Convention on the Legal Status of the Caspian Sea.

The Parties, convinced that this Convention will facilitate the development and strengthening of cooperation among the Parties, and promote the use of the Caspian Sea for peaceful purposes and rational management of its resources, as well as exploration, protection and conservation of its environment, seeking to create favorable conditions for the development of mutually beneficial economic cooperation in the Caspian Sea, taking into account changes and processes that have occurred in the Caspian Sea region at the geopolitical and national levels, the existing arrangements between the Parties and, in this regard, the need to strengthen the legal regime of the Caspian Sea, have agreed as follows: (a) ”Fishery zone“ – a belt of sea where a coastal State holds an exclusive right to harvest aquatic biological resources; (b) ”Common maritime space“ – a water area located outside the outer limits of fishery zones and open for use by all the Parties; (c) ”Aquatic biological resources“ – fish, shellfish, crustaceans, mammals and other aquatic species of fauna and flora; (d) ”Shared aquatic biological resources“ – aquatic biological resources jointly managed by the Parties; (e) ”Harvesting“ – any type of activity aimed at removing aquatic biological resources from their natural habitat; (f) ”Ecological system of the Caspian Sea“ – interacting components of air, water and biological organisms, including human beings, within the Caspian Sea and parts of the land affected by the proximity of the Sea; (g) ”Pollution“ – the introduction by man, directly or indirectly, of substances, organisms or energy into the ecological system of the Caspian Sea, including from land-based sources, which results or is likely to result in deleterious effects, such as harm to biological resources and marine life, hazards to human health, hindrance to marine activities, including harvesting of aquatic biological resources and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities. The Parties shall carry out their activities in the Caspian Sea in accordance with the following principles: (a) freedom of navigation outside the territorial waters of each Party subject to the respect for sovereign and exclusive rights of the coastal States and to the compliance with relevant rules established by them with regard to the activities specified by the Parties; (b) ensuring safety of navigation; (c) navigation in, entry to and exit from the Caspian Sea exclusively by ships flying the flag of one of the Parties; (d) application of agreed norms and rules related to the reproduction and regulation of the use of shared aquatic biological resources; (e) liability of the polluting Party for damage caused to the ecological system of the Caspian Sea; and (f) protection of the environment of the Caspian Sea, conservation, restoration and rational use of its biological resources. The Parties shall conduct their activities in the Caspian Sea for the purposes of navigation, harvesting, use and protection of aquatic biological resources, exploration and exploitation of the seabed and subsoil resources, as well as other activities in accordance with this Convention, other agreements between the Parties consistent with this Convention, and their national legislation. The water area of the Caspian Sea shall be divided into internal waters, territorial waters, fishery zones and the common maritime space. Each Party shall establish the breadth of its territorial waters up to a limit not exceeding 15 nautical miles, measured from baselines determined in accordance with this Convention. Delimitation of internal and territorial waters between States with adjacent coasts shall be affected by agreement between those States with due regard to the principles and norms of international law. Each Party shall establish a 10 nautical miles-wide fishery zone adjacent to the territorial waters. Delimitation of fishery zones between States with adjacent coasts shall be effected by agreement between those States with due regard to the principles and norms of international law. In its fishery zone, each Party shall have the exclusive right to harvest aquatic biological resources in accordance with this Convention, separate agreements concluded by the Parties on the basis of the Convention and its national legislation. On the basis of this Convention and international mechanisms, the Parties shall jointly determine the total allowable catch of shared aquatic biological resources in the Caspian Sea and divide it into national quotas. If a Party is unable to harvest its entire quota in the total allowable catch, it may grant access to the remainder of its quota in the total allowable catch to other Parties by way of concluding bilateral agreements or through other arrangements in accordance with its national legislation. Terms and procedures for harvesting shared aquatic biological resources in the Caspian Sea shall be determined by the separate agreement concluded by all Parties. Ships flying the flags of the Parties may navigate through territorial waters with a view to: (a) traversing those waters without entering internal waters or calling at a roadstead or port facility outside internal waters; or (b) proceeding to or from internal waters or calling at such roadstead or port facility. Passage through territorial waters shall be considered to be prejudicial to the peace, good order or security of the coastal State if any of the following activities is performed in the process: (a) any act of willful and serious pollution contrary to this Convention; (b) any fishing activities; and (c) carrying out research or hydrographic survey activities. A Party may adopt laws and regulations, in conformity with provisions of this Convention and other norms of international law, relating to passage through territorial waters, including in respect of all or any of the following: (a) conservation of the biological resources of the sea; (b) prevention of infringement of fishery laws and regulations of the coastal State; (c) preservation of the environment of the coastal State and prevention, reduction and control of pollution thereof; and (d) marine scientific research and hydrographic surveys. In the case of ships proceeding to internal waters or a call at port facilities outside internal waters, the coastal State shall also have the right to take necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject. Each Party, in the exercise of its sovereignty, sovereign rights to the subsoil exploitation and other legitimate economic activities related to the development of resources of the seabed and subsoil, and exclusive rights to harvest aquatic biological resources as well as for the purposes of conserving and managing such resources in its fishery zone, may take measures in respect of ships of other Parties, including boarding, inspection, hot pursuit, detention, arrest and judicial proceedings, as may be necessary to ensure compliance with its laws and regulations. The Parties shall take, jointly or individually, all necessary measures and cooperate in order to preserve the biological diversity, to protect, restore and manage in a sustainable and rational manner the biological resources of the Caspian Sea, and to prevent, reduce and control pollution of the Caspian Sea from any source. Any activity damaging the biological diversity of the Caspian Sea shall be prohibited.