Caspian Sea Issues and Threats

ENVIRONMENTAL LAWISSUES AND LEGAL STATUSOFCASPIAN SEA

SULTAN ERBAŞ

OUTLINE Geographic and General Information Issues and Threats Caspian Sea’s Legal Status

Sea or Lake ? Caspian Environment Programme

The Framework Convention for the Marine Environment of the Caspian Sea

Geographical and General Information

Caspian Sea, largest inland body of water in the world

Littoral States: Azerbaijan, Islamic Republic of Iran, Kazakhistan, Russian Federation and Turkmenistan

Lenght of Coastline: 7000 km (Stolberg et al 2003) (equivalent of the size of Japan)

Caspian Coastal Population: approximately 16 million

UN Regional Sea Programme, Independent Prog, Caspian Sea, Regional Profile


The water level, is currently about 26.5-27 m below the Baltic Sea level. The level has fluctuated from 6- 7 m during the past few centuries.

Historically, the sea accounted more than 90% of world sturgeon and caviar output.

It has abundant oil and gas deposits and they are exploited both on- and off-shore

Jafari, December 2009


The total lenght of the Caspian shoreline is about 7,000 m.

The average depth is 180 m, max depth is 1,025 m. Morphologically, the CS divided into 3 main parts;

Very shallow northen part with depths not exceeding 10 m Middlle part with an average depth of 170, max depth of 790 The deepest southern part, average 325 and max depth of 1,025

F. Nadim et al, 2006

Issues and Threats of Caspian Sea

There are three major challenges;

Water Level Fluctuations on Coastal

Decline in Biodiversity

Water Pollution

Issues and Threats of Caspian SeaChanges in Water Level

The water balance is dominated by river runoffs and rainfalls(incoming part), evaporation and water outflow to Kara-Bogaz-Gol(outgoing part).

The Kara-Bogaz Gol, largest lagoon in the world


Except for the three areas (Northern, Middle and Southern), the fourth distinguished in the Caspian Sea is a shallow gulf, Kara-Bogaz-Gol, with max depths<10m.

The role of the gulf, water balance of the Caspian

Lower than the level of sea about by 3-4 meters

This gulf constantly «drinks» the water of the Caspian

N. Aladin , I. Plotnikov, 2004


The highest level of the Caspian Sea, 1896 - approximately 25 m below the MSL (sea level)

The lowest in the 20th century 1977 -29.03 m

However Caspian stabilized in 1995 at the level of -26.61 m, during subsequent years the level fell by several centimeters each year.

At the moment the sea level is around -26.5 m below the MSL (Caspian Env. Prog.)


Issues and Threats of Caspian SeaChanges in Water Level Reason:

Climate changes, inhibited evaporation from Caspian Sea due to

oil pollution, diversion of water from outside of the Caspian Sea watershed,

the green house effect and the melting of the polar ice may have been

responsible for water level fluctuations


Results: The sea level rise has resulted in significat economic, health

and environmental damage to Azerbaijan and Dagestan Communities in affected areas have suffered from increased

humidity and dampness Drinking water quality has deterioted due to the salt water

intrusion Communications infrastructure has been significantly

damaged Flooded agricultural lands and damage to fish processing

industries have deepened unemployment and poverty

N. Jafari 2009

Issues and Threats of Caspian SeaWater Pollution

Sources are industrial, agricultural and accidental discharges and sewage ;

Oil field and industrial discharges from the Baku and Sumgait facilities and with Kura discharges

Turkmenbashi oil refinery and Cheleken oil fields Kazakhstan, not so significant. Pollutants mainly

come from flooded oil fields and the Ural river discharges.


Issues and Threats of Caspian SeaWater Pollution The main pollution outcome comes from the Volga

whose input contains discharges from other sources that not accumulate in reservoirs and its delta.

The extensive development of the Volga River has made major contributions to the Russian economy but,

Flowing through large industrial sections of Russia, Volga is one of the most polluted rivers in the world.

F. Nadim et al, 2006

Issues and Threats of Caspian SeaWater Pollution

Water pollution in the rivers flowing into the Caspian Sea is slowly diminishing its highly sensitive marine life.

The Caspian Sea threaten the existence of the rare sturgeon and fresh water seals that live there. Since the year of 2000, thousands of Caspian seals have died due to pollution that weakened their immune systems. (F. Nadim et al. 2006)

Issues and Threats of Caspian SeaDecline in Biodiversity

The isolation of the Caspian basin for over two million years and its climatic and salinity gradients has created a unique ecological system with more than 400 species endemic to the Caspian Sea. There are 115 species of fish, of which some are anadromous migrating from the Caspian up the rivers to spawn. The Caspian sturgeon and the rare fresh water seal are among the most famous species indigenous to the Caspian.

the sea accounted more than 90% of world sturgeon and caviar output.

Tehran Convention, Caspian Sea Region


Fishing and criminal fishing- poaching- is the main threat to the biodiversity of sturgeon.

Zander Fish disappered due to massive catches in Azerbaijan and Turkmenistan.



Toxic impact on fish not cause death of fish but the deteriotion of their physiological condition, feeding, reproduction and other life processes.

Higher concentration of oil (up to 15 MPC) and its derivatives reduce the growth and development rate, fertility, reproduction capacity.


Legal Status of the Caspian Sea

SEA OR LAKE ?

It depends on the interests of littoral states.

With an estimated 50-200 barrels of oil reserves, it is projected that the Caspian Sea is the third largest oil reservoir of the world. (Caspian Environment, 2003)

Legal Status of the Caspian Sea In a commentary made by the International Law Commision on

Article 26 of the 1956 draft Convention on the Law of Sea, Part II (the high seas), some large water bodies, entirely surrounded by dry land were regarded as «lakes» others as «seas».

In international practice, countries do not divide the sea into national sectors, seas are considered common ground.

The Caspian Sea is connected to the Black Sea through a navigable channel(the Don-Volga River) and system of shipping locks.

The Caspian Sea may have to be considered as a transboundary lake and not as a Sea

F. Nadim et al. 2006

SEA or LAKE?The Seabed can be divided in the following three ways

Open Sea: UNCLOS, coastal states can have full sovereignty in 12 nm of territorial waters and additional 200 miles of economic zone into sea which can exploit all natural resources but with less sovereign rights

Closed Basin: coastal states have full sovereign rights in a 20 miles- coastal zone and additional 20 miles economic zone, exploit all natural resources but their sovereign rights less

Transboundary Lake: Using «median line» and the extention of the boundaries method, the sea is divided into national sectors that meet in the middle of the sea with full sovereignty within their national sector F. Nadim et al. 2006

SEA or LAKE?

Russia, Azerbaijan and Kazakhstan favor dividing the seabed into national sectors(transboundary lake) according to a proposed modified median line(MML) methodTurkmenistan is generally in agree with dividing the seabed as a transboundary lake but wants the borderline to be located in the center of the sea where some of the most prospective oil and natural gas reserves lie beneath the Caspian seabed

Iran suggesting either a consortium approach to developmen t(closed basin), where the Caspian oil resources would be developed jointly by all nations, or owing 20% share of the oil resources (dividing the sea into five equal sectors

If it is considered as Lake If it is considered as Sea

SEA or LAKE?

Treaty of Friendship between Iran and the Soviet government, 1921

Treaty of Commerce and Navigation between Iran and the Soviet Union, 1940

Caspian surface and seabed boundary lines between two were neither determined nor mentioned in the both treaties.

Only clear expression mentioned in the Treaty of 1940 was that Caspian Sea was regarded as a Soviet and Iranian Sea.

F Nadim et al. 2006

SEA or LAKE? Until the present time, there is not an overall agreement

between the five Caspian sea on the use of the sea’s resources.

In May 2003, Russia, Azerbaijan and Kazakhstan divided the northern 64% of the Caspian region into three unequal parts using the median line method (Kazakhstan 27%, Russia19%, Azerbaijan18%)

Iran and Turkmenistan refused to sign the agreement of 2003 because it does not meet their demands.


THE CASPIAN ENVIRONMENTAL PROGRAMME (CEP) The only intergovermental body that includes all

Caspian states is the Caspian Environmental Programme.

It started its activities in 1998 with the initial funding of 16 million dollars from international agencies with the goal of protecting the Caspian Marine Environment

Pollution Monitoring , Integrated Coastal Area Management, and Water Level Fluctuation Centers are among the centers established by CEP


THE CASPIAN ENVIRONMENTAL PROGRAMME (CEP)

CEP’s main goal; Sustainable development of the Caspian environment, including

living resources and water quality Protecting human health and ecological integrity for the sake of

future generations.

CEP’s mission to assist the Caspian littoral states to achieve the goal of environmentally sustainable development and management of the Caspian environmet for the sake of long-term benefit for the Caspian inhabitants.

UN Regional Sea Programme, Independent Prog, Caspian Sea, Regional Profile

Tehran Convention Framework Convention for the Protection

of the Environment of the Caspian Sea. Signed: November 2003 Contracting Parties: (5) Azerbaijan,

Islamic Republic of Iran, Republic of Kazakhstan, Russian Federation and Turkmenistan

The Framework Convention for the Protection of the Marine Environment of the Caspian Sea

The Framework Convention for the Protection of the Marine Environment of the Caspian Sea, also known as the Tehran Convention

aims at protecting the Caspian Sea from pollution and at safeguarding its biological resources for present and future generations.

Adopted and signed in 2003, it entered into force in August 2006.

The Convention is the first regional legally binding agreement signed and ratified by all the five Caspian littoral states.

UNEP in Caspian

The Framework Convention for the Protection of the Marine Environment of the Caspian Sea

In the framework of the Convention, four ancillary Protocols have been developed on the thematic priority areas of environmental impact assessment in a transboundary context, protection against pollution from land-based sources and activities, conservation of biological diversity and preparedness and joint response towards oil spill incidents.

As the first out of the four, the Aktau Protocol on Regional Preparedness, Response and Cooperation in Combating Oil Pollution Incidents was adopted and signed by the Caspian littoral States at COP3 in Aktau, Kazakhstan in August 2011.

The other three Protocols are close to being finalized and are expected to be adopted and signed at COP4 in Russian Federation

UNEP in Caspian

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Caspian Sea Issues and Threats

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