The Caspian Sea: A Special Regime for the Management of its Living and Non-living Resources?

The dissolution of the Soviet Union in 1991 reshaped the strategic balance of the Caspian Sea region and produced a frustrating uncertainty among both old – the Russian Federation and Iran - and newly emerged Caspian states: Azerbaijan, Turkmenistan, and Kazakhstan. Each of them pursued its own economic and political preferences in order to maximize access to this unique water basin and its resources. This, however, remains problematic given the disputed legal situation of the Caspian Sea. The problem of applicability, or non-applicability, of the treaties concluded between the Soviet Union and Iran in the past, and the difficulties in formulating a common position among new Caspian states transformed the Caspian Sea into an area of volatile geopolitical disputes. The legal situation of the Caspian Sea is undoubtedly unique and its denomination as a “sea” does not really reflect its geographical features. Neither does its denomination as a „lake‟. The main purpose of this thesis is to explore the legal situation of the Caspian Sea, past, present and future, and to focus on the problem of the management, protection and conservation of its living and non-living resources. The starting point of this thesis is the observation that the legal situation of the Caspian Sea remains unclear and contentious. It is a significant problem for all littoral states and obstacle to successful and effective management of its rich living and non-living resources, especially hydrocarbons. It remains contentious in the literature as well where different models for the Caspian Sea have been formulated and different predictions concerning the prospect for a new comprehensive Caspian regime made.