Kazimzade Aysu İlham,
Master’s student, Maritime and Energy Law specialization, Faculty of Law, Baku State University.
E-mail: [email protected]
Introduction
The Convention is an international treaty that regulates the rights and obligations of the parties in relation to the Caspian Sea and its resources, and also establishes various regimes for the sea, territorial waters, fishing zones, seabed and subsoil, airspace and security. The Convention also prohibits the presence in the Caspian of armed forces not belonging to the parties to the treaty. The legal force of the Convention depends on its ratification by all five Caspian states, which are responsible for the timely and full implementation of their obligations under the treaty. The Convention will come into force on the date of receipt by the depositary of the Convention (the Republic of Kazakhstan) of the fifth instrument of ratification. The Convention takes precedence over any other international treaties relating to the Caspian Sea and is binding on the parties and their authorities, as well as on individuals and legal entities under their jurisdiction. The Convention also provides for the possibility of accession by other interested states with the consent of all parties.
Main part
Despite the signing of the Aktau Convention, the ratification of the document is delayed, causing a number of problems and causing discontent among the participating states. One of the main problems is the disagreement about the boundaries and legal status of the Caspian Sea. Each country has its own interests and demands regarding this region, which makes it difficult to reach a consensus. In particular, Iran has expressed concern about possible impacts on its ecosystem, while Russia has faced issues of ensuring security and protecting its interests in the region. Another important aspect is the use of resources of the Caspian Sea. This region is rich in oil and natural gas, making it of strategic importance. However, countries cannot agree on the distribution and use of these resources, which creates tension and complicates the process of ratifying the convention [2]. The problem also stems from a lack of communication and trust between the countries involved. Lack of open dialogue and information sharing leads to misunderstandings and exacerbates disagreements. This creates obstacles in negotiations and slows progress on ratification. Another side of the problem is domestic politics in each country. Some of them may face difficulties in ratifying the convention due to domestic political and economic factors. For example, opposition groups or individual politicians may object to specific provisions of the document, which creates obstacles to ratification. The long-lasting ratification process also has a negative impact on the ecology of the Caspian Sea. The lack of common understanding and agreements on environmental issues leads to negative effects on the ecosystem and marine life. The delay in ratification means a lack of effective measures to protect nature and sustainable use of resources. In order to solve the problem of delaying the ratification of the Aktau Convention, it is necessary to improve diplomatic relations, actively interact between countries and seek compromise solutions. It is also necessary to maintain an open dialogue and ensure transparency in the negotiation process. In addition, it is important to take into account the interests of all parties and try to achieve a balance between the economic, environmental and security aspects of the management of the Caspian Sea. Only with the joint efforts of countries can we overcome differences and ensure a stable future for this unique natural region.
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