{"id":3424,"date":"2019-06-03T21:33:11","date_gmt":"2019-06-03T21:33:11","guid":{"rendered":"http:\/\/english.bashariyat.org\/?p=3424"},"modified":"2019-06-03T21:47:11","modified_gmt":"2019-06-03T21:47:11","slug":"convention-on-the-legal-status-of-the-caspian-sea","status":"publish","type":"post","link":"https:\/\/english.bashariyat.org\/?p=3424","title":{"rendered":"Convention on the Legal Status of the Caspian Sea"},"content":{"rendered":"<p>The Parties to this Convention, the Caspian littoral States \u2013 the Republic of Azerbaijan, the<br \/>\nIslamic Republic of Iran, the Republic of Kazakhstan, the Russian Federation and<br \/>\nTurkmenistan \u2013 hereinafter referred to as the Parties,<br \/>\nBased on the principles and norms of the Charter of the United Nations and international<br \/>\nlaw,<!--more--><br \/>\nTaking into account the atmosphere of cooperation, good-neighbor lines and mutual<br \/>\nunderstanding among the Parties,<br \/>\nGuided by the desire to deepen and expand good-neighborly relations among the Parties,<br \/>\nProceeding from the fact that the Caspian Sea is of vital importance to the Parties and that<br \/>\nonly they possess sovereign rights over the Caspian Sea and its resources,<br \/>\nEmphasizing that solving issues related to the Caspian Sea falls within the exclusive<br \/>\ncompetence of the Parties,<br \/>\nRecognizing political, economic, social and cultural importance of the Caspian Sea,<br \/>\nAware of their responsibility before the present and future generations for the preservation of<br \/>\nthe Caspian Sea and sustainable development of the region,<br \/>\nConvinced that this Convention will facilitate the development and strengthening of<br \/>\ncooperation among the Parties, and promote the use of the Caspian Sea for peaceful purposes<br \/>\nand rational management of its resources, as well as exploration, protection and conservation<br \/>\nof its environment,<br \/>\nSeeking to create favorable conditions for the development of mutually beneficial economic<br \/>\ncooperation in the Caspian Sea,<br \/>\nTaking into account changes and processes that have occurred in the Caspian Sea region at<br \/>\nthe geopolitical and national levels, the existing arrangements between the Parties and, in<br \/>\nthis regard, the need to strengthen the legal regime of the Caspian Sea,<br \/>\nHave agreed as follows:<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 1<\/strong><\/em><\/span><br \/>\nFor the purposes of this Convention, the following terms shall mean:<br \/>\n\u201cThe Caspian Sea\u201d \u2013 the body of water surrounded by the land territories of the Parties and<br \/>\noutlined on the 1:750,000\u2011scale nautical charts of the General Department of Navigation and<br \/>\nOceanography of the Ministry of Defense of the Russian Federation, Saint Petersburg,<\/p>\n<p>No. 31003, archive edition of 17.04.1997 published in 1998; No. 31004, archive edition of<br \/>\n04.07.1998 published in 1999; No. 31005, archive edition of 16.11.1996 published in 1998,<br \/>\ncertified copies of which are attached to this Convention and form an integral part thereof.<br \/>\n\u201cBaseline\u201d \u2013 the line consisting of normal and straight baselines.<br \/>\n\u201cNormal baseline\u201d \u2013 the line of the multi-year mean level of the Caspian Sea measured at<br \/>\nminus 28.0 meters mark of the 1977 Baltic Sea Level Datum from the zero-point of the<br \/>\nKronstadt sea-gauge, running through the continental or insular part of the territory of a<br \/>\nCaspian littoral State as marked on large-scale charts officially recognized by that State.<br \/>\n\u201cStraight baselines\u201d \u2013 straight lines joining relevant\/appropriate points on the coastline and<br \/>\nforming the baseline in locations where the coastline is indented or where there is a fringe of<br \/>\nislands along the coast in its immediate vicinity.<br \/>\nThe methodology for establishing straight baselines shall be determined in a separate<br \/>\nagreement among all the Parties.<br \/>\nIf the configuration of the coast puts a coastal State at a clear disadvantage in determining its<br \/>\ninternal waters, that will be taken into account in developing the above methodology in order<br \/>\nto reach consent among all the Parties.<br \/>\n\u201cInternal waters\u201d \u2013 waters on the landward side of the baseline.<br \/>\n\u201cTerritorial waters\u201d \u2013 a belt of sea to which the sovereignty of a coastal State extends.<br \/>\n\u201cFishery zone\u201d \u2013 a belt of sea where a coastal State holds an exclusive right to harvest aquatic<br \/>\nbiological resources.<br \/>\n\u201cCommon maritime space\u201d \u2013 a water area located outside the outer limits of fishery zones<br \/>\nand open for use by all the Parties.<br \/>\n\u201cSector\u201d \u2013 parts of the seabed and subsoil delimited between the Parties for the purposes of<br \/>\nthe subsoil exploitation and other legitimate economic activities related to the development<br \/>\nof resources of the seabed and subsoil.<br \/>\n\u201cAquatic biological resources\u201d \u2013 fish, shellfish, crustaceans, mammals and other aquatic<br \/>\nspecies of fauna and flora.<br \/>\n\u201cShared aquatic biological resources\u201d \u2013 aquatic biological resources jointly managed by the<br \/>\nParties.<br \/>\n\u201cHarvesting\u201d \u2013 any type of activity aimed at removing aquatic biological resources from their<br \/>\nnatural habitat.<br \/>\n\u201cWarship\u201d \u2013 a ship belonging to the armed forces of a Party and bearing external marks<br \/>\ndistinguishing such ships of its nationality, under the command of an officer duly<br \/>\ncommissioned by the government of the Party and whose name appears in the appropriate<br \/>\nservice list or its equivalent, and manned by a crew which is under regular armed forces<br \/>\ndiscipline.<br \/>\n\u201cEcological system of the Caspian Sea\u201d \u2013 interacting components of air, water and biological<br \/>\norganisms, including human beings, within the Caspian Sea and parts of the land affected by<br \/>\nthe proximity of the Sea.<\/p>\n<p>\u201cPollution\u201d \u2013 the introduction by man, directly or indirectly, of substances, organisms or<br \/>\nenergy into the ecological system of the Caspian Sea, including from land-based sources,<br \/>\nwhich results or is likely to result in deleterious effects, such as harm to biological resources<br \/>\nand marine life, hazards to human health, hindrance to marine activities, including<br \/>\nharvesting of aquatic biological resources and other legitimate uses of the sea, impairment of<br \/>\nquality for use of sea water and reduction of amenities.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 2<\/strong><\/em><\/span><br \/>\n1. In accordance with this Convention, the Parties shall exercise their sovereignty, sovereign<br \/>\nand exclusive rights, as well as jurisdiction in the Caspian Sea.<br \/>\n2. This Convention shall define and regulate the rights and obligations of the Parties in<br \/>\nrespect of the use of the Caspian Sea, including its waters, seabed, subsoil, natural<br \/>\nresources and the airspace over the Sea.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 3<\/strong><\/em><\/span><br \/>\nThe Parties shall carry out their activities in the Caspian Sea in accordance with the following<br \/>\nprinciples:<br \/>\n1) Respect for the sovereignty, territorial integrity, independence and sovereign equality of<br \/>\nStates, non-use of force or the threat of force, mutual respect, cooperation and noninterference into the internal affairs of each other;<br \/>\n2) Using the Caspian Sea for peaceful purposes, making it a zone of peace, goodneighbourliness, friendship and cooperation, and solving all issues related to the Caspian<br \/>\nSea through peaceful means;<br \/>\n3) Ensuring security and stability in the Caspian Sea region;<br \/>\n4) Ensuring a stable balance of armaments of the Parties in the Caspian Sea, developing<br \/>\nmilitary capabilities within the limits of reasonable sufficiency with due regard to the<br \/>\ninterests of all the Parties and without prejudice to the security of each other;<br \/>\n5) Compliance with the agreed confidence-building measures in the military field in the<br \/>\nspirit of predictability and transparency in line with general efforts to strengthen regional<br \/>\nsecurity and stability, including in accordance with international treaties concluded<br \/>\namong all the Parties;<br \/>\n6) Non-presence in the Caspian Sea of armed forces not belonging to the Parties;<br \/>\n7) Non-provision by a Party of its territory to other States to commit aggression and<br \/>\nundertake other military actions against any Party;<br \/>\n8) Freedom of navigation outside the territorial waters of each Party subject to the respect<br \/>\nfor sovereign and exclusive rights of the coastal States and to the compliance with<br \/>\nrelevant rules established by them with regard to the activities specified by the Parties;<br \/>\n9) Ensuring safety of navigation;<\/p>\n<p>10) The right to free access from the Caspian Sea to other seas and the Ocean, and back in<br \/>\naccordance with the generally recognized principles and norms of international law and<br \/>\nagreements between the relevant Parties, with due regard to legitimate interests of the<br \/>\ntransit Party, with a view to promoting international trade and economic development;<br \/>\n11) Navigation in, entry to and exit from the Caspian Sea exclusively by ships flying the flag of<br \/>\none of the Parties;<br \/>\n12) Application of agreed norms and rules related to the reproduction and regulation of the<br \/>\nuse of shared aquatic biological resources;<br \/>\n13) Liability of the polluting Party for damage caused to the ecological system of the Caspian<br \/>\nSea;<br \/>\n14) Protection of the environment of the Caspian Sea, conservation, restoration and rational<br \/>\nuse of its biological resources;<br \/>\n15) Facilitation of scientific research in the area of ecology and conservation and use of<br \/>\nbiological resources of the Caspian Sea;<br \/>\n16) Freedom of overflight by civil aircraft in accordance with the rules of the International<br \/>\nCivil Aviation Organization;<br \/>\n17) Conducting marine scientific research outside the territorial waters of each Party in<br \/>\naccordance with legal norms agreed upon by the Parties, subject to the respect for<br \/>\nsovereign and exclusive rights of the coastal States and to the compliance with relevant<br \/>\nrules established by them with regard to certain types of research.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 4<\/strong><\/em><\/span><br \/>\nThe Parties shall conduct their activities in the Caspian Sea for the purposes of navigation,<br \/>\nharvesting, use and protection of aquatic biological resources, exploration and exploitation of<br \/>\nthe seabed and subsoil resources, as well as other activities in accordance with this<br \/>\nConvention, other agreements between the Parties consistent with this Convention, and their<br \/>\nnational legislation.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 5<\/strong><\/em><\/span><br \/>\nThe water area of the Caspian Sea shall be divided into internal waters, territorial waters,<br \/>\nfishery zones and the common maritime space.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 6<\/strong><\/em><\/span><br \/>\nThe sovereignty of each Party shall extend beyond its land territory and internal waters to the<br \/>\nadjacent sea belt called territorial waters, as well as to the seabed and subsoil thereof, and the<br \/>\nairspace over it.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 7<\/strong><\/em><\/span><br \/>\n1. Each Party shall establish the breadth of its territorial waters up to a limit not exceeding<br \/>\n15 nautical miles, measured from baselines determined in accordance with this<br \/>\nConvention.<br \/>\n2. The outer limit of the territorial waters shall be the line every point of which is located at<br \/>\na distance from the nearest point of the baseline equal to the breadth of the territorial<br \/>\nwaters.<br \/>\nFor the purpose of determining the outer limit of the territorial waters, the outermost<br \/>\npermanent harbor works which form an integral part of the harbor system shall be<br \/>\nregarded as forming part of the coast. Off-shore installations and artificial islands shall<br \/>\nnot be considered as permanent harbor works.<br \/>\nThe outer limit of the territorial waters shall be the state border.<br \/>\n3. Delimitation of internal and territorial waters between States with adjacent coasts shall<br \/>\nbe effected by agreement between those States with due regard to the principles and<br \/>\nnorms of international law.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 8<\/strong><\/em><\/span><br \/>\n1. Delimitation of the Caspian Sea seabed and subsoil into sectors shall be effected by<br \/>\nagreement between States with adjacent and opposite coasts, with due regard to the<br \/>\ngenerally recognized principles and norms of international law, to enable those States to<br \/>\nexercise their sovereign rights to the subsoil exploitation and other legitimate economic<br \/>\nactivities related to the development of resources of the seabed and subsoil.<br \/>\n2. Within its sector, a coastal State shall have the exclusive right to construct, as well as to<br \/>\nauthorize and regulate the construction, operation and use of artificial islands,<br \/>\ninstallations and structures. A coastal State may, where deemed necessary, establish<br \/>\nsafety zones around artificial islands, installations and structures to ensure the safety of<br \/>\nnavigation and of the artificial islands, installations and structures. The breadth of the<br \/>\nsafety zones shall not exceed a distance of 500 meters around them, measured from each<br \/>\npoint of the outer edge of such artificial islands, installations and structures.<br \/>\nThe geographical coordinates of such structures and contours of the safety zones should<br \/>\nbe communicated to all the Parties.<br \/>\n3. All ships must respect those safety zones.<br \/>\n4. The exercise of sovereign rights of a coastal State under paragraph 1 of this Article must<br \/>\nnot infringe upon the rights and freedoms of other Parties stipulated in this Convention<br \/>\nor result in an undue interference with the enjoyment thereof.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 9<\/strong><\/em><\/span><br \/>\n1. Each Party shall establish a 10 nautical miles-wide fishery zone adjacent to the territorial<br \/>\nwaters.<br \/>\nDelimitation of fishery zones between States with adjacent coasts shall be effected by<br \/>\nagreement between those States with due regard to the principles and norms of<br \/>\ninternational law.<br \/>\n2. In its fishery zone, each Party shall have the exclusive right to harvest aquatic biological<br \/>\nresources in accordance with this Convention, separate agreements concluded by the<br \/>\nParties on the basis of the Convention and its national legislation.<br \/>\n3. On the basis of this Convention and international mechanisms, the Parties shall jointly<br \/>\ndetermine the total allowable catch of shared aquatic biological resources in the Caspian<br \/>\nSea and divide it into national quotas.<br \/>\n4. If a Party is unable to harvest its entire quota in the total allowable catch, it may grant<br \/>\naccess to the remainder of its quota in the total allowable catch to other Parties by way of<br \/>\nconcluding bilateral agreements or through other arrangements in accordance with its<br \/>\nnational legislation.<br \/>\n5. Terms and procedures for harvesting shared aquatic biological resources in the Caspian<br \/>\nSea shall be determined by the separate agreement concluded by all Parties.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 10<\/strong><\/em><\/span><br \/>\n1. Ships flying the flags of the Parties shall enjoy freedom of navigation beyond the outer<br \/>\nlimits of the territorial waters of the Parties. The freedom of navigation shall be exercised<br \/>\nin accordance with the provisions of this Convention and other compatible agreements<br \/>\nbetween the Parties without prejudice to the sovereign and exclusive rights of the Parties<br \/>\nas determined in this Convention.<br \/>\n2. Each Party shall grant ships flying the flags of other Parties that carry goods, or<br \/>\npassengers and baggage, or perform towing or rescue operations the same treatment as<br \/>\nto its national ships with regard to free access to its ports in the Caspian Sea, their use for<br \/>\nloading and unloading goods, boarding or disembarking passengers, payment of tonnage<br \/>\nand other port dues, use of navigation services and performance of regular commercial<br \/>\nactivities.<br \/>\n3. The regime specified in paragraph 2 of this Article shall apply to the ports in the Caspian<br \/>\nSea that are open to ships flying the flags of the Parties.<br \/>\n4. The Parties shall have the right to free access from the Caspian Sea to other seas and the<br \/>\nOcean, and back. To that end, the Parties shall enjoy the freedom of transit for all their<br \/>\nmeans of transport through the territories of transit Parties.<br \/>\nTerms and procedures for such access shall be determined by bilateral agreements<br \/>\nbetween the Parties concerned and transit Parties or, in the absence of such agreements,<br \/>\non the basis of the national legislation of the transit Party.<br \/>\nIn the exercise of their full sovereignty over their territories, the transit Parties shall be<br \/>\nentitled to take all necessary measures to ensure that the rights and facilities of the<\/p>\n<p>Parties provided for in this paragraph in no way infringe upon legitimate interests of the<br \/>\ntransit Party.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 11<\/strong><\/em><\/span><br \/>\n1. Ships flying the flags of the Parties may navigate through territorial waters with a view to:<br \/>\na) Traversing those waters without entering internal waters or calling at a road stead or<br \/>\nport facility outside internal waters;<br \/>\nor<br \/>\nb) Proceeding to or from internal waters or calling at such road stead or port facility.<br \/>\n2. Terms and procedures for the passage of warships, submarines and other underwater<br \/>\nvehicles through territorial waters shall be determined on the basis of agreements<br \/>\nbetween the flag State and the coastal State or, in the absence of such agreements, on the<br \/>\nbasis of the coastal State legislation.<br \/>\nIf the entry of a warship to the territorial waters is required due to a force majeure or<br \/>\ndistress, or to render assistance to persons, ships or aircraft in distress, the captain of the<br \/>\nwarship approaching the territorial waters shall notify the coastal State accordingly, with<br \/>\nsuch entry to be performed along the route to be determined by the captain of the<br \/>\nwarship and agreed with the coastal State. As soon as such circumstances cease to exist,<br \/>\nthe warship shall immediately leave the territorial waters.<br \/>\nTerms and procedures for the entry of warships to the internal waters due to a force<br \/>\nmajeure or distress, or to render assistance to persons, ships or aircraft in distress shall<br \/>\nbe determined on the basis of agreements between the flag State and the coastal State or,<br \/>\nin the absence of such agreements, on the basis of the coastal State legislation.<br \/>\n3. Passage through territorial waters must not be prejudicial to the peace, good order or<br \/>\nsecurity of the coastal State. Passage through territorial waters should be continuous and<br \/>\nexpeditious. Such passage shall take place in conformity with this Convention.<br \/>\n4. Warships, submarines and other underwater vehicles of one Party passing through the<br \/>\nterritorial waters in compliance with the terms and procedures set forth in paragraph 2 of<br \/>\nthis Article shall not have the right to call at ports and anchor within the territorial<br \/>\nwaters of another Party unless they have a proper permission or need to do so due to a<br \/>\nforce majeure or distress, or to render assistance to persons, ships or aircraft in distress.<br \/>\n5. Submarines and other underwater vehicles of one Party shall be required to navigate on<br \/>\nthe surface and show their flag when passing through the territorial waters of another<br \/>\nParty.<br \/>\n6. Passage through territorial waters shall be considered to be prejudicial to the peace, good<br \/>\norder or security of the coastal State if any of the following activities is performed in the<br \/>\nprocess:<br \/>\na) Threat or use of force against the sovereignty, territorial integrity or political<br \/>\nindependence of the coastal State, or in any other manner in violation of the<br \/>\nprinciples of international law embodied in the Charter of the United Nations;<\/p>\n<p>b) Any exercise or practice with weapons of any kind;<br \/>\nc) Any act aimed at collecting information to the prejudice of the defense or security of<br \/>\nthe coastal State;<br \/>\nd) Any act of propaganda aimed at affecting the defense or security of the coastal State;<br \/>\ne) Launching, landing or taking on board any aircraft or military device and controlling<br \/>\nit;<br \/>\nf) Putting afloat, submerging or taking on board any military device and controlling it;<br \/>\ng) Loading or unloading of any commodity or currency, or boarding or disembarking of<br \/>\nany person contrary to the customs, fiscal, immigration or sanitary laws and<br \/>\nregulations of the coastal State;<br \/>\nh) Any act of willful and serious pollution contrary to this Convention;<br \/>\ni) Any fishing activities;<br \/>\nj) Carrying out research or hydrographic survey activities;<br \/>\nk) Any act aimed at interfering with any systems of communication or any other<br \/>\nfacilities or installations of the coastal State;<br \/>\nl) Any other activity not having a direct bearing on the passage through territorial<br \/>\nwaters.<br \/>\n7. In its territorial waters, a Party may take necessary steps to prevent a passage through its<br \/>\nterritorial waters violating conditions set forth in this Article.<br \/>\n8. A Party may adopt laws and regulations, in conformity with provisions of this Convention<br \/>\nand other norms of international law, relating to passage through territorial waters,<br \/>\nincluding in respect of all or any of the following:<br \/>\na) Safety of navigation and regulation of maritime traffic;<br \/>\nb) Protection of navigational aids and facilities, as well as other facilities or<br \/>\ninstallations;<br \/>\nc) Protection of cables and pipelines;<br \/>\nd) Conservation of the biological resources of the sea;<br \/>\ne) Prevention of infringement of fishery laws and regulations of the coastal State;<br \/>\nf) Preservation of the environment of the coastal State and prevention, reduction and<br \/>\ncontrol of pollution thereof;<br \/>\ng) Marine scientific research and hydrographic surveys;<br \/>\nh) Prevention of infringement of customs, fiscal, immigration or sanitary laws and<br \/>\nregulations of the coastal State;<br \/>\ni) Ensuring national security.<\/p>\n<p>9. A Party shall duly publish all laws and regulations related to the passage through its<br \/>\nterritorial waters.<br \/>\n10. Ships flying the flags of the Parties, while passing through territorial waters, shall observe<br \/>\nall laws and regulations of the coastal State related to such passage.<br \/>\n11. Each Party may, where necessary and with due regard to the safety of navigation, require<br \/>\nships flying the flags of other Parties passing through its territorial waters to use such sea<br \/>\nlanes and traffic separation schemes as it may designate or prescribe for the regulation of<br \/>\nthe passage of ships through its territorial waters.<br \/>\n12. In the case of ships proceeding to internal waters or a call at port facilities outside<br \/>\ninternal waters, the coastal State shall also have the right to take necessary steps to<br \/>\nprevent any breach of the conditions to which admission of those ships to internal waters<br \/>\nor such a call is subject.<br \/>\n13. A Party may, without discrimination in form or in fact against ships flying the flags of<br \/>\nother Parties, temporarily suspend in specified areas of its territorial waters the passage<br \/>\nof those ships if such suspension is essential for the protection of its security.<br \/>\nSuch suspension shall take effect only after having been duly published.<br \/>\n14. If a warship or a government ship operated for non-commercial purposes does not<br \/>\ncomply with laws and regulations of the coastal State concerning passage through<br \/>\nterritorial waters and disregards any request for compliance therewith which is made to<br \/>\nit, the Party concerned may require itto leave its territorial waters immediately.<br \/>\n15. The flag Party shall bear international responsibility for any loss or damage to another<br \/>\nParty resulting from the non-compliance by a warship or other government ship operated<br \/>\nfor non-commercial purposes with laws and regulations of the coastal State concerning<br \/>\npassage through its territorial waters, entering such waters and anchoring therein or with<br \/>\nprovisions of this Convention or other norms of international law.<br \/>\n16. A Party shall not hamper the passage of ships flying the flags of other Parties through its<br \/>\nterritorial waters except when acting under this Convention or laws and regulations<br \/>\nadopted in conformity therewith. In particular, a Party shall not:<br \/>\na) Impose requirements on ships flying the flags of other Parties which have the<br \/>\npractical effect of denying or impairing unjustifiably the right of passage through its<br \/>\nterritorial waters;<br \/>\nor<br \/>\nb) Discriminate in form or in fact against ships flying the flags of other Parties or ships<br \/>\ncarrying cargoes to, from or on behalf of any State.<br \/>\nA Party shall give appropriate publicity to any danger to navigation within its territorial<br \/>\nwaters of which it has knowledge.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 12<\/strong><\/em><\/span><br \/>\n1. Each Party shall exercise jurisdiction over the ships flying its flag in the Caspian Sea.<\/p>\n<p>2. Each Party shall, within its sector, exercise jurisdiction over the artificial islands,<br \/>\ninstallations, structures, its submarine cables and pipelines.<br \/>\n3. Each Party, in the exercise of its sovereignty, sovereign rights to the subsoil exploitation<br \/>\nand other legitimate economic activities related to the development of resources of the<br \/>\nseabed and subsoil, and exclusive rights to harvest aquatic biological resources as well as<br \/>\nfor the purposes of conserving and managing such resources in its fishery zone, may take<br \/>\nmeasures in respect of ships of other Parties, including boarding, inspection, hot pursuit,<br \/>\ndetention, arrest and judicial proceedings, as may be necessary to ensure compliance<br \/>\nwith its laws and regulations.<br \/>\nThe application of measures stipulated in this paragraph needs to be justified. If<br \/>\nmeasures applied were unjustified, the ship shall be compensated for any loss and<br \/>\ndamage incurred.<br \/>\nMeasures, such as boarding, inspection, hot pursuit and detention, can be undertaken<br \/>\nexclusively by representatives of the competent government authorities of the Parties<br \/>\npresent aboard warships or military aircraft, or other ships or aircraft bearing the<br \/>\nexternal marks clearly indicating that they are in the government service and are<br \/>\nauthorized for that purpose.<br \/>\n4. With the exception of cases specified in Article 11 hereof, nothing in this Convention shall<br \/>\naffect the immunities of warships and government ships operated for non-commercial<br \/>\npurposes.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 13<\/strong><\/em><\/span><br \/>\n1. In the exercise of its sovereignty, each Party shall have the exclusive right to regulate,<br \/>\nauthorize and conduct marine scientific research in its territorial waters.<br \/>\nShips flying the flags of the Parties may conduct marine scientific research within the<br \/>\nterritorial waters of a Party only with its written permission and on such terms as it may<br \/>\nestablish.<br \/>\n2. In the exercise of its jurisdiction, each Party shall have the exclusive right to regulate,<br \/>\nauthorize and conduct marine scientific research related to aquatic biological resources<br \/>\nin its fishery zone, as well as marine scientific research related to the exploration and<br \/>\nexploitation of seabed and subsoil resources in its sector. Ships flying the flags of the<br \/>\nParties may conduct such research in the fishery zone and the sector of a Party only with<br \/>\nits written permission and on such terms as it may establish.<br \/>\n3. Terms and procedures for issuing permissions shall be determined by each Party in<br \/>\naccordance with its national legislation and shall be duly communicated to other Parties.<br \/>\n4. There must be no unjustified delays or denials in taking decisions on the issue of<br \/>\npermissions to conduct marine scientific research in accordance with paragraphs 1 and 2<br \/>\nof this Article.<br \/>\n5. Marine scientific research activities referred to in this Article shall not create unjustified<br \/>\nimpediments to activities undertaken by the Parties in the exercise of their sovereign and<br \/>\nexclusive rights provided for in this Convention.<\/p>\n<p>6. A Party conducting marine scientific research shall ensure the right of the Party that has<br \/>\npermitted such research in accordance with paragraphs 1 and 2 of this Article to<br \/>\nparticipate or be represented in the research, especially aboard research ships when<br \/>\npracticable, without payment of any remuneration to the scientists of the permitting<br \/>\nParty and without obligation of that Party to contribute towards the costs of the research.<br \/>\n7. A Party conducting marine scientific research in accordance with paragraphs 1 and 2 of<br \/>\nthis Article shall provide the Party that has permitted such research with the results and<br \/>\nconclusions thereof after its completion, as well as access to all data and samples<br \/>\nobtained within the framework of the research.<br \/>\n8. A Party shall have the right to require the suspension or cessation of any marine scientific<br \/>\nresearch activities in progress within its territorial waters.<br \/>\n9. A Party that has permitted marine scientific research conducted in accordance with<br \/>\nparagraph 2 of this Article shall have the right to require its suspension or cessation in<br \/>\none of the following cases:<br \/>\na) Research activities are not being conducted in accordance with the information<br \/>\nprovided that served as a basis for granting the permission;<br \/>\nb) Research activities are being conducted in violation of the conditions it has<br \/>\nestablished;<br \/>\nc) Failure to comply with any of the provisions of this Article in conducting the research<br \/>\nproject;<br \/>\nd) Such suspension or cessation is essential for ensuring its security.<br \/>\n10. Ships flying the flags of the Parties shall have the right to conduct marine scientific<br \/>\nresearch beyond the outer limits of territorial waters subject to paragraphs 2 and 3 of this<br \/>\nArticle.<br \/>\n11. Bilateral and multilateral marine scientific research shall be conducted by agreement<br \/>\nbetween the Parties concerned.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 14<\/strong><\/em><\/span><br \/>\n1. The Parties may lay submarine cables and pipelines on the bed of the Caspian Sea.<br \/>\n2. The Parties may lay trunk submarine pipelines on the bed of the Caspian Sea, on the<br \/>\ncondition that their projects comply with environmental standards and requirements<br \/>\nembodied in the international agreements to which they are parties, including the<br \/>\nFramework Convention for the Protection of the Marine Environment of the Caspian Sea<br \/>\nand its relevant protocols.<br \/>\n3. Submarine cables and pipelines routes shall be determined by agreement with the Party<br \/>\nthe seabed sector of which is to be crossed by the cable or pipeline.<br \/>\n4. The geographical coordinates of areas along routes of submarine cables and pipelines<br \/>\nwhere anchoring, fishing with near-bottom gear, submarine and dredging operations,<br \/>\nand navigation with dredging anchor are not allowed, shall be communicated by the<br \/>\ncoastal State whose sector they cross to all the Parties.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 15<\/strong><\/em><\/span><br \/>\n1. The Parties shall undertake to protect and preserve the ecological system of the Caspian<br \/>\nSea and all elements thereof.<br \/>\n2. The Parties shall take, jointly or individually, all necessary measures and cooperate in<br \/>\norder to preserve the biological diversity, to protect, restore and manage in a sustainable<br \/>\nand rational manner the biological resources of the Caspian Sea, and to prevent, reduce<br \/>\nand control pollution of the Caspian Sea from any source.<br \/>\n3. Any activity damaging the biological diversity of the Caspian Sea shall be prohibited.<br \/>\n4. The Parties shall be liable under the norms of international law for any damage caused to<br \/>\nthe ecological system of the Caspian Sea.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 16<\/strong><\/em><\/span><br \/>\nCooperation of the Parties in the Caspian Sea with natural and legal persons of States that are<br \/>\nnot parties to this Convention, as well as international organizations shall be in conformity<br \/>\nwith the provisions of this Convention.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 17<\/strong><\/em><\/span><br \/>\nThe Parties shall cooperate in combating international terrorism and financing thereof,<br \/>\ntrafficking in arms, drugs, psychotropic substances and their precursors, as well as poaching,<br \/>\nand in preventing and suppressing smuggling of migrants by sea and other crimes in the<br \/>\nCaspian Sea.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 18<\/strong><\/em><\/span><br \/>\n1. Provisions of this Convention may be amended or supplemented by agreement of all the<br \/>\nParties.<br \/>\n2. Amendments and supplements to this Convention shall be an integral part of the<br \/>\nConvention and shall be made in a form of separate protocols that shall enter into force<br \/>\non the date of the receipt by the Depositary of the fifth notification of completion by the<br \/>\nParties of internal procedures required for their entry into force.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 19<\/strong><\/em><\/span><br \/>\nTo ensure effective implementation of the Convention and to review cooperation in the<br \/>\nCaspian Sea, the Parties shall establish a mechanism of five-party regular high-level<br \/>\nconsultations under the auspices of their Ministries of Foreign Affairs to be held at least once<br \/>\na year, on a rotation basis, in one of the coastal States, in accordance with the agreed rules of<br \/>\nprocedure.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 20<\/strong><\/em><\/span><br \/>\nThis Convention shall not affect rights and obligations of the Parties arising from other<br \/>\ninternational treaties to which they are parties.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 21<\/strong><\/em><\/span><br \/>\n1. Disagreements and disputes regarding the interpretation and application of this<br \/>\nConvention shall be settled by the Parties through consultations and negotiations.<br \/>\n2. Any dispute between the Parties regarding the interpretation or application of this<br \/>\nConvention which cannot be settled in accordance with paragraph 1 of this Article may be<br \/>\nreferred, at the discretion of the Parties, for settlement through other peaceful means<br \/>\nprovided for by international law.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 22<\/strong><\/em><\/span><br \/>\nThis Convention shall be subject to ratification. The instruments of ratification shall be<br \/>\ndeposited with the Republic of Kazakhstan acting as the Depositary of the Convention.<br \/>\nThis Convention shall enter into force on the date of the receipt by the Depositary of the fifth<br \/>\ninstrument of ratification.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 23<\/strong><\/em><\/span><br \/>\n1. The Depositary shall notify the Parties of the date of submission of each instrument of<br \/>\nratification, the date of entry into force of the Convention and the date of entry into force<br \/>\nof amendments and supplements thereto.<br \/>\n2. This Convention shall be registered by the Depositary in accordance with Article 102 of<br \/>\nthe Charter of the United Nations.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 24<\/strong><\/em><\/span><br \/>\nThis Convention shall be of unlimited duration due to its nature.<br \/>\nDone at Aktau on 12 August 2018 in one original copy in the Azerbaijani, Farsi, Kazakh,<br \/>\nRussian, Turkmen and English languages, all texts being equally authentic.<br \/>\nIn case of any disagreement, the Parties shall refer to the English text.<br \/>\nThe original copy shall be deposited with the Depositary. The Depositary shall transmit<br \/>\ncertified true copies of the Convention to all the Parties.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Parties to this Convention, the Caspian littoral States \u2013 the Republic of Azerbaijan, the Islamic Republic of Iran, the Republic of Kazakhstan, the Russian Federation and Turkmenistan \u2013 hereinafter referred to as the Parties, Based on the principles and norms of the Charter of the United Nations and international law,<\/p><p><a class=\"more-link btn\" href=\"https:\/\/english.bashariyat.org\/?p=3424\">Continue reading<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[95],"tags":[],"class_list":["post-3424","post","type-post","status-publish","format-standard","hentry","category-conventions-environment","item-wrap"],"_links":{"self":[{"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/posts\/3424","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3424"}],"version-history":[{"count":2,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/posts\/3424\/revisions"}],"predecessor-version":[{"id":3427,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/posts\/3424\/revisions\/3427"}],"wp:attachment":[{"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3424"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3424"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3424"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}