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자료유형
학술저널
저자정보
저널정보
한국슬라브유라시아학회 슬라브학보 슬라브학보 제21권 2호
발행연도
2006.6
수록면
381 - 400 (20page)

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초록· 키워드

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The purpose of this paper is to examine the Russian position of th legal dispute over the Caspian Sea. It looks at the meaning of geopolitical problems that the World's major powers are intertwined in Caspian Sea. Before the collapse of the Soviet Union, the Caspian Sea was governed by the two states that hand concluded 'a treaty of friendship and cooperation' in 1921. But the geopolitical situation changed. The three states achieved independence soon after the demise of the Soviet Union. Now there are five states bordering the Caspian?Russia, Iran, Azerbaijan, Kazakhstan and Turkmenistan. Therefore a new regime for the sea was need. Yet Russia and Iran insisted that the 1921 and 1940 treaties remained in force. However Azerbaijan argued that the treaties were adjusted. Thus the legal dispute over the Caspian sea began.
In early stage of the legal dispute, Russian had a position which maintain its sphere of influence in the region. Therefor Russia has asserted after 1991 that outside companies' involvement in mineral extraction is dependent on the consensus of all the Caspian states, and requires the partaking of all Caspian littorals in the profits to be made from the export of the Caspian oil. But Azerbaijan, Turkmenistan and Kazakhstan opposed the Russian thesis that the littoral states should enjoy sovereignty over their territorial waters and economic zones.
Therefore Russia presented a new settlement formula which indicated that Moscow was ready to accepted sectoral division of the sea. Furthermore, Moscow was prepared to discuss, on a case-by-case basis, national jurisdiction over oil and gas deposits beyond the 45?mile line at sites where drilling was already in progress. All the remaining deposits, however, should be 'commonly owned' through joint-stock companies of the five Caspian states. Moreover Moscow proposed a 'double tender' system giving riparian countries first claim, ahead of non-Caspian bidders, in all future oil and gas contracts.
The common jurisdiction as outlined by Moscow would entitle Russia to share in the other countries' mineral resource, secure a substantial cut in extraction projects undertaken by Western companies. It would enable Moscow to restrict the ability of Azerbaijan, Kazakhstan and Turkmenistan to make their own transactions with Western partners. It would also introduce an unpredictable Iranian factor into the equation.
Based on the result of this paper, author provides some implications. Russia holds such carrots and sticks as geographical advantage, political and military clout by raising the issue of legality of the oil and gas contracts. Partly Russia has one more victory by coming up with a new Caspian sea legal regime proposal.

목차

Ⅰ. 서론
Ⅱ. 카스피해에 관한 기본조약의 특성
Ⅲ. 카스피해 법적지위 논쟁과 갈등구조
Ⅳ. 카스피해 법적지위에 관한 러시아의 입장
Ⅴ. 결론
참고문헌
ABSTRACT

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