve To Summit Fails RFERL (2018) Caspian https:// at: Available 15 August. Neighbors, Iran Nearest And www.rferl.org/a/qishloq-ovozi-caspian-summit-fails-to- resolve-issues-iran-turkmenistan-azerbaijan/29436013.html 06 October 2018). (Accessed: Gurbanov, I. (2018) ‘Caspian Convention Signing and the Signing Convention ‘Caspian I. (2018) Gurbanov, Daily Eurasia Gas Pipeline’, Trans-Caspian the Implications for at: Available 15 Issue: 127, 12 September. Volume: Monitor, https://jamestown.org/program/caspian-convention-signing- and-the-implications-for-the-trans-caspian-gas-pipeline/(Ac the Convention in Aktau, the ministers of ecology of ecology the ministers in Aktau, the Convention in an extraordinary meeting states, of the Caspian the to Protocol additional an signed Moscow, in the Protection for Convention 2003 Framework Sea. Caspian the of Marinethe of Environment which is mostly known 2003 agreement, The in the to is referred Convention, Tehran as the protection environment CLSCS as a baseline for 9 10 8 Turkmenistan to Azerbaijan and ultimately to to Azerbaijan to ultimately and Turkmenistan In states fact, ArticleEurope. Convention 14 of the “the parties underwater can lay pipelines that “according (Section 2) floor” Caspian along the the parties by whose sector consent to through (Section 3). should be built” the cable or pipeline same section the of the Convention However, “the activities such that hinge on also stipulates of their projects of the accordance condition and standards”. requirements with ecological in on weigh be able to will states littoral impact of trans- questions of the environmental boundary become pipeline projects which could might players some regional a new instrument tryuse to the construction of the delay to TC P ”. opening statements at the Aktau summit, summit, Aktau the at statements opening Turkmen Ilham and Aliev Azerbaijani President Gurbanguly Berdymukhammedov President their countries assuring that this issue, addressed environmental to close attention paying were with leading consulting and were concerns safety. experts guarantee to concerns to halt the construction of the TCP TCP constructionthe halt the of to concerns the of the wording and decades some two for debate for room leave seems to convention and standards.” “requirements about

4 In the 5 Thus, these negotiations these negotiations Thus, 7 Soon of aftersigning the 6 The second key issue that the Convention the Convention key issue that second The RFERL (2018) Five States Sign Convention On Caspian Legal Legal On Caspian Convention Sign States RFERL (2018) Five https://www.rferl.org/a/russia- at: Available 12 August. Status, iran-azerbaijan-kazakhstan-turkmenistan-caspian-sea-sum- 06 October 2018). (Accessed: mit/29428300.html be not to Caspian ‘Under new Convention, Shaban, I. (2018) - http://cas at: Available 10 August. Barrel, Caspian sea or lake’, pianbarrel.org/en/2018/08/under-new-convention-caspian- not-to-be-sea-or-lake/ 06 October 2018). (Accessed: Blank, S. (2018) ‘Is there an Agreement on Caspian Sea Delimi on Caspian - an Agreement ‘Is there Blank, S. (2018) https://www. at: Available 25 January. Analyst, CACI tation?’, cacianalyst.org/publications/analytical-articles/item/13494- is-there-an-agreement-on-caspian-sea-delimitation?.html 06 October 2018). (Accessed: leaves partlyleaves unsettled—despitean having part the construction it—is to dedicated exclusive most notable of such The of pipelines in the sea. pipeline (TCP) Trans-Caspian the projects is surely It aims to has been long courtedthat the EU. by of gas from bring some 30 billion cubic meters same line, after the signing of the Convention of the Convention after the signing same line, Hassan Rohani said Iranian President in Aktau, seabed Caspian the of the delimitation that between additional agreements will require states. littoral the Moreover, Iranian diplomats asserted that any assertedIranian diplomats any that Moreover, Sea of the Caspian share Iran’s suggestion that unfounded “a false and was has been finalised remark, misleading public opinion.” 7 6 4 5 Ibid. Construction of underwater pipelines of underwater Construction and Ashgabat, the southern Caspian Sea southern the still Caspian and Ashgabat, of delimitation the where area key the remains be to yet is borders seabed highly contentious after Russian Foreign Not surprisingly, resolved. summarised 2017 the December Minister Lavrov ministers foreign five’s meeting of the Caspian the regarding issues key “all that Moscow in Sea had been of the Caspian delimitation Azerbaijani and Iranian foreign resolved,” this statement. publicly disconfirmed ministers would likely not be conducted within the would be subjectwill but summits, Caspian common Tehran talks among Baku, or trilateral bilateral to and Ashgabat. the Convention, Russian Deputy Minister of the Convention, GrigoryAffairs that clear made Karasin Foreign Azerbaijan, that Iran and prefer would Moscow on subsoil in a disputes resolve Turkmenistan without pulling all manner, or trilateral bilateral them. into “five” the 6 EUCACIS in Brief No. 8 - Key disputes remain unsettled in the Caspian Sea despite the signing of the Convention on Legal Status projects. that otherlittoral states could employ to halt whether thiswould represent aneffective veto of the TCP for alltheseyears, thoughitisunclear same loopholethat hashelduptheconstruction their design stage.” forprojects the Caspian environment, even at for assessingthepossibleconsequences ofsuch it deemsnecessary, canjoinintheprocedure pipelines appear, any oftheCaspian countries, if real plansfor of theconstruction Trans-Caspian to that protocol noted that “[…] whenandif chief negotiator ontheConvention, referring On August 18,2018, IgorBratchikov, Moscow’s ofthepossiblepipelines.assessment ofimpacts Context, creates legalgrounds for trans-national onEnvironmentof Impact inthe Trans-border 13 12 11 Conclusion 14.2). (Article outpipelineconstructions while carrying possibly trilateral) agreements ofAzerbaijan, settled outside the CLSCS with bilateral (and oftheConventionin thetext andhasto be problem of disputed fields—is not included borders whichwillresultantly resolve the disputes—the finaldelimitation ofseabed inter-state disputes. The key issue to solve those toCaspian turned bethemajorarea Sea of the respective littoral states, the southern Caspian by Sea the divisionofnorthern identifiedmany it to beone. observers After to thedisputes around theCaspian as Sea, the finalsettlement ofthelegalstatus related can becalledamajorbreakthrough towards credit, itisstillquestionableto whatit extend points by theConvention much deserves it-resolves/29424824.html (Accessed: 2018). 06October org/a/qishloq-ovozi-landmark-caspian-agreement--and-what- Resolves’,It RFERL,9August. Available at: https://www.rferl. Pannier, B. (2018) ‘A Caspian Landmark Agreement --And What id/3320564 (Accessed: 2018). 06October eign_policy/news/-/asset_publisher/cKNonkJE02Bw/content/ 17 August. Available at: http://www.mid.ru/web/guest/for переговорах Каспийского поправовому статусу моря, руководителя российской делегации намногосторонних ofForeignMinistry Ответ Affairs ofRussia(2018) konvencija-kaspijskoe-more.html (Accessed: 2018). 06October ru.sputnik.az/economy/20180720/416305369/ramochnaja- по Тегеранской конвенции, 20July. Available at: https:// вМосквепротокол подписал SPUTNIK (2018)Азербайджан Thus, whileclarification of many important 11 The recent Protocol to it, titledAssessment 13 12 Thus, itappearsto bethe - used againstsuchprojects. oftheConventiontext that could potentially be Ashgabat—there loopholes in the are certain Moscow and Tehran butadvocated by and Baku two littoral states—a position long opposed by pipelinesbilaterallyunderwater by any ofthe formallyand Iran recognised therightto build and Iran Turkmenistan. Moreover, whileRussia