National men’s health month kicked off

ArmenPress
April 7 2004

NATIONAL MEN’S HEALTH MONTH KICKED OFF

YEREVAN, APRIL 7, ARMENPRESS: Today when Armenia marks the
Motherhood and Beauty day, the biggest “Armenia” Medical Center has
announced the National Men’s Health Month, the purpose of which is to
heighten the awareness of preventable health problems and encourage
early detection and treatment of disease among men over 40.
The month gives health care providers, public policy makers, the
media, and individuals an opportunity to encourage men to seek
regular medical advice and early treatment for disease and injury.
All medical examinations will be carried out by the Center’s
diagnostic department, equipped with advanced electronics and will be
free of charge.
According to experts, men have higher age-adjusted death rates
than women for the 15 leading causes of death. Multiple factors
contribute to the elevated health risks of men. These factors include
economic marginality, adverse working conditions and gendered coping
responses to stress that lead to high levels of substance use, other
damaging behaviors and an aversion to protective health behaviors.
Beliefs about masculinity and manhood that are deeply rooted in
culture and supported by social institutions play a role in shaping
the behavior patterns of men in ways that have negative consequences
for their health.
Several prominent Armenian men, including health minister Norayr
Davidian, were the first to be examined today. “Recognizing and
preventing men’s health problems is not just a man’s issue. Because
of its impact on wives, mothers, daughters, and sisters, men’s health
is truly a family issue. Women are happy when they have healthy men
next to them,” he said.

Catholicos Aram donates $5000 to Pan-Armenian literary fund

ArmenPress
April 7 2004

CATHOLICOS ARAM DONATES $5,000 TO PAN-ARMENIAN LITERARY FUND

YEREVAN, APRIL 7, ARMENPRESS: Levon Ananian, the chairman of the
Union of Armenia’s Writers, told today in Yerevan that a March 26-28
constituent meeting of ethnic Armenian writers in the Middle East,
held in Antelias, Lebanon, was attended by around 40 writers from
Lebanon and Syria. The meeting was sponsored by Catholicos Aram I,
the head of the second Armenian Catholicosate, based in Lebanon.
Ananian said participants of the meeting refrained from touching
on political differences existing among three Armenian parties, the
Armenian Revolutionary Federation, Ramkavar Azatakan (Liberal
Democratic) and Hnchakian (Social Democratic), which have their
chapters in all strong Armenian communities abroad. He said the focus
was on efforts that may help to preserve Armenian identity, develop
teaching of Armenian and other pan-Armenian problems.
Ananian said Catholicos Aram I donated $5,000 to the Pan-Armenian
Literary Fund, established in Yerevan to help publish new literary
works and facilitate financial problems of those members of the Union
who are in need. Ananian said similar constituent meetings of ethnic
Armenian writers will be held in Iran, France and other countries.

Treat promised for chamber music lovers

UK Newsquest Regional Press – This is Wiltshire
April 7, 2004

Treat promised for chamber music lovers

CHAMBER music lovers will have a rare treat when American-based The
Performing Arts Trio of Pennsylvania gives its first recital in
Salisbury next Wednesday 7.30pm at Salisbury Cathedral School.

The trio consisting of violin clarinet and piano has put together a
programme of 20th century music.

Sophie Till violinist and daughter of the Dean of Winchester
explains: “Our recital opens with Milhaud’s Suite and then moves to
Bartok’s Contrasts commissioned by jazz clarinettist Benny Goodman
and violinist Joseph Szigeti. The duo requested a work in the style
of Bartok’s violin Rhapsodies.

“Khachaturian’s Trio in G minor displays the composer’s Armenian
heritage through his use of folk and dance music styles.

“Finally we end with Hause’s Labyrinth of Flames crafted as a poem
which should leave the listeners with food for thought.”

Canon Jeremy Davies chairman of the choral foundation is grateful to
the trio performing on the 14th in order to raise funds for the girl
choristers’ current tour to Sweden. Playing with Sophie Till is
Maureen Hurd on clarinet and Muriel Phillips on piano.

Admission to the recital is free but there will be a retiring
collection.

ANC of Albany to Sponsor Genocide Commemoration Events in Upstate NY

Armenian National Committee of Albany
7 Washington Avenue
Albany, NY 12205
[email protected]

PRESS RELEASE
April 7, 2004

Contact: Antranig Karageozian
[email protected]

ANC OF ALBANY TO SPONSOR ARMENIAN GENOCIDE COMMEMORATION EVENTS IN
UPSTATE NEW YORK

ALBANY, NY–A series of events commemorating the 89th Anniversary of the
Armenian Genocide are being organized in Albany this year, reported the
Armenian National Committee (ANC) of Albany.

On Friday, April 23, 2004, at 6:30 pm, the ANC along with the Armenian
American community of upstate New York, will gather at Troy Monument Square
to remember the 1.5 million Armenians that were massacred in the Ottoman
Empire from 1915 to 1923.

Among those joining the community will be Harry Tutunjian, mayor of Troy,
New York, who will present a mayoral proclamation declaring April 24, 2004,
Armenian Martyrs Day. In addition, proclamations from the State of New York
and the cities of Albany and Watervliet will be presented in commemoration
of the Armenian Genocide.

Following the program at Troy Monument Square, there will be a memorial
dinner and slide show hosted by the Homenetmen Albany chapter and the ANC.
This event will take place at the John Sarkis Auditorium at Holy Cross
Armenian Apostolic Church on 101 Spring Avenue in Troy.

On Saturday, April 24, 2004, at 5 pm, the ANC of Albany will show
“Discovering my Father’s Village,” a documentary on the Armenian Genocide by
Apo Torossian at Holy Cross Armenian Apostolic Church. After the movie,
“Stepan and his band” will perform a concert of Armenian revolutionary songs
for the audience.

On Sunday April 25, 2004, there will be a Memorial Service in memory of the
victims and survivors of the Armenian Genocide. The Service will be held at
Holy Cross Armenian Apostolic Church. Following church services, there will
be a presentation by the Albany Armenian Youth Federation (AYF) Shoushi
Chapter.

“We truly believe that the series of events we have organized will further
the Armenian cause in upstate New York,” stated ANC of Albany co-chairman
Leo Ohanian. “These events are meant to remember our past and to better
enlighten individuals on an important aspect of Armenian History.”

All commemoration events are free and open to the public. Further
information can be obtained by contacting Antranig Karageozian at
[email protected].

The Armenian National Committee is the largest Armenian American grassroots
political organization in New York and nationwide. The ANC actively advances
a broad range of issues of concern to the Armenian American community.

####

www.anca.org

“No secrets from our friends”

Agency WPS
DEFENSE and SECURITY (Russia)
April 7, 2004, Wednesday

“NO SECRETS FROM OUR FRIENDS”

SOURCE: Voyenno-Promyshlenny Kurier, No 12, March 31 – April 6, 2004,
p. 7

by Oleg Falichev

This is not the first article in Voyenno-Promyshlenny Kurier on the
meeting and decisions of the CIS Coordinating Committee for
antiaircraft defense, the meeting attended by the Committee under the
aegis f the CIS Council of Defense Ministers and representatives of
the military-industrial complex. It took place on the premises of
Granit enterprise. The Committee continued its work in Tver last week
– at the Military university of the Antiaircraft Forces. This meeting
was attended by representatives of CIS antiaircraft defense forces
and Russian Air Force Commander General Vladimir Mikhailov.

The 20th meeting of the Coordinating Committee analyzed 2003 and
charted plans for 2004 and even 2005.

Joint exercises with shooting practice elements in Russia (Ashuluk,
Telemba) are already a tradition. The exercises run between 1995 and
2003 involved 70 antiaircraft missile batteries, 60 crews of fighter,
bomber, and ground strafing aviation, and 14 jammer units. The next
exercise of the CIS United Antiaircraft Defense System with frontal
aviation is scheduled for April 7.

Actually, the special place in the negotiations was taken by
modernization of antiaircraft missile complexes and systems of CIS
armies, particularly the ones of the countries – members of the CIS
Collective Security Treaty.

Commanders of CIS antiaircraft defense answered some questions when
the meeting was over.

Kazakh Antiaircraft Defense Commander Major General Kopen Akhmadiyev

Akhmadiyev: The informational field where our antiaircraft systems
operate and the information we possess are the most valuable assets.
The CIS United Antiaircraft Defense System is going to be important
while this information remains pressing… Neither can we forget the
possibility of access to new technologies, the preferences we enjoy
in procurement of military hardware and spare parts…

These days, we can modernize military hardware and procure it. We are
solvent.

I happened to visit Almaz company. The antiaircraft systems produced
there do interest Kazakhstan. Of course, one short trip to the
manufacturer does not suffice. We will work in this direction, and we
will offer our recommendations to the government.

Ukrainian Antiaircraft Forces Commander Lieutenant General Anatoly
Toropchin

Toropchin: I’ll begin with saying that the Ukraine is working in the
CIS United Antiaircraft Forces System on the bilateral level. All the
same, we maintain contacts with its other members like Belarus. We
also help Turkmenistan via our defense enterprises… Our
Antiaircraft Forces are armed with the antiaircraft complex and
systems from Russia. They are all right.

All the same, we would like to participate in modernization of some
systems. The Nebo Ukrainy Sky of Ukraine association is working on it
on Kiev’s behalf now. These days, we mostly retain complexes of the
S-300 family and we want their resources extended. Of course, the
solution to financial problems is of paramount importance too. That
is why our prime minister sent the suggestion of making a Ukrainian
organization (Ukroboronservis) a part of the regional
financial-industrial group.

These days, we are about to complete formation of a new branch of the
Armed Forces on the basis of the Air Force and Antiaircraft Forces.
Calculations of out betters indicate that it will enable Ukraine to
make a transition to the budget of development. That means that 45%
investments into modernization and development will be invested into
antiaircraft missile systems and aviation.

Belarusian Antiaircraft Defense Commander Lieutenant General Oleg
Paferov

Paferov: We also modernize our antiaircraft systems, like the S-300s.
Their efficiency suits us fine.

We order military hardware from the Russian military-industrial
complex via the Russian Air Force. Still, we do participate in
discussion of the matters of technical maintenance and modernization,
and price policy, within the framework of the CIS United Antiaircraft
Defense System. In late 2003, the decision was made by the CIS
Collective Security Treaty enabling us to buy Russian military
hardware at the Russian domestic prices. What we want is its
mechanism working now.

NATO bases approaching the borders of Belarus and Russia from the
direction of the Baltic States and other countries worries us. As I
see it, the new challenges and threats demand an adequate answer.

Kyrgyz Antiaircraft Defense Commander Colonel Vladimir Valyaev

Valyaev: As I see it, the CIS United Antiaircraft Defense System
compensates for the weakness of any republican antiaircraft defense
and helps with other problems as well. For example, out antiaircraft
missile complexes reach into Kazakhstan. The Kazakh antiaircraft
defense in its turn covers half the territory of Kyrgyzstan. This is
a political problem, a problem of international politics demanding a
solution.

These days, our Antiaircraft Forces have S-125 and S-75 complexes. We
would like more sophisticated complexes of course, like the
Pechora-2A. It will do fine in our mountains. Unfortunately, we have
financial problems impending their procurement, hence our efforts to
find another solution.

Armenian Antiaircraft Forces Commander Major General Ararat Ambarjan

Ambarjan: Along with everything else, the CIS United Antiaircraft
Defense System is effective in joint combat training…

It is working smoothly now, without problems. Not in the passage of
signals, nor it notification. We cooperate with the Russian base in
Gyumri in protection of our borders.

Translated by A. Ignatkin

Russian, Belarus AFs demonstrate reaction to NATO eastward expansion

Baltic News Service
April 7, 2004

RUSSIAN, BELARUS AIR FORCES DEMONSTRATE REACTION TO NATO EASTWARD
EXPANSION

ZHELEZNODOROZHNY, Apr 07

Russian Air Force Commander-in-Chief Vladimir Mikhailov said that the
joint Russian-Belarus north-western air forces were capable of
reacting adequately to accession of the Baltic States to NATO.

“Our north-western air forces are capable of reacting adequately to
the actions taken. At the present time the Northwestern Air Forces do
not require any reinforcements,” Mikhailov told reporters on
Wednesday, commenting on the deployment of four NATO aircraft in the
Baltic States.

The Russian Air Force commander-in-chief is supervising the command
post exercise of the CIS Unified Air Defense System. “It has been
proved once again that the CIS Unified Air Defense System is very
reliable,” Mikhailov said.

He said that as of 11:30 a.m. Moscow time (0730 GMT) a total of seven
simulated air targets have been detected, tracked, and destroyed
within the framework of the exercise. “All the targets were
represented by aircraft,” Mikhailov clarified.

He said that the A-50 AWACS aircraft, participating in the exercise,
was operating over Dagestan. “It was supposed to have been deployed
over Armenia, but later on it was decided that the aircraft would
operate over the Russian territory, as Georgia had provided an air
corridor too late. At the present time it is operating at such an
altitude, which allows it to monitor the Armenian airspace as well,”
Mikhailov said.

The Baltic states joined the NATO alliance on March 29 with NATO
fighter jets deployed at the Zokniai air base in northern Lithuania
on the same day for patrolling the Baltic skies, causing negative
reaction on behalf of Russian politicians.

ARKA News Agency – 04/07/2004

ARKA News Agency
April 7 2004

Presentation of NAFNAF French shop takes place in Yerevan

RA NA Speaker condemns attacks on journalists

CBA Chairman receives premium `For Biggest Contribution in
Development of Foreign Trade Links’

RA President Robert Kocharian presents his congratulations in
accordance to Maternity and Beauty Day

*********************************************************************

PRESENTATION OF NAFNAF FRENCH SHOP TAKES PLACE IN YEREVAN

YEREVAN, April 7. /ARKA/. Presentation of NAFNAF French shop took
place in Yerevan. According to French Ambassador Extraordinary and
Plenipotentiary to Armenia Anri Cuni, `the opening of the shop proves
that Armenian market is interesting enough to French companies’.
According to representative of NAFNAF Company Olivier Felix, the
initiative of the opening of the shop came from Armenian Company
Vielan. `If Vielan would like to expand business more in the future,
we will not be against it’, Felix said.
Annual turnover of NAFNAF Group in 2002 made 182 million Euro. L.D.
–0–

*********************************************************************

RA NA SPEAKER CONDEMNS ATTACKS ON JOURNALISTS

YEREVAN, April 7. /ARKA/. RA NA Speaker Arthur Baghdasarian condemned
attacks on journalists that took place on April 5. `Condemnation by
word should not become a fashion in Armenia. Condemnation should be
followed with concrete actions and the guilty should be called to
responsibility’, he stressed. He added that journalists in Armenia
have been attacked before. `And who was punished?’, rhetorically
asked Baghdasarian.
The meeting of Artashes Geghamyan with people on April 5 was fraught
with serious consequences for the operators and reporters. Unknown
provocateurs broke the cameras of Kentron TV Company, Hai TV, and
PTA. The tape recorder of Shant TV Company’s operator was taken away.
L.D. –0 –

*********************************************************************

CBA CHAIRMAN RECEIVES PREMIUM `FOR BIGGEST CONTRIBUTION IN
DEVELOPMENT OF FOREIGN TRADE LINKS’

YEREVAN, April 7. /ARKA/. CBA Chairman Tigran Sargsian received
premium `For Biggest Contribution in Development of Foreign Trade
Links’. The premium was established at the conference `Armenian
Economy in the View of Foreign Mass Media’. According to CBA press
release, awarding ceremony took place on April 7, 2004 in CBA hall.
First annual conference `Armenian Economy in the View of Foreign Mass
Media’ took place in Yerevan on April 3. The conference was organized
by UMEA, Master Center, and Association of Foreign Correspondents of
Armenia in official support of RA Ministry of Trade and Economic
Development and RA MFA. L.D. –0–

*********************************************************************

RA PRESIDENT ROBERT KOCHARIAN PRESENTS HIS CONGRATULATIONS IN
ACCORDANCE TO MATERNITY AND BEAUTY DAY

YEREVAN, April 7. /ARKA/. RA President Robert Kocharian presented his
congratulations in accordance to Maternity and Beauty Day,
President’s press office told ARKA. The letter says that basic
mission of a woman – maternity – traditionally deserved respect and
exaltation in out society. `Today you continue to be worthy keepers
of family hearth. Let your families always live in peace, harmony and
cordiality’, the letter said. L.D. –0–

Russian & Iranian railroads may become part of single int’l network

RIA Novosti, Russia
April 7 2004

RUSSIAN AND IRANIAN RAILROADS MAY BECOME PART OF A SINGLE
INTERNATIONAL TRANSPORT NETWORK

MOSCOW, April 7, 2004. (RIA Novosti) – Russia and Iran share a common
view on a strategy of developing of international transport
corridors, Gennady Fadeyev, the president of Russian Railways, said
after talks in Tehran with Iranian Minister of Roads and Transport
Ahmad Khoram and the head of the Iranian Railways, Mohammad Saeid
Nejad.

Mr. Fadeyev’s statement was included in a Russian Railways press
release.

“The sides agreed on a common development strategy for organizing
international transport corridors for both countries’ railroads. The
north-south corridor plays a key role here,” the press release notes.

During the talks, Mr. Fadeyev and his Iranian counterparts discussed
the possibility of transporting cargo by a Europe-Russia-Iran route
and which would eventually end in Madras, India.

The $177 million project to build a railroad from Astara (on the
Azerbaijan-Iran border) to Qazvin (200 kilometers northwest of
Tehran) was also discussed.

According to Mr. Fadeyev, Russian Railways can participate in
designing and building the railroad. There is also a proposal to set
up an Iran, Azerbaijan and Russia consortium to operate this section
of the railroad.

If this railroad is built and the border-crossing point at Julfa (in
the Nakhichevan autonomy of Azerbaijan) is restored the north-south
transport corridor will have three high-capacity outlets – a Caspian
Sea port, a railroad across Azerbaijan, and a railroad through
Armenia.

Iran displayed interest in cooperating with the Russians in
purchasing accessories: wheels, railroad car casting, rails and
sleeper cars. The press release says that the issues concerning the
delivering of safety systems was also discussed.

The Russian Railways president and Iran’s minister of roads and
transport discussed the prospect of setting up a direct, non-stop
Moscow-Tehran line. They hope that Azerbaijan, the line will pass
through its territory, will support the idea.

The economic advantages of the north-south transport corridor to
transport goods to and from Europe and Asia compared with the sea
route via the Suez canal were emphasized at the meeting, the press
release notes.

The cost of transporting cargo from Frankfurt by sea is estimated at
$5,670 for a 40-foot container, while transporting it through the
north-south corridor will only cost $3,670. The transportation time
will also be cut from five days to three, the press release says.

CoE chief to discuss Azerbaijan’s HR record with officials in Baku

RIA Novosti, Russia
April 7 2004

COUNCIL OF EUROPE CHIEF TO DISCUSS AZERBAIJAN’S HUMAN RIGHTS RECORD
WITH OFFICIALS IN BAKU

BAKU, APRIL 7, 2004, (RIA NOVOSTI – Walter Schwimmer,
Secretary-General of the Council of Europe, has arrived in the Azeri
capital of Baku for a two-day visit. Here, he will meet with senior
government officials to discuss the implementation by Azerbaijan of
the obligations it assumed prior to its CoE accession.

Speaking to reporters about the issue of political prisoners in
Azerbaijan, Mr. Schwimmer described as an “important step” President
Ilkham Aliyev’s March decree granting pardon to 129 convicts. He also
pointed out that Council of Europe observers would be closely
watching the trials of participants in the disturbances of October 15
and 16, following presidential elections in the republic.

Mr. Schwimmer is scheduled to meet with President Aliyev, Parliament
Speaker Murtuz Aleskerov, Cabinet ministers, leaders of the
Opposition, activists of public organizations, and CoE member
nations’ ambassadors to Azerbaijan.

At his forthcoming Baku meetings, the Council of Europe
Secretary-General will discuss, among other things, the development
of cooperation between Azerbaijan and European countries and the
settlement of disputes, notably the Azeri-Armenian conflict over the
Nagorny Karabakh region (the OSCE has long been mediating in the
conflict, but without much effect).

Mr. Schwimmer is expected to appear before the students and the
faculty of the University of Baku, as well as to attend the
ribbon-cutting ceremony for the Council of Europe’s new information
office in Baku. He will also present here the Azeri version of his
book “Der Traum Europa” (“The Dream of Europe”).

Divide and Conquer? The Russian Plan for Ownership of The Caspian

DIVIDE AND CONQUER? THE RUSSIAN PLAN FOR OWNERSHIP OF THE CASPIAN SEA

Boston College International and Comparative Law Review
Winter, 2004

By Ben N. Dunlap (FNa1)

Abstract:

The search for alternative sources of oil has renewed U.S. interest in
the Caspian Sea. Bordered by Russia, Azerbaijan, Iran, and the Central
Asian states of Kazakhstan and Turkmenistan, the Caspian Sea contains
up to thirty-three billion barrels of proven oil reserves. The legal
status of the Caspian has remained unresolved since the collapse of
the Soviet Union, however. In the early 1990s Russia joined with Iran
to argue for common ownership of the sea by all five states, aiming
for veto power over Western involvement in the region. Now, Russia
argues for dividing the seabed (and the oil and gas underneath it)
into national sectors, while leaving most of the surface waters for
common management and use. The Russian solution offers political and
economic benefits to both Russia and the United States in the short
run, but may be an unsound basis for long-term stability in the
Caspian region.

INTRODUCTION

Since the September 11, 2001 terrorist attacks against the United
States, fears about U.S. dependence on Persian Gulf oil have
intensified. (FN1) With three-fifths of the world’s oil reserves
concentrated in the Persian Gulf, the United States and other Western
nations have increased efforts to ensure the continued availability of
oil elsewhere in the event of a catastrophic terrorist attack or a
destabilizing conflict in the region. (FN2) As a result, the search
for alternative sources of oil has renewed U.S. interest in the
potentially oil-rich Caspian Sea. (FN3) Bordered by Russia,
Azerbaijan, Iran, and the Central Asian states of Kazakhstan and
Turkmenistan, the Caspian Sea contains an estimated seventeen to
thirty-three billion barrels of proven oil reserves. (FN4) In the
early 1990s, U.S. oil companies Amoco and Chevron pioneered the
development of Caspian oil reserves off the coasts of Azerbaijan and
Kazakhstan. (FN5) The U.S. government championed the construction of
a new oil pipeline to bypass Russia and Iran by transporting Caspian
oil to Western markets via Azerbaijan and Turkey. (FN6) Uncertainty
about the Caspian’s legal status, however, has hindered development of
the sea’s oil reserves. (FN7) Soviet-Iranian treaties governed the
Caspian’s use in the Soviet era, but since the breakup of the Soviet
Union in 1991, the new Caspian states have failed to agree on how to
divide its vast resources. (FN8) In the early 1990s, Russia joined
with Iran to argue for common ownership of the sea by all five states,
aiming for veto power over Western involvement in the region. (FN9)
Now, Russia argues for dividing the seabed (and the oil and gas
underneath it) into national sectors, while leaving most of the
surface waters for common management and use. (FN10) More importantly,
Russia has signed bilateral treaties with Azerbaijan and Kazakhstan,
effectively dividing the northern part of the seabed 7 into Russian,
Azerbaijani, and Kazakhstani national sectors. (FN11) Iran insists
that the old Soviet- Iranian treaties are still in force and refuses
to sign or recognize any bilateral treaties carving up the sea until a
new multilateral convention is concluded by all five Caspian
states. (FN12)

This Note examines Russia’s proposed solution for the Caspian’s legal
status and its implications for U.S. interests in the region. Part I
provides a brief history of Caspian oil and an overview of post-1991
attempts to resolve the Caspian’s legal status. Part II discusses
proposed legal solutions, with special attention to Russia’s proposal
and its legal validity. Part III analyzes the implications of
Russia’s proposed resolution for Russia, Iran, and the United
States. Part IV concludes that the Russian solution offers political
and economic benefits to both Russia and the United States in the
short run, but may be an unsound basis for long-term stability in the
Caspian region.

I. BACKGROUND

A. Short History of Caspian Oil

Caspian oil fields began producing oil near Baku, Azerbaijan in 1871
and accounted for half the world’s still limited production in
1900. (FN13) The Soviets expanded their extraction operations, but
never fully explored the 700- mile-long Caspian Sea for new oil
fields, in part because they lacked the technology to exploit
effectively the reserves they found. (FN14) Following the breakup of
the Soviet Union in 1991, discovery of significant oil reserves in the
Caspian basin cast the region in a new light. (FN15) Early estimates
were as high as 659 billion barrels, or two-thirds of the world’s
known reserves. (FN16) Most of the oil discovered is located off the
coasts of Azerbaijan, Kazakhstan, and Turkmenistan. (FN17) Azerbaijan
8 and Kazakhstan, in particular, have concluded deals with foreign oil
companies to extract Caspian oil and transport it to world
markets. (FN18) Firms in the United States have acquired seventy-five
percent of Kazakhstan’s onshore Tengiz oil field, while a consortium
including Italy’s ENI, British Gas, ExxonMobil, France’s TotalFinaElf,
and Royal Dutch Shell is developing the newly discovered offshore
Kashagan field. (FN19) British Petroleum (BP) is leading the
Azerbaijan International Operating Company’s efforts to discover,
extract, and transport oil located off Azerbaijan’s coast. (FN20)
Chief among those efforts is the construction of a new pipeline from
Baku, Azerbaijan, through Tbilisi, Georgia, to Ceyhan, Turkey, which
U.S. policymakers hope will serve as the main export pipeline for
Caspian oil. (FN21)

In addition to U.S. and Western European firms, Russia’s largest oil
company, LUKoil, is currently a consortium member in Kazakh extraction
and transport projects and is negotiating a possible investment in the
Baku-Tbilisi-Ceyhan (BTC) pipeline. (FN22) Until recently, LUKoil also
held a stake in a sizable Azerbaijani oil field. (FN23)

B. Caspian Geopolitics

Drawn by cheap oil and the Caspian’s strategic location at the
crossroads of east and west, regional and world powers have converged
on the Caspian region to stake out and defend their political and
economic interests. (FN24) In particular, the United States, seeking
to diversify its energy supply and bolster the independence of the
former Soviet states in the region, has been adamant in its support
for multiple pipelines to transport Caspian oil to Western markets.
(FN25) U.S. policies for Caspian oil development benefit primarily
Azerbaijan, Georgia, and United States’ 9 NATO ally, Turkey, by
routing the BTC pipeline through those countries. (FN26) The BTC
pipeline will also benefit Kazakhstan if plans to export Kazakhstani
oil through it come to fruition. (FN27) As a result, throughout the
1990s, U.S. pipeline diplomacy alienated Russia and fueled Iran’s
fears of a long-term U.S. presence in the region that would exclude it
from any future development of Caspian oil. (FN28)

The strategic importance of the Caspian is underscored by security
concerns in the region. (FN29) To the northwest, Russian forces
continue to battle separatists in Chechnya. (FN30) To the west, an
uneasy peace holds in Nagorno-Karabagh, the predominantly Armenian
enclave in Azerbaijan that was the scene of horrific ethnic warfare in
the early 1990s. (FN31) To the east, Tajikistan suffered a protracted
civil war in the 1990s. (FN32) Kyrgyzstan and Uzbekistan both have
faced incursions by Islamic militant terrorists in recent
years. (FN33)

Since September 11, 2001, the United States has been particularly
concerned about nonstate actors and the threat of terrorism in the
Caucasus and Central Asia. (FN34) Proximity to the markets of Europe
and Iran and the porous borders of the former Soviet states make the
Caspian a convenient conduit for narcotics produced in Afghanistan and
Pakistan, and for weapons destined for sale to terrorists and
insurgents throughout Central Asia. (FN35) U.S. policymakers also fear
that the Caspian could become a smuggling route for weapons of mass
destruction. (FN36)

C. Legal Status of the Sea

1. UNCLOS and the Law of Inland Lakes Neither the international law of
the sea nor the law of inland lakes applies directly to the Caspian
Sea. (FN37) The Caspian is landlocked and has traditionally been used
only by the states that border it. (FN38) It is therefore unlike the
waters governed by the law of the sea, which are open to navigation by
all states. (FN39) Yet, its size, salt water, and hydrocarbon- rich
seabed also distinguish it from most lakes under international
law. (FN40) Both the law of the sea and the law of lakes have been
useful, however, in shaping the solutions that the littoral states
have advocated. (FN41)

The 1982 United Nations Convention on the Law of the Sea (UNCLOS)
essentially provides for the extension of a maritime state’s land
borders 200 miles into the sea. (FN42) The first twelve miles are
equivalent to a state’s sovereign territory on land, while the
remainder is the Exclusive Economic Zone (EEZ), in which the state
enjoys exclusive fishing and mining rights. (FN43)

Application of UNCLOS to the Caspian Sea would be complicated by the
sea’s dimensions, since the EEZs of Azerbaijan and Turkmenistan, for
instance, which are situated less than 400 miles apart across the sea,
would overlap. (FN44) In such cases, boundaries are usually drawn at a
point halfway between the two coastlines. (FN45) Thus, UNCLOS would
provide for division of the water and seabed into national sectors
roughly proportional to the length of each maritime state’s
coastline. (FN46) According to one calculation for such a division,
Kazakhstan would 1 control 29.9% of the Caspian; Azerbaijan, 20.7%;
Turkmenistan, 19.2%; and Russia and Iran–only 15.6% and 14.6%,
respectively. (FN47)

Not surprisingly, in the 1990s Azerbaijan and Kazakhstan argued in
favor of applying UNCLOS to the Caspian Sea, aiming to push ahead with
big oil projects off their coasts. (FN48) In recent years, however,
they have come to support the Russian proposal, which incorporates the
UNCLOS concept most important for their interests–division of the
seabed into proportional national sectors. (FN49) If the Caspian were
treated as a lake, ownership of its mineral resources would not differ
substantially from an arrangement under UNCLOS. (FN50) Rather, the key
difference would lie in the use of its surface waters. (FN51) The
surface waters of international lakes, unlike those of seas, can be
used exclusively by the states bordering them. (FN52) Russia has
borrowed this principle for the “common waters” element of its
proposed solution. (FN53)

2. Soviet-Iranian Treaties and the “Condominium” Principle

Much of the current legal dispute regarding the Caspian focuses on
treaties signed in 1921 and 1940 by the Soviet Union and Iran. (FN54)
The treaties provide for exclusive use of the Sea by the Soviet Union
and Iran, but cover only fishing and navigation rights, not mining
rights. (FN55) The 1940 treaty further stipulates a ten-mile fishing
zone extending from each state’s shoreline. (FN56)

Iran argues that the Soviet era treaties provide for common management
of the seabed and waters outside the ten-mile zone, according 2 to the
“condominium” principle. (FN57) Under such an arrangement, any oil
exploration and drilling operations undertaken in the Caspian would
have to meet the approval of all the bordering states. (FN58) As a
result, Iran suggests that Azerbaijan, Kazakhstan, and Turkmenistan
should suspend their oil and gas producing activities in the Caspian
until a new multilateral agreement is reached. (FN59) Russia also
argued for this approach in the early 1990s, but it has recently begun
supporting a division of the seabed and common management of the
surface waters. (FN60)

3. Recent Developments: Russia’s Proposed Solution In 1998, Russia
moved closer to the Azerbaijani and Kazakhstani positions by accepting
division of the seabed into proportional national sectors, but still
insisted on common management of the surface waters. (FN61) In the
spring and early fall of 2002, Russia signed agreements with
Azerbaijan and Kazakhstan recognizing national sectors based on lines
drawn in the middle of the sea halfway between each state. (FN62)
Russian diplomats have also succeeded in persuading Azerbaijan and
Kazakhstan to support Russia’s “divided bottom, common waters”
position in multilateral negotiations on the sea’s status among the
five states. (FN63) Thus, there is now general agreement among Russia,
Azerbaijan, and Kazakhstan on both the principle and the method of
dividing rights to the seabed and the oil beneath it. (FN64) For
Russia, coming to advocate this position has meant dropping any
“Soviet” claims to the oil-rich areas off the coast of Kazakhstan and
Azerbaijan, and giving up its struggle to block the BTC oil
pipeline. (FN65) 3 Russia has made these concessions for several
reasons. (FN66) Most significantly, under President Vladimir Putin’s
leadership, Russia has become more engaged in the negotiation process
and sought to maximize Russia’s share of economic wealth and
diplomatic influence in the Caspian. (FN67) Also, Russia has repaired
its pipelines to Western markets, built a new pipeline that bypasses
the troubled republic of Chechnya, and completed a joint project with
Kazakhstan to transport oil through a new pipeline that crosses
Russia. (FN68) Furthermore, Russian oil companies, such as LUKoil,
have pushed the Russian Foreign Ministry to make a deal with Russia’s
neighbors so that they can proceed with their own extraction
activities in the Caspian. (FN69) LUKoil is already working in
Azerbaijan and Kazakhstan and in new oil fields discovered off
Russia’s Caspian shores. (FN70) Russia has also proposed an oil
export deal with the United States and become a partner in the
U.S.-led “war on terror.” (FN71)

In contrast to Russia, Iran has shown little willingness to
compromise. (FN72) In addition to common management of the entire sea
and seabed, Iran’s negotiators have proposed an alternative solution:
division of the sea into five equal national sectors (twenty percent
each)–a position which none of the other states supports. (FN73)
Moreover, Iran has recently attempted to force concessions from the
other Caspian states by demonstrating its potential as a
spoiler. (FN74) In July 2001, an Iranian gunboat chased two BP survey
ships from a disputed oil field in the southern Caspian. (FN75) BP
immediately suspended all activity under its contract with Azerbaijan
in the disputed oil field. (FN76) Both the United States and Russia
protested the Iranian action. (FN77) The July 2001 incident
underscored Iran’s isolation, and events since then have demonstrated
the extent to which the other Caspian 4 states have aligned themselves
with Russia. (FN78) Following the unsuccessful April 2002 Caspian
Summit in Turkmenistan, at which Iran alone insisted on an equal
division of the sea, President Putin ordered large-scale military
exercises on the Caspian for August 2002. (FN79) Azerbaijan and
Kazakhstan also took part in the exercises, but Iran was pointedly
excluded. (FN80)

II. DISCUSSION

A. Russia’s Legal Arguments

Russia’s current legal argument regarding the status of the Caspian
Sea can be described as a “divided bottom, common waters”
approach. (FN81) Russia advocates dividing the seabed into national
sectors corresponding roughly to the amount of shoreline controlled by
each state, but leaving the surface waters, outside a fifteen-mile
territorial band, to be managed by all the states in common. (FN82) To
resolve disputes arising over claims to overlapping oil fields, Russia
proposes developing sharing agreements on a bilateral basis. (FN83) To
codify this argument permanently, Russia has concluded bilateral
treaties with its neighbors, Azerbaijan and Kazakhstan. (FN84) These
treaties cover the northern part of the sea, effectively dividing it
into Russian, Azerbaijani, and Kazakhstani national sectors. (FN85)
The legal effect of these bilateral treaties in the absence of a new
multilateral convention is not entirely clear, since it hinges on
whether the old Soviet-Iranian treaties remain in force, as Iran
argues 5 they do. (FN86) If the Soviet era treaties dissolved along
with the Soviet Union in 1991, or if they never effectively governed
ownership of the Caspian, then the new bilateral treaties between
Russia, Azerbaijan, and Kazakhstan should be governing law in the
Caspian. (FN87) If, however, the old Soviet era treaties are still in
force, then Iran may have a legal foothold for its argument that no
new bilateral treaties are valid in the absence of a new multilateral
agreement. (FN88)

B. Iran’s Legal Arguments

Iran contends that the 1921 and 1940 Soviet-Iranian treaties will
remain in force until a new multilateral convention is agreed upon by
all five littoral states. (FN89) Furthermore, Iran demands that any
new multilateral agreement provide for common management of both the
surface waters and the seabed, or, alternatively, for division of the
sea into equal national sectors–twenty percent each. (FN90)

Iran’s legal argument concerning the treaties has four main
weaknesses. (FN91) First, it gives great weight to general
Soviet-Iranian treaties that make little mention of the Caspian, and
are completely silent about division or ownership of the
seabed. (FN92) Second, it argues for a common ownership regime of the
Caspian’s resources when in fact such a regime is not explicit in the
treaties. (FN93) Such a common ownership regime would, therefore, have
to be inferred, but neither the Soviet Union nor Iran treated the
Caspian as joint property during the Soviet era. (FN94) Third, the
Soviets engaged in oil extraction activities outside the ten-mile
exclusive fishing zone stipulated in the treaty, with no objection
from Iran. (FN95) Some have suggested that Iran’s silence about de
facto divisions during the Soviet era should preclude it from raising
objections 6 to national divisions today. (FN96) Finally, Iran has
refused to recognize the continued validity of the 1921 and 1940
treaties in other areas they governed, such as security. (FN97)

III. ANALYSIS

A. Implications for Russia, Azerbaijan, and Kazakhstan

If Russia’s proposed solution becomes codified as international law–
either as a system of bilateral agreements, or as the basis for a new
Caspian convention–Russia will likely be the biggest winner for
several reasons. (FN98) First, playing a visible role in securing a
legal regime will allow Russia to be seen as a stabilizing force in
the region. (FN99) Second, Russia’s close cooperation with Azerbaijan
and Kazakhstan on this narrow legal question will facilitate
reciprocal cooperation from those states on problems Russian leaders
care deeply about, such as the instability in Chechnya. (FN100) Third,
division of the seabed into national sectors helps influential Russian
oil companies to pursue development of recently discovered reserves in
the Russian sector, as well as to engage in joint activities with
Azerbaijani and Kazakhstani counterparts. (FN101) Finally, the “common
waters” approach will give Moscow a free hand to patrol the Caspian
and fight what it calls crime and terrorism as it deems
necessary. (FN102)

Azerbaijan and Kazakhstan have traditionally been cautious in their
bilateral relations with Russia regarding the Caspian. (FN103)
However, the chief advantages of the Russian solution for Azerbaijan
and Kazakhstan are the clarity of sovereign rights, and, at least in
the short 7 run, cooperative relations with their Russian
neighbor. (FN104) Azerbaijan and Kazakhstan would no doubt prefer a
multilateral legal regime codifying the seabed boundaries, which would
make abrogation by any one party more difficult. (FN105) Nonetheless,
given their interest in securing their rights sooner rather than
later, and Iran’s intransigence, a system of bilateral treaties may be
the best solution Azerbaijani and Kazakhstani leaders can hope for at
the present time. (FN106)

B. Implications for the United States

The “divided bottom, common waters” approach offers several benefits
for U.S. interests. (FN107) The chief priorities of U.S. policy toward
the Caspian region continue to be the security of energy transport
routes, independence of the former Soviet Caspian states, and
isolation of Iran. (FN108) A Caspian legal regime that creates
definite boundaries and gives each border state sovereign control over
the resources in its national sector will favor these
interests. (FN109) A multilateral agreement based on clear national
sectors for the seabed and common management of most of the surface
waters would also be an encouraging sign for U.S. investors in the
region. (FN110) The actual borders would have to be drawn, and
disputes resolved over overlapping claims to oil and gas fields lying
between two sectors, but the series of bilateral agreements already in
place would help demarcate borders. (FN111) The U.S. government has an
additional stake in the success of some Caspian investment projects,
having provided risk insurance to the corporations investing in the
BTC pipeline through U.S. government financial institutions, including
the Overseas Private Investment Corporation (OPIC) and the
Export-Import Bank (Ex-Im Bank). (FN112)

The United States also has important security concerns in the Caspian
region with regard to its “war on terror.” (FN113) Russian
predominance in the Caspian region may have distinct advantages for
the United States in this respect. (FN114) Both the United States and
Russia, for instance, have strong interests in keeping terrorists away
from pipelines and oil-rigs, although they may disagree on the best
means for doing so. (FN115) Moreover, Russia’s security interests will
ensure its engagement in the region for the foreseeable future, while
Russia’s proximity to and familiarity with the region make it better
positioned than the United States to act on issues of mutual
concern. (FN116)

Nevertheless, for the long run, the United States should consider
carefully the implications of Moscow’s taking on a role as a
unilateral military and police power in the Caspian. (FN117) Such a
course may be expedient while U.S. and Russian interests overlap, but
it will be difficult to intervene if Russian leaders begin to act on
interests that conflict directly with those of their neighbors and
partners. (FN118)

C. Implications for Iran

For Iran, the Russian-backed, “divided bottom, common waters” approach
offers several disadvantages. (FN119) First, it will deny Iran key
economic opportunities. (FN120) The plan effectively excludes Iran
from any significant development of the Caspian’s oil and gas, since
the fourteen percent share that would be allocated to Iran contains
the least proven oil and gas reserves and the deepest water. (FN121)
Meanwhile, proactive treaty- making by Russia, Azerbaijan, and
Kazakhstan is rapidly closing off Iran’s ability to bargain for things
it desires most, such as securing support for a future oil export
route south through its territory. (FN122)

9 Second, Iran also fears instability in the region. (FN123)
Specifically, Iran has concerns that any strengthening of Azerbaijan
will embolden Iran’s significant ethnic Azerbaijani population,
possibly leading to political and social upheaval in the northern
parts of the country that border Azerbaijan. (FN124) Furthermore,
Iran’s feelings of insecurity may be exacerbated by tacit U.S. support
for Russia’s legal solution for the Caspian. (FN125) The possibility
of a large U.S. military presence on Iran’s border, depending on
future events in Iraq, will heighten feelings of insecurity in Tehran.
(FN126)

Iran may yet win some concessions in a final agreement on the
Caspian’s status, but given the current situation, that scenario looks
unlikely. (FN127) In the absence of a multilateral agreement involving
all five Caspian states, it is difficult to see how the bilateral
treaty system created by Russia, Azerbaijan, and Kazakhstan will
prevent further conflict arising over the disputed oil fields in the
southern part of the sea. (FN128) If Iranian leaders decide they have
nothing to lose, they may seek to disrupt other states’ activities in
the Caspian. (FN129) Iran would not have to engage in actual
hostilities to have an impact on the economic activities of the
Caspian states. (FN130) As the BP incident proved in July 2001,
foreign oil executives have a low tolerance for political uncertainty
in the region. (FN131)

CONCLUSION

Russia’s proposal for resolving the Caspian’s legal status is likely
to emerge as the defining legal framework for the sea–either as part
of a new Caspian convention or as a system of bilateral treaties. As
such, Russia’s plan offers important benefits to both Russian and
U.S. economic and political interests in the short term. However, it
may be an unsound basis for long-term security and strategic
interests. In particular, future events in Iran and Russia may have a
profound impact on the viability of the Russian-proposed solution.

Developments in Iranian domestic politics could affect Iran’s
willingness to recognize a Caspian treaty regime that excludes its
interests. The power struggle between President Mohammed Khatami’s
moderate administration and the hard-line clerics who control Iran’s
foreign policy raises questions about the possibility of a leadership
change and its effect on Iran’s relations with its Caspian neighbors.

Another potential problem with Russia’s proposed legal regime is that
its success or failure is directly linked to the maintenance of good
relations among the Caspian states. Neither Russia’s rapprochement
with Azerbaijan and Kazakhstan, nor its antiterror partnership with
the United States is a significant departure from the country’s
Russia-first foreign policy. Rather, both developments indicate a
pragmatic approach to pursuing Russia’s national interests. As those
interests change in the coming years, they will likely diverge from
the interests of their neighbors and those of the United States.

The “divided bottom, common waters” approach is essentially a
political solution to a legal problem. In the next several years, it
will help foster cooperation and get the oil flowing. In the longer
run, however, a number of events, such as leadership changes in Russia
or Iran or new trouble in Chechnya, may undermine the political
foundation of any agreement based on the Russian plan.

(FNa1). Ben N. Dunlap is the Solicitations and Symposium Editor of the
Boston College International & Comparative Law Review.

(FN1). Addicted to Oil, THE ECONOMIST, Dec. 15, 2001, at 9.

(FN2). Id.; A Dangerous Addiction, THE ECONOMIST, Dec. 15, 2001, at
15.

(FN3). See Michael Lelyveld, Caspian: Presidents Launch Construction
of Oil Pipeline, RADIO FREE EUROPE — RADIO LIBERTY (Sept. 18, 2002),
at
(hereinafter Lelyveld, Presidents Launch Construction); Lucian
Pugliaresi, Energy Security: How Valuable is Caspian Oil?, Caspian
Studies Program (Jan. 2001),

(FN4). ENERGY INFO. ADMIN., U.S. DEP’T OF ENERGY, COUNTRY ANALYSIS
BRIEFS: CASPIAN SEA REGION, at
(Aug. 2003)
(hereinafter D.O.E., CASPIAN SEA REGION).

(FN5). See Fiona Hill, Pipeline Dreams in the Caucasus, in CAUCASUS
AND THE CASPIAN SEMINAR TRANSCRIPTS (SDI Project ed., 1996),
(hereinafter Hill, Pipeline Dreams).

(FN6). Id.; ENERGY INFO. ADMIN., U.S. DEP’T OF ENERGY, CASPIAN SEA
REGION: OIL EXPORT OPTIONS, at
(July 2002)
(hereinafter D.O.E., EXPORT OPTIONS); Lelyveld, Presidents Launch
Construction, supra note 3.

(FN7). See ENERGY INFO. ADMIN., U.S. DEP’T OF ENERGY, CASPIAN SEA
REGION: LEGAL ISSUES, at
(July 2002) (hereinafter D.O.E., LEGAL ISSUES).

(FN8). See id.; see also Geoffrey Kemp, U.S.-Iranian Relations:
Competition or Cooperation in the Caspian Sea Basin, in ENERGY AND
CONFLICT IN CENTRAL ASIA AND THE CAUCASUS 148-49 (Robert Ebel & Rajan
Menon eds., 2000) (hereinafter ENERGY AND CONFLICT); Peter Rutland,
Paradigms for Russian Policy in the Caspian Region, in ENERGY AND
CONFLICT, supra, at 177.

(FN9). See D.O.E., LEGAL ISSUES, supra note 7; see also Kemp, supra
note 8, at 148-49; Rutland, supra note 8, at 177.

(FN10). Vystuplenie Prezidenta Rossii V.V. Putina na vstreche glav
prikaspiiskikh gosudarstv (Russian President Vladimir Putin, Address
at the Summit of Caspian Heads of State), available at
(Apr. 23, 2002) (hereinafter Putin Address).

(FN11). See D.O.E., LEGAL ISSUES, supra note 7; Sergei Blagov,
Kazakhstan Pushes for Trilateral Caspian Deal, ASIA TIMES ONLINE,
Oct. 10, 2002, at
(hereinafter
Blagov, Kazakhstan).

(FN12). See D.O.E., LEGAL ISSUES, supra note 7.

(FN13). See Hill, Pipeline Dreams, supra note 5; Bruce R. Kuniholm,
The Geopolities of the Caspian Basin, 54 MIDDLE E. J. 546 (2002),
LEXIS, Nexis Library, Magazine File.

(FN14). D.O.E., CASPIAN SEA REGION, supra note 4.

(FN15). See Kuniholm, supra note 13.

(FN16). Id.

(FN17). D.O.E., CASPIAN SEA REGION, supra note 4; ENERGY INFO. ADMIN.,
U.S. DEP’T OF ENERGY, CASPIAN SEA REGION: RESERVES AND PIPELINES
TABLES, at http:// (July
2002).

(FN18). D.O.E., CASPIAN SEA REGION, supra note 4.

(FN19). Jan H. Kalicki, Caspian Energy at the Crossroads, FOREIGN
AFFAIRS, Sept.-Oct. 2001, LEXIS, Nexis Library, Magazine File.

(FN20). Id.

(FN21). See id.; D.O.E., CASPIAN SEA REGION, supra note 4.

(FN22). ENERGY INFO. ADMIN., U.S. DEP’T OF ENERGY, KAZAKHSTAN: MAJOR
OIL AND NATURAL GAS PROJECTS, at
(June 2002)
(hereinafter DEP’T OF ENERGY, KAZAKHSTAN); Michael Lelyveld,
Iran/Azerbaijan: U.S. Rejects Military Involvement in Caspian Dispute,
RADIO FREE EUROPE — RADIO LIBERTY (Mar. 15, 2002), at

(FN23). ENERGY INFO. ADMIN., U.S. DEP’T OF ENERGY, AZERBAIJAN:
PRODUCTION- SHARING AGREEMENTS, at
(June 2002)
(hereinafter DEP’T OF ENERGY, AZERBAIJAN).

(FN24). See generally Kuniholm, supra note 13; Robert Ebel & Rajan
Menon, Introduction to ENERGY AND CONFLICT, supra note 8, at 4-10.

(FN25). Ebel & Menon, Introduction, supra note 24, at 5.

(FN26). See id. at 8-9.

(FN27). See id.

(FN28). See id.; Kemp, supra note 8, at 158.

(FN29). See Ebel & Menon, Introduction, supra note 24, at 7.

(FN30). The Lost Cause of the Caucasus, THE ECONOMIST, Nov. 2, 2002,
at 25.

(FN31). Ebel & Menon, Introduction, supra note 24, at 7.

(FN32). Lena Jonson & Roy Allison, Central Asian Security: Internal
and External Dynamics, in CENTRAL ASIAN SECURITY: THE NEW
INTERNATIONAL CONTEXT 13- 14 (Lena Jonson & Roy Allison eds., 2001).

(FN33). Id.

(FN34). See U.S. DEP’T OF STATE, JOINT PRESS STATEMENT BY THE
U.S.-RUSSIAN WORKING GROUP ON COUNTERTERRORISM, http://
(July 26, 2002) (hereinafter
D.O.S., PRESS STATEMENT); B. Lynn Pascoe, Security, Stability,
Prosperity: Engaging the Eurasian Front-Line States, Remarks Delivered
at the International Conference on Central Asia and the Caucasus, Yale
Center for the Study of Globalization, at
(Sept. 20, 2002).

(FN35). Martha Brill Olcott, Drugs, Terrorism, and Regional Security:
The Risks from Afghanistan, Testimony Before the U.S. Senate Judiciary
Committee,

(Mar. 13, 2002).

(FN36). See, e.g., U.S. DEP’T OF STATE, FACT SHEET: U.S. ASSISTANCE TO
TURKMENISTAN–FISCAL YEAR 2002, at
(June 6, 2002); Kalicki,
supra note 19.

(FN37). See Brice M. Clagett, Ownership of Seabed and Subsoil
Resources in the Caspian Sea Under the Rules of International Law,
CASPIAN CROSSROADS MAG.,

(1995); Bernard H. Oxman, Caspain Sea or Lake: What Difference Does It
Make?, CASPIAN CROSSROADS MAG.,

(1996).

(FN 38). See Clagett, supra note 37; Oxman, supra note 37.

(FN39). See Clagett, supra note 37; Oxman, supra note 37.

(FN40). See Oxman, supra note 37.

(FN41). See id.

(FN42). See Clagett, supra note 37.

(FN43). Faraz Sanei, Note, The Caspian Sea Legal Regime, Pipeline
Diplomacy, and the Prospects for Iran’s Isolation from the Oil and Gas
Frenzy: Reconciling Tehran’s Legal Options with Its Geopolitical
Realities, 34 VAND. J. TRANSNAT’L L. 681, 790 (2001).

(FN44). See Clagett, supra note 37.

(FN45). See id. The exact method of division was disputed even after
UNCLOS, however, particularly by states that were not parties to the
convention. See id.

(FN46). Sanei, supra note 43, at 790.

(FN47). Clagett, supra note 37.

(FN48). See Kamyar Mehdiyoun, Current Development, Ownership of Oil
and Gas Resources in the Caspian Sea, 94 AM. J. INT’L L. 179, 183, 187
(2000).

(FN49). See Ministerstvo Inostrannykh Del Rossiiskoi Federatsii,
Departament Informatsii i Pechati, Interviu spetsialnogo
predstavitelia Prezidenta Rossii po uregulirovaniiu statusa
Kaspiiskogo moria, zamestitelia Ministra inostrannykh del V.I.
Kaliuzhnogo (Russian Ministry of Foreign Affairs, Dep’t of Information
and Press, Interview of the Special Representative of the President of
Russia for Regulation of the Status of the Caspian Sea, Deputy Foreign
Minister Viktor I. Kalyuzhny), at (May 23, 2002)
(hereinafter Kalyuzhny Interview).

(FN50). See Clagett, supra note 37.

(FN51). See Oxman, supra note 37.

(FN52). See id.

(FN53). See id.; Lelyveld, Russia: Will a New Formula for Sharing
Caspian Riches Work?, RADIO FREE EUROPE–RADIO LIBERTY (Nov. 28,
2001), at http://
(hereinafter
Lelyveld, Sharing Caspian Riches).

(FN54). D.O.E., LEGAL ISSUES, supra note 7; see Sanei, supra note 43,
at 768-87.

(FN55). See Sanei, supra note 43, at 769-70.

(FN56). Id.

(FN57). See Abbas Maleki, Caspian Sea and Foreign Policy of Islamic
Republic of Iran, JOMHURI ESLAMI (Tehran), Oct. 23, 2001, at 3,
http:// Iran’s Share of the Caspian Sea
(Interview with Mehdi Safari), TEHRAN PERSIAN DAILY, Apr. 18, 2002, at
2, http:// (hereinafter Safari
Interview). See also generally Clagett, supra note 37; Oxman, supra
note 37 (describing the “condominium” principle in international law).

(FN58). See Sanei, supra note 43, at 786-87; Safari Interview, supra
note 57.

(FN59). See Sanei, supra note 43, at 786-87; Safari Interview, supra
note 57.

(FN60). See BRENDA SHAFFER, PARTNERS IN NEED: THE STRATEGIC
RELATIONSHIP OF RUSSIA AND IRAN 51 (2001).

(FN61). Mehdiyoun, supra note 48, at 187.

(FN62). Steven Lee Myers, Carving Up the Caspian, N.Y. TIMES,
Sept. 24, 2002, at A13; Blagov, Kazakhstan, supra note 11.

(FN63). Lelyveld, Sharing Caspian Riches, supra note 53; Kalyuzhny
Interview, supra note 49. Turkmenistan favors division of the seabed
into national sectors, but is unwilling to commit to the method of
division proposed by Russia. See Kalyuzhny Interview, supra note 49.

(FN64). See Kalyuzhny Interview, supra note 49.

(FN65). See Carol Saivetz, Caspian Geopolitics: The View from Moscow,
7 BROWN J. WORLD AFF. 53, 54-55 (2000).

(FN66). See Fiona Hill, Russia: The 21st Century’s Energy Superpower?,
20 BROOKINGS REV. 28 (2002) (hereinafter Hill, Superpower).

(FN67). See Saivetz, supra note 65, at 57-59.

(FN68). D.O.E., EXPORT OPTIONS, supra note 6; Kalicki, supra note 19.

(FN69). See Hill, Superpower, supra note 66.

(FN70). DEP’T OF ENERGY, AZERBAIJAN, supra note 23; DEP’T OF ENERGY,
KAZAKHSTAN, supra note 22; see Hill, Superpower, supra note 66.

(FN71). See Brenda Shaffer, The U.S. Needs Russia to Help Contain
Iran, L.A. TIMES, Feb. 21, 2002, at 13.

(FN72). See Maleki, supra note 57.

(FN73). See id.

(FN74). Michael Lelyveld, Caspian: A Delicate Balance Prevails, RADIO
FREE EUROPE–RADIO LIBERTY (July 16, 2002), at

(hereinafter Lelyveld, Delicate Balance).

(FN75). Id.

(FN76). Id.

(FN77). Id.

(FN78). Jean-Christophe Peuch, Caspian: ‘Militarization’ of the
Sea–Myth or Reality?, RADIO FREE EUROPE–RADIO LIBERTY (June 10,
2002), at

(FN79). Id.

(FN80). Michael Lelyveld, Russia: Are Moscow’s War Games in Caspian
Muscle Flexing?, RADIO FREE EUROPE–RADIO LIBERTY (Aug. 7, 2002), at

(FN81). Putin Address, supra note 10.

(FN82). Michael Lelyveld, Caspian: Russia Proposes Wider Offshore Zone
for Dividing the Sea, RADIO FREE EUROPE-RADIO LIBERTY (Aug. 28, 2002),
at

(FN83). See Kalyuzhny Interview, supra note 49.

(FN84). See Blagov, Kazakhstan, supra note 11; Michael Lelyveld,
Caspian: Azerbaijan, Iran Seek New Phase in Border Dispute, RADIO FREE
EUROPE-RADIO LIBERTY (June 18, 2002), at

(hereinafter Lelyveld, New Phase).

(FN85). See Blagov, Kazakhstan, supra note 11; Lelyveld, New Phase,
supra note 84.

(FN86). See Sanei, supra note 43, at 777-80, 786-87.

(FN87). See id.

(FN88). See id.

(FN89). Maleki, supra note 57, at 3.

(FN90). Id.

(FN91). See Mehdiyoun, supra note 48, at 188-89; Clagett, supra note
37. But cf. Sanei, supra note 43, at 786-87.

(FN92). See Mehdiyoun, supra note 48, at 188-89; Clagett, supra note
37. But cf. Sanei, supra note 43, at 786-87.

(FN93). See Mehdiyoun, supra note 48, at 188-89; Clagett, supra note
37. But cf. Sanei, supra note 43, at 786-87.

(FN94). See Mehdiyoun, supra note 48, at 188-89; Clagett, supra note
37. But cf. Sanei, supra note 43, at 786-87.

(FN95). See Mehdiyoun, supra note 48, at 188-89; Clagett, supra note
37. But cf. Sanei, supra note 43, at 786-87.

(FN96). See Mehdiyoun, supra note 48, at 188-89; Clagett, supra note
37. But cf. Sanei, supra note 43, at 786-87.

(FN97). See SHAFFER, supra note 60, at 63 n.46.

(FN98). See Kalyuzhny Interview, supra note 49; Hill, Superpower,
supra note 66.

(FN99). See Saivetz, supra note 65, at 59.

(FN100). See Sergei Blagov, Russia’s Asian Policy Gains Momentum, ASIA
TIMES ONLINE, Nov. 14, 2002, at
Asia/DK14Ag01.html (discussing Kazakhstan’s cooperation with Russia in
counterterrorist operations); Daan van der Schriek, Moscow Hostage
Crisis Encourages Closer Russian-Azerbaijani Relations, at

(Oct. 30, 2002) (discussing Azerbaijan’s clamp-down on Chechen
activity in its territory and the recent Azerbaijani-Russian
rapprochement).

(FN101). See Hill, Superpower, supra note 66.

(FN102). See Peuch, supra note 78.

(FN103). See generally Hooman Peimani, Russia Navigates Another
Caspian Rapid, ASIA TIMES ONLINE, Oct. 8, 2002, at
Asia/DJ08Df05.html.

(FN104). See Blagov, Kazakhstan, supra note 11.

(FN105). See, e.g., Peimani, supra note 103.

(FN106). See Blagov, Kazakhstan, supra note 11.

(FN107). See Michael Lelyveld, U.S.: Official Disputes Iranian Success
with Caspian Project, RADIO FREE EUROPE — RADIO LIBERTY (Oct. 18,
2002), at

(FN108). See Kuniholm, supra note 13.

(FN109). See id.

(FN110). See D.O.E., LEGAL ISSUES, supra note 7; Michael Lelyveld,
Iran/Azerbaijan: U.S. Rejects Military Involvement in Caspian Dispute,
RADIO FREE EUROPE–RADIO LIBERTY (Mar. 15, 2002), at

(hereinafter Lelyveld, Caspian Dispute).

(FN111). See D.O.E., LEGAL ISSUES, supra note 7; Lelyveld, Caspian
Dispute, supra note 110.

(FN112). See Kuniholm, supra note 13.

(FN113). See Assistant Secretary of State Beth Jones, U.S. Engagement
in Central Asia and the Caucasus: Staying Our Course Along the Silk
Road, Remarks at “Central Asia: Its Geopolitical Significance and
Future Impact” Conference, University of Montana, at
(Apr. 10, 2003).

(FN114). See D.O.S., PRESS STATEMENT, supra note 34; Lelyveld, Caspian
Dispute, supra note 110.

(FN115). See D.O.S., PRESS STATEMENT, supra note 34; Lelyveld, Caspian
Dispute, supra note 110.

(FN116). See, e.g., Saivetz, supra note 65, at 58-59.

(FN117). See generally Jonson & Allison, supra note 32; Kemp, supra
note 8, at 148-49.

(FN118). See Kuniholm, supra note 13.

(FN119). See Sanei, supra note 43, at 824; Maleki, supra note 57;
D.O.E., LEGAL ISSUES, supra note 7.

(FN120). See D.O.E., CASPIAN SEA REGION, supra note 4.

(FN121). Id.

(FN122). See Sanei, supra note 43, at 832.

(FN123). See BRENDA SHAFFER, BORDERS AND BRETHREN: IRAN AND THE
CHALLENGE OF AZERBAIJANI IDENTITY 1-7 (2002); Kuniholm, supra note 13.

(FN124). See SHAFFER, supra note 123, at 1-7; Kuniholm, supra note 13.

(FN125). See Kemp, supra note 8, at 158.

(FN126). See Sanei, supra note 43, at 824.

(FN127). See Mehdiyoun, supra note 48, at 188-89. But cf. Sanei, supra
note 43, at 786-87.

(FN128). See Peimani, supra note 103.

(FN129). See id.

(FN130). Lelyveld, Delicate Balance, supra note 74.

(FN131). See id.

Copyright – 2004 by Boston College International and Comparative Law Review

From: Emil Lazarian | Ararat NewsPress

http://www.rferl.org/nca/features/2002/09/18092002154755.asp
http://ksgnotesl.harvard.edu/BCSIA/Library.nsf/pubs.
http://www.eia.doe.gov/emeu/cabs/caspian.html
http://www.ciaonet.org/conf/jfk01
http://www.eia.doe.gov/emeu/cabs/caspoile.html
http://www.eia.doe.gov/emeu/cabs/casplaw.html
http://www.mid.ru
http://www.atimes.com/atimes/Central_Asia/DJ10Ag01.html
http://www.eia.doe.gov/emeu/cabs/kazaproj.html
http://www.rferl.org/nca/features/2002/03/15032002113328.asp.
http://www.eia.doe.gov/emeu/cabs/azerproj.html
http://www.state.gov/p/eur/rls/rm/2002/13639.htm
http://www.ceip.org/files/Publications/OlcottTestimony031302.asp?from=pubtype
http://www.state.gov/p/eur/rls/fs/11037.htm
http://www.usazerbaijancouncil.org/caspiancrossroads/archive/archive.htm
http://www.usazerbaijancouncil.org/caspiancrossroads/archive/archive.htm
http://www.mid.ru
http://www.rferl.org/nca/features/2002/07/16072002153612.asp
http://www.rferl.org/nca/features/2002/06/10062002165929.asp.
http://www.rferl.org/nca/features/2002/08/07082002161837.asp.
http://www.rferl.org/nca/features/2002/08/28082002143244.asp.
http://www.rferl.org/nca/features/2002/06/18062002165038.asp
http://www.atimes.com/atimes/Central_
http://www.eurasianet.org/departments/insight/articles/eav103002.shtml
http://www.atimes.com/atimes/South_
http://www.rferl.org/nca/features/2002/10/18102002170429.asp.
http://www.rferl.org/nca/features/2002/03/15032002113328.asp
http://www.state.gov/p/eur/rls/rm/2003/19606.htm
www.eia.doe.gov/emeu/cabs/caspgrph.html
www.state.gov/r/pa/prs/ps/2002/12224.htm
www.rferl.org/nca/features/2001/11/28112001091055.asp
www.netiran.com/clippings.html
www.netiran.com/clippings.html