1.
Introduction
The present report has been prepared by the international legal consultant
– Irina Krasnova, professor of environmental law of the Russian Academy of State
Administration under the President of the Russian Federation, doctor of juridical science.
The report is prepared within the framework of the Caspian Environment
Programme in accordance with the relevant UNEP/UNDP/TACIS project, the Terms of Reference
for the International Consultancy of Legal National Assessments attached in Annex III to
the project and the Workplan for CRTC/LREI.
The Report is based on the reviews of national legislation provided by
national consultants of the five Riparian States for legal, regulatory and institutional
issues of environmental protection and sustainable management of the Caspian Sea from
Azerbaijan, Iran, Kazakhstan, Russia and Turkmenistan, on the interviews of
representatives of ministries and agencies, NGOs in each Caspian state, as well as on the
materials of CRTCs and PCU.
The author expresses sincere gratitude to the national consultants,
governments of the Riparian States, officers of the CRTCs and PCU for the assistance in
collecting the information and in preparation of the present Report.
The Report has as its objectives to:
review, summarize and analyze the national legislation of the five
Riparian States relating to the protection and use of natural objects of the Caspian Sea;
assess the sufficiency and adequacy of the legal measures established by
national laws and regulations in the interests of protecting the Caspian Sea environment;
study the state of implementation of the legislation, primarily, in the
activities of the state ministries and agencies;
identify gaps and inconsistencies in the legislation and institutional
measures relating to the protection and sustainable management of the Caspian Sea
environment;
develop recommendations for follow-up with a view to further substantive
technical assistance to be provided to the Riparian States within the context of the
CEP’s objective to strengthen legal, regulatory and institutional frameworks at the
national level.
Methodology.The following methodology has been used
in preparing the present report:
The present report focuses on the national legislation of the five
Riparian States only that relates to the use of natural resources and environmental
protection of the Caspian Sea.
Accordingly the report does not include the analysis of the civil,
financial, commercial or other legislation that does not regulate the relationships in the
field of the use of natural resources and environmental protection of the Caspian Sea.
In reviewing and assessing the national legislation it has been taken
into consideration that the legal status of the Caspian Sea is not yet determined. That
means that the legitimacy of any actions in the Caspian Sea, as well as application of the
national laws may be doubted. At the same time, it is also understood that de facto
the national rules of the Riparian States regulate environmental protection and use of
natural resources within the conditional national jurisdictions.
Implementation of the global international conventions and international
agreements by the Riparian States not exclusively aimed at protection of the Caspian Sea
environment are not reviewed in the report.
Within the context of the present Report the term “Caspian Sea
environment” means the Caspian Sea itself, including its seabed and the covering waters,
wild animals, including fish, coastal area that includes a strip of the seashore, the
economic activities within which impact directly the state of the Caspian Sea, but not
deeper inland than up to the first administrative line in the territory of each state. The
term “Caspian Sea environment” does not include buildings and constructions, other
objects of economic and social infrastructure, neither historic and cultural monuments,
oil platforms, artificial islands and other constructions in the aquatic area of the sea.
The term “conventional sector” in this Report means a part of the
seabed with the waters covering it that under selected bilateral or other regional
agreements of the Riparian States is recognized as a territory of a respective state.
“Conventional” means that the situation may change as soon as a five-party agreement
is concluded.
The Report does not cover the financial and economic assessment of the
legislative environmental protection measures.
Taking into consideration certain resemblance of the legal systems of
Azerbaijan, Kazakhstan, Russia and Turkmenistan, in respect to such states altogether the
term “the CIS Riparian States” shall be used, where appropriate.
The scope of the legislation subject to assessment is determined by
environmental problems faced in the Caspian Sea region. Such problems have been picked out
as a criterion on the basis of the TDA, reports and surveys submitted by CRTCs. They are
as follows:
Pollution of the sea caused by oil extraction activities on the seabed
Pollution of the sea from land-based sources
Degradation of the sea caused by the sea level rise
Depletion of the fish stocks, primarily, sturgeon
Threat of degradation of specially protected areas
Threat of pollution that may be caused by accidental spills of oil under
conditions of intensification of extraction and transportation of oil
Degradation of biodiversity caused by uncontrolled introduction of
invasive species into the Caspian Sea
In assessing the legislation and its adequacy, in identifying the gaps,
inconsistencies therein, the following criteria have been used:
Whether the national legislation incorporates legal mechanisms of
environmental protection provided for by the global environmental instruments, including
the Convention on Biological Diversity, CITES, Law of the Sea, Espoo Convention on
Environmental Impact Assessment in a Transboundary Context, Aarhus Convention on Access to
Information, Public Participation in Decision-Making and Access to Justice in
Environmental Matters. Such criterion is used with a certain degree of relativity, as not
all the Riparian States have signed and ratified the above mentioned conventions and the
applicability of many may be doubted under conditions, when the status of the Caspian Sea
is not determined;
Whether the national legislation provides for the prevention mechanisms,
such as permitting of activities connected with the use of natural resources or impacts on
the environment, standard-setting, environmental impact assessment (EIA);
Whether the national legislation provides for reduction of negative
impacts on the environment, such as restrictions on the location of environmentally
harmful facilities in the coastal area, requirement for the conservation of valuable
natural objects, prohibitions and restrictions for taking marine biological resources,
technological requirements to the equipment and others.
Whether an appropriate control system is established, including
liabilities for environmental wrongs;
Whether the measures for rehabilitation of damaged natural conditions
are provided for, including emergency response actions.
Whether the public, and specifically the local population, and also
business have access to state decision-making concerning measures aimed at environmental
protection and sustainable use of the natural resources of the Caspian Sea, and to the
judiciary for defending their environmental rights.
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