delimitation

The delimitation of maritime zones (exclusive economic zone and continental shelf) is considered one of the most important and complex issues related to the rights of the seas. Although the rules related to the delimitation of the exclusive economic zone and the continental shelf are included in the Convention on the Law of the Sea, these rules are general. As a result, to make the delimitation of the exclusive economic zone and the continental shelf equitable, the equitable principles should be referred to. This article seeks to answer whether the principle of non-cutoff as a well-known principle of international law can be applied to reach an equity result in delimiting the boundaries of the exclusive economic zone and the continental shelf? Investigating this issue is necessary to make the delimitation of maritime zones equitable, and it also reduces the complexity of delimitation. In addition, clarifying this issue can lead to the realization of Iran's rights in the field of its hasn't been delimited maritime zones with other coastal states. The findings of this research show that the principle of non-cutoff is one of the generally recognized principles of international law, and it takes precedence over other equitable principles. Also, applying this principle will modify and adjust the equidistant line method or change it.

The collapse of Iran and the transformation of two Caspian water neighbors, Iran and Russia, and the addition of three other countries, Azerbaijan, Turkmenistan, and Kazakhstan, have caused border disputes between them. At the same time, the attitude of these countries has also changed towards the conditions of this water area and the methods of ownership and exploitation of it. Among the most important countries that have differences in this field are Iran and the Republic of Azerbaijan. Despite having historical commonalities, the two countries have a fundamental difference of opinion on issues related to the Caspian Sea from a legal point of view. Thus, this research intends to answer the question that what are the factors influencing the differences between Iran and the Republic of Azerbaijan in legal terms in the Caspian Sea? The hypothesis of the article has been answered by the descriptive-analytical method and the collection of library sources, that the different attitudes of the two countries regarding whether it is a sea or a lake, different attitudes towards the conventions of 1941 and 1920, the difference of attitude in determining the boundaries and differences in the issues of dividing common fields of energy and islands Artificial is one of the points of difference between the two countries. The findings of the research show that the continuation of the current approaches and their lack of peaceful resolution will hinder the convergence of the two countries in the field of water-energy cooperation.

The treaty and contractual records related to the determination of the legal regime of the Caspian Sea show that the delimitation of the Territorial Sea, sea-bed and subsoil of the Caspian Sea was not specified in the 1921 and 1940 agreements between Iran and the former Soviet Union or even in “The 2018 Aktau Convention”. The delimitation of Base-lines and delimitation of the Caspian Sea has postponed to the conclusion of future agreements between the Coastal states. In the present study, The researcher aimed to review the legal documents and survey the joint agreement between the Caspian Coastal states and by analyzing international judicial procedures, suggest the optimal method for determining the Base-lines and delimitation of the Caspian Sea in other to gain the highest national interests and sovereign rights for I.R.Iran. Therefore, the present study with a qualitative approach and using a descriptive-analytical method, tries to identify legal loopholes in “The Aktau Convention” and what is the consequences of applying the -28 meter Kronshtat level, and also provide solutions to determine the Caspian Sea. The results of this study show that the use of mathematical and engineering methods (convex polygon) to delimit the Caspian Sea and by refer to the use of the "principle of fairness" in the process of determining the boundaries of the seabed and subsoil by using of Straight Baseline and considering the circumstances geological factors and the shape of the coasts, In total can increase Iran's share of the Caspian Sea as much as possible.