Graduate student, “Maritime and Energy Law” specialty, “International Civil Law” department, BSU
E-mail: [email protected]
UDC 341.225.5
THE MAIN PROBLEMS IN DETERMINING THE LEGAL STATUS
OF THE CASPIAN SEA IN THE POST-SOVIET ERA
After the collapse of the USSR, three independent states began to divide the area of the Caspian Sea. In accordance with the principle of state succession in international law, the question arose regarding the succession of the legal system by the new countries, and the rights and duties of the Soviet Union and Iran in light of the new realities after the collapse of the USSR. Following the breakup of the Soviet Union, the independent republics of Azerbaijan, Turkmenistan, and Kazakhstan insisted on dividing the Caspian Sea and expressed their opposition to the succession of agreements concluded between Iran and Russia due to the abundance of oil and gas reserves along their shores.
Russia’s approach was based on two fundamental points. First, the Caspian Sea is a unique inland water basin and cannot be considered a sea from an international perspective. Second, case law should be applied in this situation.