Baselines in the New Legal Regime of the Caspian Sea

The Convention on the Legal Status of the Caspian Sea has created a new and unique legal regime which is based on the division of the Caspian Sea’s water-column into the maritime areas of the littoral states as opposed to the common maritime space. Therefore, baselines fulfill an essential function in the new legal regime of the Caspian Sea as the outer limits of the littoral states maritime zones will be measured from their established baselines and the outer limits will in turn determine the spatial scope of the common maritime zone. Meanwhile, the Convention has adopted a singular approach to the issue of baselines. Aside from its distinctive definitions and provisions on normal and straight baselines, the Convention provides that the methodology for establishing straight baselines shall be determined in a separate agreement among all the Parties. On that account, a critical element of the new legal regime of the Caspian Sea will be developed in subsequent negotiations that are on-going as of this writing. What makes this agreement even more significant is the key concession granted to Iran in this respect as the other littoral states have undertaken to take Iran’s disadvantageous coastal geography into account. This paper will examine the Convention on the Legal Status of the Caspian Sea in terms of its provisions on baselines as well as the challenges and solutions facing Iran’s legal diplomacy regarding the agreement on the methodology for establishing straight baselines.