Unlocking Iran’s common ownership of the Caspian Sea with Rouhani’s silver key

Tuesday 21 August 2018

the writer: Dr. Reza Hazli

Mr. Rouhani and Zarif and their team had been clear to the Iranian patriots long ago, but the only thing that we didn’t know was which of the two keys emblazoned on the Vatican flag with him? The golden key that opens the door to heaven, or the silver key that opens the door to hell?

Mr. Rouhani came to power with the full support of the global media and affiliated networks within Iran, as well as in the Iranian opposition. A person with a background in intelligence and security who has had the greatest responsibility for the repression of Iranians in the past forty years shone overnight and became the month of parliament, and the affiliated media made him the scapegoat of Iran. However, from the beginning, the Iranian patriots had their true face.

Mr. Rouhani, who has a well-calculated agenda and undermines Iran, has formed the most secure cabinet in Iran’s history and pretends that his actions for fundamental change are only in the Islamic Republic. Although there is a bit of truth in this pretense and the centers of world power that have given them their silver key really want changes in the nature of the greatest disgrace in the history of Iran, the Arab-Islamic occupying regime, but the nature and trend of these changes will likely lead not only to the collapse of the Islamic Republic of Iran, but also the collapse of the entire country and Iranian civilization in the Islamic Republic. He takes it. However, with a calculated plan, the consequences of the collapse of the Islamic Republic can not be extended to the entire country of Iran. However, there is no such desire in the centers of world power, and like the scenario of the collapse of the Soviet Union, the centers of power have tied the collapse of totalitarian government and the country itself, and perhaps the totalitarian Islamic and communist governments that have come to power with the proven support of the canons of power have had the strategic goal of the destruction and collapse of the receptive countries themselves. As in the case of Tsarist Russia، we saw how the totalitarian Soviet government eventually divided it into fifteen states.

Iran and Iranian civilization and Iranian countries have many enemies, and part of it is related to the very ancient history of Iranian civilization. The longest wars in the history of human civilization have been the Persia and Roman Wars. (About 600 years with Rome and about 300 with Greece). The same eternal Roman Empire now centered in the Vatican, and both America and Russia have brought this historic empire to our time. The wings of the Vatican are the United States and the Anglo-Saxon bloc representing Western Rome, and the other is Russia, which represents Byzantium or Eastern Rome. These two blocs, which play the role of thesis and antithesis in the world of politics with different colors and ideologies based on Hegel’s philosophical dialectic principle, share common interests, the last example of which we saw in the Caspian Sea. The “American and British” angel and the “Russian giant” of the political world both at the political and media level and their affiliated networks inside and outside Iran supported the infamous Caspian Sea legal convention and, in fact, in broad daylight and with the swing of a key at least 39 percent of Iran’s 50 percent share of this common lake. From the point of view of the Caspian Sea bedding resources and sub-bedding Iran’s share of this has been reduced and can hardly be reached to one percent.

Our father Ferdowsi, with dignity and originality, told us the children of Iran:

The Romans are the ones who will be with you.

But I say to his immortal soul: Yes, they are race Fereydoun (three Avestan languages) but during the brotherhood wars of about a thousand years (about six hundred years with Rome and about three hundred years with Greece) such hatred has been created in the hearts of our Salmi brothers (Roman) that they continue to kick even the dead body of their brother Iraj (Iranians).

Moreover, to the enemies of Iran and Iranians, in addition to the Salmi brothers, the Caspian gray wolves have been added. The same Jewish Mongols who formed seventeen of the twenty-two members of the world’s first official communist government and created pan-Turkism with the intention of dividing Tsarist Russia into Mongol-born republics. The same treasuries that three fake Mongolian states created around the Caspian Sea, and gave the most of the sea to three fake Mongolian states – Kazakhstan, Turkmenistan, and Aran (Baku).

The same coffers whose despotic today is Nour Sultan Nazarbayev, the amenity of the new and disgraceful Caspian Sea Convention, and this infamous convention is signed on his soil “Aktao” and immediately celebrates victory.
The same Nursultan Nazarbayfi who by adding “light” to his name as Mazdak “morning or enlightener” and because Grigor “Lusa Vrych” and building Astana in honor of the centers of power and filling this city with pyramids and other signs of power centers proved that he is a Caspian like that Iranian and this Armenian heart is in vatican. Therefore, despite his tyranny and despite his corruption, the world media have remained silent about him, and even the most wealth of the Caspian Sea and even more than Russia, are destined to teach a lesson to Emomali Rahman, the patriotic and Iranian-born President of Tajikistan, who, despite all his services to the Iranian Tajik nation, is under the ruthless cries of the BBC Ayatollah and other Western media. But not he, but Nur-Sultan Nazarbayev who has been president of Kazakhstan for nearly forty years, even before the collapse of the Soviet Union to this day, and spared a critique of him!

Mr. Rouhani’s key-holding team, working on the agendas of his global brothers, quickly opened two important national locks in Iran for strategic global goals and against Iran’s interests.
One was the lock on Iran’s children’s nuclear achievements, which guaranteed Iran’s strategic territorial security in the long run, and had nothing to do with the survival of the Islamic Republic, because the change of the governments of the nuclear superpowers has happened many times. However, the other was the donation of trillions of dollars from Iran’s oil and gas wealth, and from the share of 50 percent of Iran, as well as the submerged sea bed, and the land and air borders of Iran to neighboring Caspian Zads, and indeed the official disintegration of Iran and violation of Iran’s national sovereignty and territorial integrity.

With the speed at which Mr. Keyholder and his team advance, soon the locks on Iran’s sovereignty over Khuzestan and Iran’s sovereignty over Azerbaijan will be opened and justified for these defenseless and simple people and mercenary and self-deprecating political activists. Let’s not forget that pan-Arabism and pan-Turkism in contrast to real and real pan-Iranism is supported by the many centers of world power. Another key holder of the Vatican, Mr. Ali Shamkhani, who is also of Arab descent, is now the head of the National Security Council of Iran and in this time, in a totalitarian political system where the smallest opposition voices are suppressed, the pan-Arabs and Ahwazi separatists with complete freedom are constantly and systematically present at all football matches in Khuzestan stadiums, openly calling for disintegration and the peoples. They are the ones who are the ones who are the Brothers and Sisters, and the Brothers and Sisters, and the Brothers and Sisters.

And again at the same time the key, Pan Turks in the stadiums of Azerbaijan always Iranian, and in broad daylight and under the eyes of the brothers of the army and the Basij “Gulf of the B.B” and without any concern in a totalitarian government, this work in harmony and systematically repeats many times!

But let’s take a close and scientific look together to find out the depth of the betrayal of Mr. Rouhani and his team and leave no doubt that “Islam Chai” and “Akhundchay” are also in line with Golestan and Torkamanchay.

Today, even Khamenei’s Fath-Ali has realized that the JCPOA is a disgraceful Golestan treaty in granting Iran’s national interests and shortening future generations from the strategic security of nuclear technology. Fath-Ali II himself admitted to this “mistake” after the sanctions were restored and when he realized that selling homeland would not bring prosperity to the Islamic Republic. “JCPOA” is out of the mood of this article, and we will try to get out of “Golestan” and go to “Turkmenchai II” or “Akhund Chai”.

In order to approach the Caspian Sea Legal Convention in a very deep, scientific and radical way, we must examine this sea or the largest lake in the world from several different points of view.

Caspian Sea History and General Information

The Caspian Sea is the world’s largest lake with an area of 424,000 square kilometers, and before the collapse of the Soviet Union, the Caspian Sea was a closed blue area surrounded by only two states. On the one hand, the Imperial Government of Iran, which had a long history presence in the region, and on the other hand, the Soviet Union, the heir of the Tsarist Russian Empire, which had stepped into the blue area of the Caspian Sea with the conquest of Astrakhan port by Ivan Vasilyevich known as Ivan the Terrible, and enjoying the treaties of Golestan, Turkmanchay and Akhal had been settled on the three sides of this sea.

In fact, before the advent of Peter the Great in Russian politics (1752-1682), even though the Astrakhan port was occupied by Ivan the Terrible, the Caspian Sea was always an Iranian sea. Most of the banks of this sea were in the territory of the Imperial Iranian government. More importantly, in this section, Iran did not face any claimants or claimants. Iran had never been seriously threatened by the Caspian Sea until the coronation of Petr

Etiology of Caspian Sea

The sea has always had Iranian names since it was mentioned in the oldest Persian, Greek, Roman and Latin texts, which is derived from the names of different Iranian families living around it, or Iranian lands on its three sides. According to the theory of Ostad Pourdavood, the first Avesta scholar of contemporary Iran, in Avesta the Caspian Sea name “Warkesh” means “Wide Side” or “Wide Crete”. In paragraphs 37 and 38 of Tishtar Yasht, the first volume of Yasht, where the rain angel Tishtar Yasht, or the arrow, is mentioned of this sea as the wideness of Crete: “We praise the Titan of the Noble Star, which will fly swiftly across it, to the great sea of Crete, like a sprinkler arrow.”
Some other Iranian Eusta scholars and Shahnameh scholars, such as Professor Fereydoun Junidi, believe that in some parts of Avesta this sea has been named “Kamrud”, which according to the author of this article refers to the Iranian family of ancient “Kimeris”.

Greek and Roman writers in ancient times have referred to this area as Caspian Sea, Hyrcanian Sea, Albania and Skates and in Latin texts with pronunciations: We collide Caspium mare horkanium Albanum Mare and Asecticum Maré. Other Iranian names that have been placed on this sea are numerous in historical and geographical texts, including: Abskan sea of Astrabad Baku Shirvan Daylam Gorgan or Jorjan Gilan or Geelong Kharazm Khorasan Tabarestan Sea Sistanha Sea of Tepors Sea Sari Sea of Zaryeh Kados Sea Talisan Sea (Talesh) Gasker Sea Kaporchal Sea – Qazvin Sea Mashhad Head Moghan and … He pointed out.

In the oldest maps of the world, where the position of the area is located, because the map of Hecatus (from 500 B.C.) The map of Herodotus (450 B.C.) and the famous map of Aratosthenes (200 BC). Everywhere the name of this sea derives from the name Caspi, not another name. In the map of Aratosten, published in 1966 by Dr. Abdul Karim Sobhi, a professor at Cairo University, the name “Qazvin Sea” is mentioned, which is derived from the same Caspi. In encyclopaedia texts of Russians everywhere, this area is referred to as “Caspis Koye More”.

Although almost all the names of this sea refer to different Iranian families or their lands, but most of them in the texts and maps of the world history of this sea are called the ancient Persian family “Caspi”.
The Caspian were one of the largest Iranian families, the first of which was “Iranovich” in the north, east and west of the Caspian Sea. These numerous Iranian families entered Iran at least four thousand years ago and on their way past Caspian (Qazvin) and Kashan (another pronunciation of Kasan or the land of Kasian) and Sakas (place of Kass, Saqqez in Kurdistan) and finally settled in Lorestan . In the Bronze Age Cassian or Caspian were among the pioneers of their era to the point that “Bronze Lorestan” in the Caspian era today is famous in all the world’s museums. These valiant peoples, possessing the most advanced technology of their time, the Bronze Weapons and Tools, easily won all wars. The Caspian ruled Babylon for more than two hundred years, and from then on they entered Egypt in the seventeenth century BCE, about three thousand seven hundred years ago.

The Caspian along with other Iranian families called the Mitannis and Hittites who had also come to Egypt simultaneously and even shortly before the Caspian changed the basis of ancient Egyptian civilization to the point that after their arrival an Egyptian version of Mithraic religion and ritual was created and replaced the polytheistic system of ancient Egypt, and the great god of ancient Egyptians was called “Athena” which was another name for “Mitra” with the same name. The Khkarhay themselves have identified the title of the ancient Egyptian kings “Pharaoh” who previously considered a Coptic word, which is actually an Iranian name meaning “holders of oven”. (Pharaoh-Frauna-Far + Una, meaning oven holder, Iranian concept of the king.)

Therefore, better than any other name, the proper name of this largest lake in the world is “Caspian Sea”, which is an Iranian name.
Unfortunately, in the time of an Arab and foreigner with Iranian identity and history, Seyed Mohammad Khatami issued a circular by the Committee of Specialized Naming and Identification of Iran’s Geographic Names affiliated to the National Mapping Organization during which all state agencies are obliged to use the name “Caspian” inside the country and the name “Caspian” in foreign texts, international contracts and treaties and refrain from Other names were used in all correspondences, contracts, documentation, texts, maps, atlases, and mass communication. Now, we must see what the history of the name “Caspian” was and why mysterious individuals try to name one of Iran’s greatest historical enemies, namely the Mongolian tribe of Judaism called “Khazar” for this sea.

The name “Khazar” has not been mentioned in any writing until the presence of Arabs and their aggression in the Caucasus region, and no writer has used any other name for this area except the Iranian name of the Caspian or other Iranian names. The Caspians, according to Herodotus’ writing, were counted as the eleventh province during the Achaemenid period and paid 200 tax collectors.

After the advent of Islam, Muslim historians and geographers who described the historical status of the coastal tribes of the North Sea of Iran, in expressing the position and geographical position of the territory of each nation, had to introduce the native names of each part of the seashore waters that were derived from the name of the place and ethnicity of the coastal people of the same section. Thus, in the Islamic era and among Muslims, there are several names such as: Mazandaran, Tabarestan, Abkoon, Gorgan (ancient Hyrcania), Gilan, Daylam, Qazvin (Caspian) and Caspian were found for this sea. Obviously, these names in the works of these writers only represented a limited area of coastal waters and sometimes the territory of presence or ethnic authority along the coast.

The Caspian people were of ancient Mongol descent who converted to Judaism and strongly mixed with the Indo-European gens, including the Slavs in general, and the Russians in particular, and thus had anthropological and anthropological characteristics of the Slavic tribes. Most Jews in Eastern European countries whose language is Yiddish have Caspian roots. Today, however, these people are scattered throughout the world, including Iran. The Caspian and Caspian peoples were among the spread of communism in the Tsarist Russian Empire, with seventeen members of the first twenty-two members of the Soviet Union. Also the Caspian are the founders of “pan-Turkism” in the world, and the same Empire of Tsarist Russia in the form of federation and federal, and as much as they could, the fake Turkic and Mongol republics such as Kazakhstan, Kyrgyzstan, Turkmenistan, Uzbekistan, Tatarstan and … They created there and provided the best natural resources and the largest cities to these republics, to the extent that they created a fake republic in Baku or Aran province by killing and deportation of Talashi and Armenians and Kurdan in Baku province of Russia and stealing the Iranian name of Azerbaijan. The Khazars severely suppressed Iranian identity in Tajikistan and gave the most important Tajik cities, including Samarkand and Bukhara, to the Mughal Republic of Uzbekistan. The Caspian and Caspian peoples also severely suppressed the Red Kurdistan Republic and the Republic of Estonia and Alanya, to the point where they completely eliminated the Red Kurdistan Republic from the Soviet map and deported more than 90,000 Kurds to Siberia. Caspian people in Russia, to this day, have shaped the country’s policy in the Middle East and Caspian Sea, and from the latest cases of their hostility to Iran and even beyond that with the identity of Iranian civilization and Iranian people outside of Iran, preventing the independence of the Kurdistan region of Iraq in favor of Turkey, which is both their identity and their ancestry, and preventing the independence of the people with Iranian identity and their coming out from below Arab and Turkish domination is also the imposition of the infamous Caspian Sea Convention on Iran.

But their animosities with Iran and Iranian identity and civilization are not limited to contemporary history, and we need to look deeper into history. The Caspian Sea emerged in the Second Century AD in the Transcaucasus as a distinct ethnic group on the historical scene, and later settled in Southern Russia between the Volga and Don rivers and finally in 969 AD their rule was overthrown. The Caspian people have long been a wall-to-wall neighbor to Iran and have had many warlike and hostile relations with Iranians. In the wars between Iran and Rome between 200 and 350 BC, the Sassanid policy of Iran was to attract the Khazars, but this policy failed. In the 4th century AD when Armenia was liberated from Rome, the Byzantine or Eastern Roman Empire joined forces with the Khazars to control Iran and prevent its defeats, which exists between Caspian and Roman descent to this day, and this has been their political line since. The last example and manifestation of this alliance in the Middle East against Iranian civilization and identity was the Peace Prize of Pope Francis, the symbolic leader of the Roman Empire, to Mr. Erdogan for killing Iranian Kurds in Afrin and bringing down the statue of the blacksmith Kaveh in that city, and one of its ancient examples include the Bolianus Expedition to Iran, which the Khazars helped and killed many of the Iranians. Throughout the 6th century AD, the land of the Caspian was a breeding ground for wild tribes, which the Huns invasions had opened their way to Europe, and the Khazars took refuge in the mouth of the Volga River. At this time, the continuous region from Mongolia to the Black Sea was dominated by Mongol people. In the 7th century, the Caspian Dynasty again appeared. Heraclius, in his expedition to Iran under Khosrow Parviz, bribed Khazan Khazars and provoked the invasion of Iran, and he gave the Roman emperor an army of 40,000 men. Then the Roman and Caspian armies entered Azerbaijan and took several cities and destroyed the fire temples. But in the winter they returned to their homes. With the rise of the Russians, the Caspian state deteriorated. After 862 B.C., their country reached its former limits between the Caucasus, Volga, and the Don. In 969, the Duke of Kiev defeated the Khazars, and the Caspian state was overthrown, so that today the entire world calls the North Sea of Iran “Caspian Sea” in honor of the ancient Persian family of Caspian except Iran itself, which, under the Arab era of Seyed Mohammad Khatami, with an official directive, forced all governmental organizations to use the names of the enemies of Iran and Iranians and Iranian civilization for the Caspian Sea. Of course, in this treacherous decision, Khazar ethnic groups living in Iran, including the heads of two of the three branches of Iran, namely the Larijani brothers (Sadegh and Ali), have not been ineffective.

Caspian Sea Resources and Interests

The Caspian Sea, as the world’s largest lake, or enclosed sea, is a completely unique sea. This sea is ecologically or ecologically exclusive, but also has marine resources, hospitalization and sub-sub-substrate resources that we mention below are examples of it:

1) The Caspian Sea Global Fishing Which, in addition to generating revenue for governments, provides jobs and food for hundreds of thousands of people.

2) Caspian Sea caviar which is the main source of the production and production of caviar in the world and its most desirable type.

3) Oil and gas resources in Caspian Sea, which based on the latest research, are rich resources in the Persian Gulf.

4) Economic transportation and transit of goods and persons among the countries of the region through the Caspian Sea.

5) The strategic location of Caspian Sea, the European transit state to Southwest Asia, which is a highway for Europe, India, China, Iran, and the southern regions of Caspian Sea and East Asia, which was under investigation during the second Pahlavi period and with the “Iranrud” project, which was useful for both the transit of its goods and solved the water problem of Iran and changing the ecosystem of arid areas of Iran, was under investigation, but since the Iranrood project was not only Iran also benefited the Soviet Union and was at odds with U.S. strategic policies during the Cold War, stopped by their pressure.

6) The unique ecology and ecosystem of Caspian Sea provide a favorable conditions for attracting tourists.

The legal system of lakes.

There is no international law of lakes in the world. In this regard, the international “norm” prevails. There are three different approaches in this regard:

1. Full Division

Equal Division

3- Joint and joint system

1. Full split system

In this type of division of water and soil, it is first necessary to see how the land boundary reaches the sea and in the following way, what form this border should be in the sea. In fact, if a part of the water or all of the water is to be divided, the shape of the beach and the form of entering the land boundary into it, i.e. the length of the beaches, is the basis of the discussion and is important.
In fact, in this type of division, each of the states concerned and surrounding the lake in question will share from that water zone based on the shape and length of their shores and in accordance with established legal rules based on geographical principles. A country that has a longer coastline will naturally have a larger share of the division. One of the features of this system is that the demarcation is precise and definitive and there will be no shared water remaining.

This system simply cannot be done. Because the existence of small bays in coastal areas or islands in lakes, in addition to creating complexity in calculations and the application of division, may also affect the interests of the beneficiary states, since different rules and rights may be applicable in specific areas. Even if the issue of the division of natural resources is resolved between the parties, this mode of division may have adverse effects on the cooperation of coastal States, particularly in the field of marine environmental protection and in the conservation and administration of aquatic resources. Because in the above mentioned areas, the boundaries are not effective and there is a need for comprehensive cooperation.

2)Equal Division System

This system means simultaneous division of sea level and bed between the surrounding countries of the lake and equally. This means that no matter what shape or size each of these states has of the length of the coast, arrangements should be made in delegating the boundaries between them, with the share of each equal after the division of the other. This is the case where the form and location of the lake may be such that it does not materialize in practice.

If the lake is divided equally, In a particular way, this particular mechanism does not appear to be useful for all coastal states. This is because coastal states, which have larger basic lines, may not simply reject an equal sea divide.

3) Joint and joint system

The concept of this system is to declare the entire area of the lake in question as the “common property” of the coastal states. This means that the sea is not divisible and no coastal state can take part of the sea. This solution provides a common system of power and common use of the sea. In accordance with this strategy, appropriate authority should be created for coastal states. Such a common authority may be only a competent body for examining the subject of “natural resources”, and if the coastal states agree, a competent authority may be established to regulate all matters relating to the sea. In this solution, both joint management and circulation management can be used, which can be implemented in turn.

There are generally four common types of systems in the international legal system:

(1) A system derived from internal rights under which the parties participate in all its particles and affairs, and the use of one is subject to the permission of the other. A common institution is usually envisaged for monitoring and control.

2- A system of management division or distribution of interests, in which a joint entity is considered for the management and management of the lake and the exploitation of its resources.

3- Rotation and circulation management system, in which each party manages periodically and in turn.

A system in which all rights are shared but the use of one is not subject to the permission of the other. As a result, each has more ability to make more use and this behavior will be established if it is not challenged by the party. This system is called Public Commons.

The Caspian Sea Legal System Prior to the Disgraceful Rouhani-Zarif Convention (Akhundchay)

The legal system governing the Caspian Sea at the time of Soviet life was based on two kinds of written and unwritten agreements. Written agreements and treaties between the parties express the contractual rights governing the sea, and closed agreements and considerations reflect the practical practice of the parties. However, according to the international law, it seems that if there is a contract system based on practical procedure, it is not acceptable. The contractual rights governing the relations between the two states in the Caspian Sea are based on two contracts and three agreements;

Friendship was signed in Moscow on February 26, 1921 and ratified by the Iranian National Consultative Assembly on December 13, 1921.

2. Trade and sea crossing (Marine) dated March 25, 1940.

Agreements signed in 1972, 1983 and 1990

According to these two agreements, the Caspian Sea is called the Iran-Soviet Sea and stipulates that at sea both countries have equal rights. It is easy to infer from the spirit and context of these two agreements that the Caspian Sea is a common sea between Iran and the Soviet Union, and although the Soviet coast is larger, Iran has an equal share of shipping and sea resources, including fisheries. This common and equal share of Iran and the Soviet Union in shipping and sea resources is easily applicable to seabed and subsea resources as well. And since there were no third countries except Iran and the Soviet Union, the equal share of the two countries means a “fifty percent” share, even if the term is not included in the contract itself. Also، since the two treaties of Iran and the Soviet Union have not imposed restrictions on this sea، this is another reason why the sea is common.
Under the Friendship Treaty between Iran and the Soviet Union, the rights denied to Iran under the Turkmenchay Treaty in connection with sailing in the Caspian Sea were restored. In accordance with Article 11 of this Treaty, both Parties shall be equally partners in the privileges of navigation in all parts of the Caspian Sea, and no liability shall be imposed on the ships of their country: “Considering that Article 8 of the Treaty of Turkmenchay of 10 February 1828 which deprived Iran of the rights to sail in the Caspian Sea, has therefore agreed that upon the conclusion of this treaty, both parties shall enjoy equal rights to sail in the Caspian Sea under their own flags.”
It should be noted that the annulment of the treaties of Turkmenchay and Golestan in the maritime basin in itself will provide Iran’s share of 50 percent in the Caspian Sea, since before these two treaties nearly fifty percent of the Caspian Sea was owned by Iran.
Iran also has a historic and special right to this sea and was the first country on the Caspian Sea and the only country on the shore of the Caspian Sea for thousands of years. The rest of the world, Russia, has been around for 500 years and the three newly independent countries of Kazakhstan, Turkmenistan and Aran (Baku) are only 27 years old. According to the principle of historical primacy, Iran has a special right in this sea.
Paragraphs 12 and 13 of the Treaty of 25 March 1940 on Trade and Navigation concluded between Iran and the Soviet Union in detail emphasized in detail the common and equal rights of the parties to navigation in the Caspian Sea. The treaty clearly states that both sides must treat the merchant ships of the other side as their own.
Although the 1940 treaty did not mention condominium, the concept of Caspian Sea as the Iran-Soviet Sea in the relevant notes and documents and the existing provisions of the recent treaty stipulates that at sea both countries have equal rights, expresses this concept, i.e. it does not give any concessions to one side or the other. The agreements speak of the common right of shipping between Iran and the Soviet Union, and this right can be extended to equal property rights and other rights. Because when it is said that the joint Iran-Soviet Sea, it is common in all sea forms. The 1940 agreement states that the two countries of Iran and the Soviet Union had exclusive fishing rights within 10 nautical miles of their line of origin and that the rest of the sea share the same rights.
It should also be noted that the text of the three agreements of 1972, 1983 and 1990 between Iran and the Soviet Union is also said to emphasize the equal and common share of this sea, but unfortunately the text of these agreements has not been mysteriously published and the author of this article was unable to access them.

Validity of Iran-Soviet Agreements

According to international law, the main legal status of the Caspian Sea before the collapse of the Soviet Union was a kind of “one”. That is, it had its own unique status, created only by two countries that owned it. After the collapse of the Soviet Union, five countries were established around the Caspian Sea. In fact, the four governments succeeded one of the parties to the 1921 and 1940 agreements.

The principles of succession in the former Soviet Union were outlined by the Almaty Declaration on December 21, 1991. According to the Declaration, all successor states of the Soviet Union, except the Baltic States, explicitly assumed responsibility for the USSR’s contractual obligations. In other words, the Almaty Declaration was based on the preservation of the international legal ties of the Soviet Union to which it had previously been a mainstay. Following the Almaty Declaration on March 20, 1992, the Council of Heads of Commonwealth of Independent States in Kiev made decisions on succession issues, including the question of the former Soviet treaties, and in this document the states considered themselves successors to the rights and obligations of the former Soviet Union. In addition to the above documents pursuant to Article 34, paragraph 1(b), of the Vienna Convention of 1978 on the succession of States to treaties, whenever parts or parts of the territory of a State are separated to form one or more States, whether or not the former State continues to exist, (in the case of the Soviet Union), any treaty where the time of succession applies only to a portion of the territory of the former State (Caspian Sea) It is necessary for the country to be replaced.
In accordance with Article 12 of the Convention above, the succession of States in itself shall be subject to obligations or rights arising out of a treaty

The way a territory is used (including the rights of coastal states in relation to shipping and fishing) has no effect. At the same time, a number of successor Soviet states, namely Azerbaijan, Turkmenistan, and Kazakhstan, have claimed that the treaties of 1921 and 1940 are invalid and cannot be transferred to them because of succession and based on the rule of the Tablet Mohtar. This is while citing the rule of the Tablet is only correct in the case of the succession of newly independent and free countries from colonialism. Another Azerbaijan claim is that with the collapse of the Soviet Union, especially under the principle of “Rebus” (fundamental climate change), the treaties of 1921 and 1940 have lost their validity and are irrelevant. This claim is also difficult to accept, because succession to treaties is subject to a special legal system that is outside the scope of the Convention under Article 73 of the Vienna Convention of 1969 in the field of treaty law and is in fact subject to the 1978 Convention and since the fundamental change of circumstances is one of the reasons for the termination or suspension of the implementation of treaties under the 1969 Convention, it is not relevant to cite it. Assuming such a claim is accepted, it is a well-known principle that a party to the treaty that did not play a role in the creation of the situation (i.e., the formation of the Soviet Union) should not be harmed after the fundamental change of circumstances (i.e., the collapse). Moreover, the republics mentioned in the Almaty Declaration have formally accepted a succession to all treaties of the former country (the Soviet Union), and thereafter, based on the Staple Rule (the impossibility of denial after confession), they are the source of their obligations and cannot repudiate them.

From the result of the legal discussions, it follows that the legal system governing the relations of the five Caspian Sea coastal states in relation to this lake is based on the 1921 Treaty of Amity and 1940 Trade and Sea Crossing and some of these states claims that the contracts are not valid are legally ineffective. On the other hand, the mentioned contracts have not addressed all matters related to the sea according to today’s needs of regional communities, and this necessitates the establishment of a new and complete system based on existing contractual rights. In particular, ecological and environmental problems in the region have created deep concerns. However, considering that in accordance with the above-mentioned agreements, equal and common rights on the Caspian Sea surface are provided for Iran and the Soviet Union, it can be inferred by using the analogy rule that until a new collective agreement is reached, the existing provisions on the seabed and sub-sea bed can be generalized. In other words, it can be claimed that the outcome of existing contractual rights is used It turns out that Iran shares fifty percent of the sea in the Caspian Sea. In addition, considering the legal nature of the Caspian Sea, which classifies it as landlocked waters (lakes), any limitation of the limits thereof shall be independent of the international system of the law of the seas and originating from the practices of various governments of the world in relation to such seas and will of all parties and any bilateral or multilateral agreement that formally The Caspian Sea requires any changes to existing contractual rights and the agreement of all five governments, including Iran.

Shameful Caspian Sea Legal Convention – (Akhund Chai)

It is no coincidence that on August 12, 2018, the infamous Caspian Sea Legal Convention was signed after 27 years of Soviet collapse. August 12 is a symbolic day that the breakup of Bahrain from Iran also took place on this day. The choice of this day to sign the convention is itself a political burden.
But the hasty signing of the convention, whose negotiations had lasted at least 27 years, and its signature at a time when Iran is in its weakest political and economic position in modern history, was the product of rapidly changing political conditions in Iran and in international relations, and in short, the result of the Helsinki talks between the Presidents of the United States and Russia.
The tradition of the Helsinki talks between US and Russian presidents in the political world carries a message of drastic change. Many of the negotiations that led to the collapse of the Eastern Bloc or the restriction of nuclear weapons took place in Helsinki between US and Soviet presidents.
Although the terms of the US-Russia secret agreements have not yet been leaked, the political gestures sent an important message to those familiar with Russian political culture. At the end of the press conference between Mr. Trump and Putin, suddenly Mr. Putin showed a soccer ball and threw it at Mr. Trump under the pretext of the end of the FIFA World Cup in Russia! This political gesture simply represents the throwing of the Russian ball into the American court, which can be interpreted as a concession to the United States.
The author of this article believes that the United States may have encouraged Russia to remain silent in exchange for the Caspian Sea in the face of military occupation and separation of Khuzestan from Iran in the near future.
Time will prove the above hypothesis to be right or wrong, but what is certain is that changes are happening quickly. On the one hand, probably Russia, which has noticed these changes and knows that the future government of Iran will not have very warm relations with Moscow for a long time, has therefore pressured the Islamic Republic to sign this disgraceful convention as soon as possible and to forgo Iran’s interests for its survival. This is an easy and easy way for the Hajj.
On the other hand, the Islamic Republic, which sees its head defrauded and disarmed in the “JCPOA” and the sanctions are being restored, for the survival of its disgraceful life, and in order to be able to carry out an oil-for-food program through bartering deals with Russia or other Caspian Sea countries in the event of sanctions, it has easily passed Iran’s share in the Caspian Sea for a few days He will continue to disgrace himself with all the war, destruction, oppression, and of course, in the end of the cup of poison.
But what is this disgraceful convention and what are the drawbacks and betrayals committed?

The Betrayals and Difficulties Imposed on the New Caspian Sea Legal Convention

The most important betrayal that cannot be called wrong is to sign a convention that has the worst legal system in the hands of Iran in terms of Iran’s interests, which is the system of “full division.” As mentioned above and in the section of the legal system of lakes, among the three legal systems under the Islamic Republic, the Caspian Sea chose the worst legal system for the Caspian Sea in terms of Iran’s interests, and by signing this disgraceful document, it nullified the previous treaties in 1921 and 1940, which were entirely in Iran’s interest, and as it is written on the Kremlin’s official website, this new convention replaced the previous two treaties. He took it. But what was the benefit and disadvantage of each of the legal systems of lakes for Iran، and why did the Islamic Republic choose the worst kind of it؟

(a) The complete system of division:

This system, which is based on the size of each country’s coasts and the position of the land border when connecting to the sea and the coastline of origin, accounts for about eleven to thirteen percent of the Caspian Sea belonging to Iran. Besides the fact that this legal system differs dramatically from the 50 percent share of Iran’s shares in the sea bed and under the seabed used by the 1921 and 1940 agreements between Iran and the Soviet Union, and greatly shrinks the sea and air borders and seabeds for Iran, there is another terrible fact that is the lack of rich oil and gas resources under the Caspian Sea in Iran. To understand this great tragedy, we should look at map number one showing the resources of the Caspian Sea hospitalization and sub-hospitality.

As you can see in the above map, in this type of division of the Teleliar, the dollar of the wealth of the bed and under the Caspian Sea bed is about half a percent less reaching Iran. In addition, with the shallow and the possibility of drying up the upper and middle parts of the Caspian Sea in the near future, only the deep part of Iran remains, and this small share of Iran will remain the site of the claims of neighboring countries due to the new conditions and the legal rule of “ribos”.
If the lake is completely dry in the future around the boundaries of the bed, the boundaries will be earthy, in which case Iran will also have the least soil from the Caspian Sea. The “full division” legal system of the Caspian Sea is the worst legal system in terms of Iran’s interests, which the traitors to Iran, namely the Rouhani and Zarif team, with the endorsement of Ali Khamenei, who should henceforth be called Fath-Ali Khamenei in memory of Fath-Ali Qajar, imposed it on the country in broad daylight and before the astonished eyes of more than 80 million Iranians to remind us of Qajar history with bitter irony.

(b) The system of equal division:

In this system, an equal share of 20 percent is allocated for all five coastal countries; this equal share includes sea level and subsoil and air borders. But dividing these 20 percent is very difficult given that countries have different coastlines, and given that the resources under the seabed are mostly in the center and north of the Caspian Sea, it does not serve Iran’s national interests, although even this legal system is not as bad as the “full division” system recognized by the traitors to Iran in the new Caspian Sea legal convention. With the revelations of Russian expert Mr. Rajab Safarov on BBC Persian TV, it was known that the Islamic Republic of Iran has been considering this kind of “system of equal division” since 2017 and from the beginning has passed the claim of a share of 50 percent of Iran, which has even surprised Russian experts, including Mr. Rajab Safarov. Interestingly, this Russian expert is confirmed by Mr. Mohsen Aminzadeh, a former deputy foreign minister in an article in “New Crossroads” titled “Iran’s positions on the Caspian Sea from Khatami government to Ahmadinejad’s government.”

c) Common and common system:

The spirit and text of the 1921 and 1940 Iran-Soviet treaties indicate that this sea is common. The spirit of these two treaties is the complete brotherhood and equality of Iran and the Soviet Union, which is why the 1921 treaty is called the Treaty of Amity. In the text of the agreements, the term “joint Iran-Soviet Sea” is mentioned, from which the concept of “commons” is inferred, especially since the two treaties of this sea clearly do not delimit the boundaries which indicate that it is common. Article 11 of the 1921 Treaty explicitly speaks of equal rights to navigation, which indicates that sea level is common, which is also applicable to the substrate and its substrate and space. It should be noted that the annulment of the treaties of Turkmenchay and Golestan in the maritime basin in itself will provide Iran’s share of 50 percent in the Caspian Sea, because up until these two treaties nearly fifty percent of the Caspian Sea was owned by Iran. Iran also has a historic and special right to this sea and was the first country on the Caspian Sea and the only country on the seaside for thousands of years. The rest of the world, Russia, has been around for 500 years and the three newly independent countries of Kazakhstan, Turkmenistan and Aran (Baku) are only 27 years old. According to the principle of historical primacy, Iran has a special right in this sea.

As stated in the legal system of Caspian Sea until before the disgraceful Rouhani-Zarif convention, which we bitterly call “Akhund Chai”, it is inferred from the spirit and text of the bilateral treaties of Iran and the Soviet Union, which unfortunately were nullified by the signing of the new convention by the traitors to Iran, it is inferred that the Caspian Sea is a common sea between Iran and the Soviet Union, and although the Soviet coast is more soviet but Iran has a common and equal right to navigate. And the sea resources include fisheries. This common and equal share of Iran and the Soviet Union in shipping and sea resources is also easily and based on the principle of legal analogy applicable to seabed and sub-sea bed resources. And since there were no third countries except Iran and the Soviet Union, the equal share of the two countries means a “fifty per cent” share, even if the term is not included in the contract itself. Also، since the two treaties of Iran and the Soviet Union have not imposed restrictions on this sea، this is another reason why this sea is common.

Although the common legal systems are also different, the author believes that the best legal system for the Caspian Sea that serves Iran’s interests is a common system that leads to the formation of a consortium of coastal countries, and the board of directors of this consortium, which will be from all five countries on the seaside, will divide the interests of the bed and the sea bed depending on the common share of each country between them. Iran’s common share of the USSR and Iran is 50 percent, and 50 percent of the Soviet Union must be divided among its heirs at will.
This commonality does not include 10 miles of fishing from the coastline of origin under the Iran and Soviet treaties.

In the map below, you can see the common division of the Caspian Sea:

Therefore, we have now realized that the Islamic Republic of Iran has been satisfied with the worst kind of lake legal system for Iran, which is the complete betrayal and destruction of the national interests of Iran and its future generations, and violation of territorial integrity and clear dismemberment of the country. The Islamic Republic also signed this disgraceful convention and abolished all previous treaties of Iran and the Soviet Union which were entirely in Iran’s interest, which is another obvious betrayal.

In addition to choosing the worst legal system in terms of Iran’s interests for the Caspian Sea, and passing the claim that this sea is shared, and even passing over its equal division and nullifying previous treaties that were entirely in Iran’s interest by signing this disgraceful convention, Iran has not seen the hospitalized and substantive perceptions of neighboring countries’ oil and gas resources in the past twenty-seven years, totaling hundreds of billions of dollars. He has been recognized and pardoned for his claim.

Failure to make legal and political complaints to the international community for the right of Iran and pressure on neighboring countries was another great betrayal committed by the Islamic Republic.

In accordance with Article 11 of the new Convention, military ships (in this case Russian ships are in question because other countries do not have serious naval forces in the sea) may enter territorial waters in case of emergency, even without the permission of the coastal State. This means the military handover of this sea to the Russian Navy.

Article 8 of this Convention allows the parties to build artificial islands, which in the long run creates ecological and ecological problems for this enclosed sea and causes the lake to dry and destroy its water and aquatic resources.

6. In Article 22, the Amin Agreement of Kazakhstan is introduced that due to the pan-Turkism and anti-Iranian Mr. Nursultan Nazarbayev is the lifelong President of Kazakhstan and the historical record of Iran as the oldest country on the coast of the Caspian Sea, is against the national interests of Iran.

Article 23 Registration of this Convention in the United Nations in accordance with Article 102 of the UN Charter is still the responsibility of Kazakhstan، which، as mentioned above، is against the national interests of Iran and Iran’s historical record as the oldest country on the Caspian Sea.

Article 1 of this Convention specifies maps of the Russian Ministry of Defense as the source and source of the division of the sea, not international maps or the United Nations. Such a choice is at odds with Iran’s national interests.

9. After the possible run out of oil in Iran, the North-South transit plan through the Caspian Sea and the possible “Iranrud” project will be of vital importance to Iran and will provide Iran with a large income and will be a staunch rival to the Suez Canal. Also, by using Iranrud water that connects the Caspian Sea to the Persian Gulf as well as similar canals in Libya and the Volga Canal connecting the Caspian Sea to the Black Sea, it is possible to change Iran’s ecosystem in the desert and use this water for agriculture and by purifying it produce drinking water. All of these advantages of the “Iranroud” plan for Iran depend on the success of Iran’s free shipping and goods transit over the Caspian Sea, which was guaranteed by the bilateral treaties of Iran and the Soviet Union, but unfortunately in the new convention with the full division of the sea and the abolition of it, in the event of political problems with the coastal states, the possibility of transit ships entering the territorial waters of these countries will be eliminated, and this vital and strategic plan will be eliminated for The future of Iran and Iranian civilization will depend on good relations with coastal states, which of course will not always be possible.

Article 3 of this Convention explicitly states that the military forces of third countries cannot be present in the Caspian Sea. That means eliminating the possibility of Iran’s membership in NATO, which is strategically important to Iran, and forcing Iran to join the SCO under the leadership of Russia and China.

Article 21 of the Convention explicitly states that settlement of disputes must be secured through negotiations with other coastal states, and since apart from Iran, all of these countries are allies of Russia and some of them are members of the Shanghai Treaty, this means that in negotiating for possible future disputes, the other four coastal states will be anti-Iran, and Iran will always be a minority and its views will not advance. Went.

Since no international authority has been introduced for arbitration or arbitration in the event of disputes, this will mean that “force” will continue to be the first in this sea.

Failure to obtain any legal, political and economic privileges from emerging countries of Kazakhstan, Turkmenistan and Aran (Azerbaijan) in bilateral or trilateral agreements in exchange for their recognition after independence from the Soviet Union and their recognition as negotiating parties to the new Convention.

What should be done to protect Iran’s interests in the Caspian Sea?

1- Not signing any documents until the future that would strengthen Iran’s political, economic and military position and could at least take advantage of neighboring Turkmenistan and Aran (Baku).

2. Denying the independence of the countries of Kazakhstan, Turkmenistan and Aran (Baku) and conditioning it on the privilege of hospitalization and sub-bed of the Caspian Sea after the collapse of the Soviet Union.

3. Complaints from Caspian Sea countries to international legal authorities for the inpatient, sub-bed and marine resources of the Caspian Sea without Iran’s consent.

Demand compensation from Caspian countries for withdrawing hundreds of billions of dollars from shared wealth without Iran’s consent in the past 27 years. And use this leverage to put pressure on the Caspian Sea countries.

5- De-escalation of relations with the United States and Western countries and alliance with them to win global support for Iran’s interests in the Caspian Sea.

Establishing a permanent and powerful naval base in the Caspian Sea with the support and equipping of the West.

7- Support the Talyshi and Armenian independence seekers inside Aran territory (Baku) to create pressure and gain the privilege of hospitalization and sub-bed in the Caspian Sea.

8. Supporting Tajik and Kurdish independence seekers in Turkmenistan to create pressure and get the privilege of hospitalization and sub-bed in the Caspian Sea.

Efforts to join NATO in the future to balance power to the Caspian Sea countries that are observer or friend members of the Shanghai Treaty.

10. Emphasizing the common Caspian Sea between Iran and the Soviet Union and choosing a common legal system that is 50% of Iran with the following reasons:

The spirit and text of the 1921 and 1940 Iran-Soviet treaties indicate that this sea is common. The spirit of these two treaties is the complete brotherhood and equality of Iran and the Soviet Union, which is why the 1921 treaty is called the Treaty of Amity. In the text of the agreements, the term “joint Iran-Soviet Sea” is mentioned, from which the concept of “common” is inferred, especially since the two treaties of this sea are clearly not delimiting, which itself indicates that it is common. Article 11 of the 1921 Convention clearly speaks of equal rights to navigation, which itself indicates the commonality of sea level, which is based on the rule of analogy,

It is also applicable to the bed and under the bed and its space. It should be noted that the annulment of the treaties of Turkmenchay and Golestan in the maritime basin in itself will provide Iran’s share of 50 percent in the Caspian Sea, because up until these two treaties nearly fifty percent of the Caspian Sea was owned by Iran. Iran also has a historic and special right to this sea and was the first country on the Caspian Sea and the only country on the seaside for thousands of years. Other countries, Russia, are only 27 years old for about five hundred years and the three newly independent states of Kazakhstan, Turkmenistan and Aran (Baku). According to the principle of historical primacy, Iran has a special right in this sea.

What should be done to protect Iran’s interests in the Caspian Sea now?

1. Failure to ratify this convention in the Iranian Parliament until this convention falls from the legal aspect. It should be noted that in the text of the Convention, its legal power is subject to ratification in the Houses of the Signatory States.

2. Regular and organized popular demonstrations in front of the Majlis and even the popular occupation of the parliament so that this disgraceful convention is not passed with the support of Ali Rayjani’s “Great Caspian” and Khamenei’s decree of Fath-Ali.

3. In the future government of Iran, in accordance with the principle of “RIBOS” in international law, this Convention shall be annulled.
The Latin name of this rule is in international law. clausula rebus sic stantibus
But the most important and sensitive point is that the future government of Iran should not commit to the Islamic Republic’s vows and treaties, otherwise it will not be possible to use the “Rebus” rule based on the principle of “confession” or “stopple.”

4- Expose the Islamic-communist mafia of the enemies of Iran within the Islamic Republic and in the global media and Iranian opposition who support this letter.

At the end of the day, the question should be raised that a government that has been drinking “poison chalice” for nearly half a century and the last one is “the poison cup of the Caspian Sea”, with which “antidote” still stands? The only answer to this question is that this government, as Mohammad Reza Shah Pahlavi implicitly states in his book Answer to History, the world’s key gentlemen have brought in to drink poison and the country very talented for growth, with sanctions and war and the disintegration of poison in the long run!

References:

1. Churchill Robin and Lou Allen, Aghaei Bahman, (2008) International Law of the Seas, Tehran, Library of Treasure Danesh Publications, 5th Edition.

2-Bavand Davood Hermidas, (2007) Today and the Tomorrow of the Sea of Mazandaran, Scientific and Cultural Conference of the Sea of Mazandaran, University of Tehran.

Bavand Davoud Hermidas, (2010) Determination of Iran’s rights in the Caspian, http://www.khabaronline.ir/news-107213.aspx