The decrease in the water level in the Caspian Sea in recent years is also environmentally hazardous for the Caspian littoral states. The prevention of potential threats highlights the need to unite the efforts of the Caspian states. From this point of view, the steps taken in terms of cooperation between these countries give reason to be optimistic about the future.

Following the collapse of the USSR, the need arose to develop a new approach to solving environmental and economic problems caused by fluctuations in the water level in the Caspian Sea, one the world's largest inland water body. A number of negative factors observed at the early stages of the formation of a market economy in post-Soviet countries that entered the period of independence, the uncontrolled exploitation of the biological resources of the Caspian Sea, violations committed during the establishment of economic entities on the seashore, and the discharge of wastewater into the water basin further increased the urgency of this need.

Against such threats, the Caspian states signed the Framework Convention for the Protection of the Marine Environment of the Caspian Sea in November 2003 in Tehran. Azerbaijan ratified the document in April 2006. Emphasizing the importance of the Convention as the first legal document on environmental protection of the Caspian Sea after the collapse of the Soviet Union, Faig Mutallimov, Head of the Environmental Policy Department of the Ministry of Ecology and Natural Resources, clarified the points that led to the adoption of the Framework Convention.

"Unfortunately, during the Soviet era, the Caspian Sea was exposed to more pollution from both marine and land sources due to human activities, which led to the degradation of the ecosystem. The only solution to the environmental problems of the Caspian Sea was a regional approach, in connection with which the Tehran Convention was developed to ensure cooperation between the Caspian countries. The Convention defines the principles of interstate cooperation between the five Caspian states in the management of the Caspian Sea environment. The Convention mainly aims to ensure the protection of the environment of the Caspian Sea from pollution, as well as the conservation, restoration, sustainable and efficient use of biological resources. The adoption of the Convention also provides for the achievement of long-term positive results in this regard,” Faig Mutallimov said.

“Unfortunately, in the 1990s of the last century, the environmental problems of the Caspian increased even more due to the fact that it took a long time for the Convention to come into force,” he stressed.
Mutallimov also noted that the delay in the process is due to a number of factors, and in general, the process of preparing such documents usually takes a long time.

“One of the main reasons for spending so much time on the development of the Tehran Convention is the unsatisfactory environmental situation in the Caspian Sea in the 1990s. In this regard, international organizations were appealed after it was clarified that necessary measures should be taken to protect it. International organizations held discussions with all the five Caspian states. Furthermore, measures were specified to study the environmental situation, investigate the causes of pollution, conduct analysis in this direction and improve the environmental situation in the Caspian Sea. Working groups comprised of ministries, relevant departments, and experts of the Caspian littoral states were established, and discussions began on the text of the Convention following the relevant analysis. Development of such a significant legal document sometimes takes more than 12 years,” emphasized the Department Head.

“Of course, disagreements arose in the course of the discussions on the provisions of the Convention and its adoption. Since the Caspian region occupies a very strategic and sensitive position from a geopolitical point of view, the process of agreeing on any documents is not so easy. Yet, thanks to hard and joint work, this document was developed.

Specialists of the Caspian littoral states on drafting legislative acts, as well as international experts have been involved in this process. This document is the product of long discussions and intense debates, as it defines the basic principles and framework for the protection of the environment of the Caspian Sea. Over the years, dozens of meetings took place in various Caspian states, and finally, in 2003 the document was adopted in Tehran,” Mutallimov said.

The adoption and approval of the provisions of this Convention by the Caspian littoral states prove that a document has been prepared that satisfies all parties. The special protocols, based on the principles of the framework document, contain the mechanism for determining the mistakes by any Caspian littoral country and what sanctions will be imposed in such cases. However, although four protocols have been signed so far, unfortunately, three of them have not yet entered into force as not all parties have ratified them.

“As its name suggests, the Tehran Convention is a legal framework agreement that provides for regional cooperation in solving environmental problems. The document includes a provision on the preparation of protocols to the Convention in various areas related to the protection of the marine environment and its implementation by the Caspian states. Those protocols already stipulate specific obligations. Four protocols to the Convention have been developed. Of these, only the Protocol concerning Regional Preparedness, Response and Co-Operation in combating Oil Pollution Incidents has entered into force. Although the Protocol on Environmental Impact Assessment in a Transboundary Context and the Protocol for the Conservation of Biological Diversity have been adopted, they are still not in force due to the lack of approval by all parties. The sides to the Convention develop procedures for the implementation of the provisions of the Convention and its Protocols. Besides, in case of any violation of any provision of the protocols and damage to the marine environment, the party which committed it will be subject to appropriate sanctions,” Mutallimov said.

Although not all of the Protocols adopted under the principles of the Convention have entered into force yet, it is an undeniable fact that this document is of great importance. It is no coincidence that the Convention on the Legal Status of the Caspian Sea, signed in Aktau on August 12, 2018, also defines the protection of the natural environment and ecology of the Caspian Sea, prevention of pollution, conservation, restoration and efficient use of biological resources, and protection of the Caspian Sea as basic principles.

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