CASPIAN SEA AND INTERNATIONAL LAW: Different options, taking I.C.J.'s judgments into account

Following the breakup of the Soviet Union in 1991 and the foundation of outstanding oil and gas consortiums, resulting from the conclusion of contracts by the new independent coastal countries and successors of the former U.S.S.R. beside Iran, and dealing with exploration and exploitation of Caspian seabed’s hydrocarbons since 1993 and 1994, real questions have been arisen concerning the legal status of the Caspian Sea and the scope and limits of the coastal States’ sovereign rights under international law.Since then, a condominium regime, a regime based on the partition and delimitation, and even a hybride regime have been recognized as coastal countries’ favoured regimes and therefore shaped the official positions of Azerbaïdjan, Iran, Kazakhestan, Russia and Turkmenistan toward the legal situation of Caspian Sea. These positions have changed since 1998, and by taking into account the I.C.J’s judgments in the cases concerning the legal status of the Gulf of Fonseca and the North Sea continental shelf’s delimitation, the different options of the legal status of the Caspian Sea can ultimately be indicated as legal prospects between coastal States. As a current international subject, this study, accompanied by schematic maps, intends to offer a detailed analysis of the legal situation of the Caspian Sea by delving the practice of coastal States (the agreements, treaties and documents concerning the Caspian Sea since 18th century on word), the official positions of five coastal countries, the current legal situation, the transposable settlements as joint development areas of seabed’s hydrocarbons, methods and shares of partition of the Caspian Sea between the coastal States, and also the principles and rules of equitable delimitation under international law, with due regard to the above-mentioned cases.