The Caspian: Is It a Lake, a Sea or an Ocean and Does It Matter? The Danger of Utilizing Unilateral Approaches to Resolving Regional/International Issues

Dickinson Journal of International Law, Vol. 18, 2000

40 Pages Posted: 14 Jul 2016

See all articles by Barry Dubner

Barry Dubner

Barry University - Dwayne O. Andreas School of Law

Date Written: 2000

Abstract

The development of international law is an ongoing, evolving process. Without this process, there would be chaos. The 1982 Law of the Sea Treaty ("Convention") was drafted as a framework for identifying and resolving problems that may develop with regard to jurisdiction in ocean and maritime environmental situations that could arise during the exploration of various regions. The Caspian has the potential for the creation of such problems due to its estimated oil reserves in that basin.

This resource potential is leading to an exacerbation of oil related politics which, in turn, may create certain international legal and environmental problems including the following: (1) how does one determine the jurisdiction over this area; (2) how will the choosing of pipeline routes interfere with navigation of ships through the Black Sea and the Bosporus Strait; (3) how will international boundary problems interfere with the fragile ecosystem in the Caspian and surrounding regions; and (4) how will the 1982 Convention assist States in reaching a consensus on how to proceed in that geographic area?

It is necessary to turn our attention first to the geography of the Caspian. This subject can be broken down into descriptions of the physical environment, biological resources, socio-economic features, environmental problems regarding pollution, and concern over the rise of the sea level of the Caspian. Thereafter, the existing legal framework contained in the 1982 Convention will be explored. The geography of the area is uncontentious. It is necessary to set forth the geography in order to understand the problems raised in this article.

The sheer size of the Caspian is impressive. It is the world's largest inland body of water as it contains 44% of the volume of all inland lakes and seas. It has no natural connection to the oceans of the world and, at its current level, (-26.5m below MSL) its coastline is approximately 7,000 km in length, with a surface area of 386,400 km2 and a water volume of about 78,700 km. As will be discussed, the issue of whether the Caspian is a sea, lake, ocean, or has some other status, is an unnecessary venture into metaphysics. There is no question that a regional (not unilateral) response by the various States in that area will be necessary in order to preserve order and maintain the environment and freedom of navigation.

Keywords: Law of the Sea Treaty, Law of the Sea Convention, UNCLOS, Oil Reserves, Basin, Lake, Sea, Ocean, Maritime, Environmental, Ecosystem, Volga River, Don River, Kura River, Tereck River, Ural River, Sulak River, Black Sea, Baltic Sea, Bosporus Strait, Caspian Sea, Freshwater, Salinity Rate, Flora, Fauna

Suggested Citation

Dubner, Barry, The Caspian: Is It a Lake, a Sea or an Ocean and Does It Matter? The Danger of Utilizing Unilateral Approaches to Resolving Regional/International Issues (2000). Dickinson Journal of International Law, Vol. 18, 2000, Available at SSRN: https://ssrn.com/abstract=2809406

Barry Dubner (Contact Author)

Barry University - Dwayne O. Andreas School of Law ( email )

6441 East Colonial Drive
Orlando, FL 32807
United States

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