Trends and Prospects of the Caspian Littoral States Environmental Legislation Development: Comparative Legal Aspect

Abstract

Introduction. The Caspian Sea is a matter of great interest and value for the Caspian littoral countries (Russia, Iran, Azerbaijan, Turkmenistan, Kazakhstan) having access to its coast. During the pre-revolutionary and Soviet period, the legal regime of the Caspian Sea was regulated by the Russian Empire (USSR) and Iran treaties. At first, after the collapse of the USSR, the Caspian Sea natural resources use and protection regime was determined by the bilateral and multilateral treaties of the Caspian littoral states. But after signing the Framework Convention for the Protection of the Marine Environment of the Caspian Sea (Tehran, November 4, 2003) and the Convention on the Legal Status of the Caspian Sea (2018) by all five countries, the use of natural resources and environmental protection of the Caspian Sea has become more coordinated. Despite the importance of the adopted international acts, some problems remain unsolved. In this regard, the article analyses the environmental legislation of five littoral states of the Caspian Sea, evaluates advantages and disadvantages thereof, as well as possibility of using their experience in Russia.Materials and Methods. The study of the environmental legislation of five littoral states of the Caspian Sea was carried out using the methods of scientific cognition generally accepted in Russia: general scientific and specific scientific methods (dialectical method, analysis, synthesis, concrete-historical, logical, comparative law, systemic methods and others).Results. During the research, the environmental legal acts of five littoral states of the Caspian Sea were analysed. Their national environmental problems, the existing legal regulation were studied, the comparison of the juridical formulations and their scope was made, the quality of the environmental rulemaking development in five states was evaluated, the possibilities of applying in Russia the certain forward-looking novelties of the foreign laws on the Caspian Sea protection were substantiated.Discussion and Conclusion. The comparative law research is considered to be a very important field within the Russian juridical science, as it enriches the latter with the new ideas and experience of foreign countries that can be used to enhance the national legislation. In the frame of our research, we compared the alike post-Soviet legal systems (of Russia, Turkmenistan, Kazakhstan and Azerbaijan) and norms of their environmental law and practices of Iran, where the legal system was not subject to the Soviet influence. The environmental law norms were analysed not only in direct relation to the Caspian Sea but also in a broader context. It was found that from perspective of the concept and legal technique, the Russian Federal Law on Environmental Protection of January 10, 2002 and the Law on Nature Protection of the Republic of Turkmenistan of March 1, 2014 have a certain similarity, thus the Russian legislator can use the experience of the Republic of Turkmenistan by stipulating a special clause (or several clauses) in the Russian law concerning the Caspian Sea nature protection features. The main reason for the Russian legislator to get interested in the experience of the other Caspian littoral states is the need to implement at national level the international treaties signed by the Russian Federation, which contain the norms not yet stipulated in the environmental legislation of the Russian Federation.