It is significant that Kazakhstan`s president, Nursultan Nazarbayev, said on Sunday that the latest agreement mimicked setting national fishing quotas. 2. The conditions and procedures applicable to the passage of warships, submarines and other underwater vessels into territorial waters are established on the basis of agreements between the flag state and the coastal state or, failing that, the legislation of the coastal state. Improving regional relations has been a unified theme in 2018 and several ad hoc agreements were signed last year. The agreement, which sets rules for the construction of large cross-border projects such as a trans-Caspian pipeline, is of greater potential importance to Western energy companies. This means that there are, at least officially, political obstacles to this long-discussed project, and that its implementation depends exclusively on economic and security factors. The waters of the Caspian Sea are divided into three zones: territorial waters, fishing areas and the “common maritime area”. Territorial waters extend from the baseline (i.e. the coast or simplified straight lines along the coast) to 15 nautical miles. They are subject to the sovereignty of the coastal state. The respective fishing areas of the contracting parties cover an additional 10 nautical mile belt adjacent to territorial waters in which each state has exclusive rights to aquatic biological resources. The delimitation of territorial waters and fishing areas between the States concerned is established by mutual agreement, taking due account of the principles and norms of international law.
No such delimitation agreement has yet been concluded between coastal states. In case of disagreement, the parties refer to the English text. Differences of opinion on their legal status have also prevented the construction of a gas pipeline by the Caspian Sea between Turkmenistan and Azerbaijan. This would have allowed Turkmen gases to bypass Russia on the way to Europe. 3. The delimitation of inland and territorial waters between the riparian states is carried out in agreement between these states, taking due account of the principles and norms of international law. 4. Where a contracting party is unable to collect its entire quota in the total allowable catch, it may, through bilateral agreements or other arrangements, allow other contracting parties to access the allowable totals of the remaining catches in accordance with its national legislation. 1. Ships flying the flag of the contracting parties enjoy freedom of navigation beyond the outer limits of the territorial waters of the contracting parties. Freedom of navigation is exercised between the contracting parties in accordance with the provisions of this convention and other agreements with the common market, without prejudice to the sovereign and exclusive rights of the parties, as set out in this agreement. Implementation of the Actau agreements is expected to take place in a year or two.
However, the successful realization of the opportunities that lie a way will depend to a large extent on the political will and willingness of participating countries and foreign companies to overcome the many political, technical and financial difficulties and constraints.