Caspian Summit and Iran’s Territorial Rights

Dr. Mahdi Sanaei, a member of the Iranian parliament, Majles, and an expert on Caucasian and Central Asian affairs, believes that for Iran the priority is reconciling the political and legal aspects of the Caspian state:

Prior to the breakdown of the Soviet Union, the Caspian Sea was considered a shared geographical entity between Iran and the USSR. Iran and the Communist superpower had signed two treaties, in 1921 and 1940, which acknowledged joint rule of the two countries over the world’s largest lake. The Caspian Sea did not enjoy its current importance in those years for two reasons: first, it was a landlocked body of water, and second, Iran and the Soviet Union both possessed substantial resources of gas and oil which decreased the importance of the lake for them.

The Caspian Sea found its current geopolitical significance after the collapse of the Soviet Union and the breakaway of the constituent republics in Caucasia and Central Asia. During the last two decades, we have witnessed two parallel approaches toward Caspian affairs. On the one hand there have been official talks between the littoral states on the legal regime of the lake. Twenty-seven sessions have been held so far to formulate a legal document that determines the share of each country of the Caspian Sea. Another trend has been bilateral talks between the littoral states, such as negotiations between Moscow and Baku and Moscow and Astana, which started in 1998 and ushered in the discovery and exploitation of oil resources.

Four or five years after it became clear that talks on the legal regime of the Caspian Sea have led to no tangible results, countries like Kazakhstan and Azerbaijan—in need of the Caspian resources—started their talks with Russia to demarcate their share of the lake. Unfortunately, prolonged multilateral talks over the formulation of a legal regime have turned into time-intensive ‘negotiations of attrition’.

The Caspian is strategically critical for Iran. It is not only a matter of sovereignty, but also a constituent of our national identity. It is also an issue of national pride for Iranians. Majles, particularly the National Security and Foreign Policy Committee, is seriously pursuing Caspian affairs.

We have to seek a solution for the Caspian. Inside Iran, there are two legal and political approaches to the issue. The legal issue prioritizes the 1921 and 1940 agreements between Iran and Soviet Union, while the political approach advocates a political agreement and solution of problems through negotiations.

The 1921 and 1940 treaties introduce Iran and the Soviet Union as shared possessors of the Caspian Sea, and as the most authoritative documents they acknowledge their sovereignty over this body of water. The legal approach regards these documents as the base of the negotiations and advocates a maximal share of the sea for Iran. Nevertheless, the political approach admits that Iran is not facing a single country anymore. Two decades have passed since the dissolution of the USSR and some countries have signed bilateral agreements on exploitation of the resources. Power and politics, not international law, determine the fate of the Caspian.

Iran should adopt an active diplomacy and sign bilateral agreements with other littoral states to solve its problem. This is a critical task for our diplomatic apparatus and as far as I know, the diplomats in charge are seriously drawing the road map for these negotiations. I believe in the formulation of a national Caspian theory that is based on consensus among national forces. A combination of legal and political approaches will be the best solution. Meanwhile, there are other aspects of the Caspian such as security, environment, and economy that seem to have been marginalized. I think that in the ongoing summit, security issues will witness important achievements.

Holding the summit is a big achievement per se. The leaders of the littoral states rarely convene for negotiations. The statement that will most probably be released at the end of the summit will include topics such as transportation in the Caspian, economic issues, security cooperation, and cultural and educational collaboration. An all-inclusive approach to the Caspian is of utmost importance. Security agreements and consensual decision-making will keep extraregional decision-makers at bay.