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Agreements of the Russian Federation with Certain Foreign Countries on Delimitation and Development of Adjacent Maritime Spaces, Their Role in the Development of the Unitization Law System
 
Код статьиS231243500026205-3-1
DOI10.18254/S231243500026194-1
Тип публикации Статья
Статус публикации Опубликовано
Авторы
Шевченко Любовь Ивановна 
Должность: Professor of the Department of Legal Regulation of the Fuel and Energy Complex of the International Institute of Energy Policy and Diplomacy of the Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Ru
Аффилиация: Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation (MGIMO University)
Адрес: Russian Federation, Moscow
Название журналаПравовой энергетический форум
ВыпускВыпуск № 2
Страницы36-42
Аннотация

In the modern period of formation of unitization legal system it is necessary to summarize the world experience of conclusion and use of unitization agreements in the development of hydrocarbon deposits, maritime spaces, their delimitation between neighboring and opposite states. This article reviews the peculiarities of the approach to the problems of determining the relations of cooperation of the Russian Federation with certain states in the delimitation and use of adjacent maritime spaces in order to use them effectively and efficiently and to avoid negative impact on the environment. Relations in this area should be based on general principles of international unitization, which requires generalization of world practice in this field, creation of the legal framework of unitization agreements on this basis both at the international and national level promoting the harmonization of interests of all participants in development, the development of transboundary fields in the most effective and efficient way, and the decrease of negative impact on the environment.

Ключевые словаenergy law, unitization agreements, transboundary fields, development of adjacent maritime spaces
Получено12.03.2023
Дата публикации27.06.2023
Кол-во символов17578
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Оператором распространения коммерческих препринтов является ООО «Интеграция: ОН»
1 The Russian Federation pays great attention to the regulation of relations in the exercise of rights to interstate transboundary fields in terms of the procedure of development of such raw hydrocarbon deposits and determination of their legal status. At present, the issues of delimitation of seabed areas and continental shelves of the Caspian, Baltic, and Barents Sea and the Arctic Ocean with neighboring states, determination of the conditions of cooperation in the respective zones, the procedure of revenue sharing, management of these activities, etc. are of particular importance.
2 In order to resolve the above issues, the Russian Federation has concluded the following agreements: with the Republic of Azerbaijan on the Delimitation of the Adjacent Parts of the Seabed of the Caspian Sea in 2002 [1], with the Republic of Kazakhstan on the Delimitation of the Seabed of the Northern Part of the Caspian Sea for the Purpose of Exercising Sovereign Rights to Subsoil Management in 2003 [2], with the Republic of Lithuania on the Delimitation of the Exclusive Economic Zone and the Continental Shelf in the Baltic Sea in 2003 [3]; the Agreement between the Russian Federation and the Kingdom of Norway on Maritime Delimitation and Cooperation in the Barents Sea and the Arctic Ocean in 2010 [4].
3 In 2001, Russia and Azerbaijan signed the Joint Declaration on the Principles of Cooperation in the Caspian Sea, in which it was proposed to divide the seabed of the Caspian Sea between the respective bordering and opposite states into sectors on the basis of the median line method drawn taking into account the equal distance of points and modified by agreement of the Parties, as well as taking into account generally recognized principles of international law and established practice in the Caspian Sea. The Parties have agreed that each of the littoral states in the sector formed as a result of such division shall be considered to have exclusive rights over the mineral resources.
4 Pursuant to the above-mentioned Joint Declaration, on September 23, 2002, the Russian Federation and the Republic of Azerbaijan signed the Agreement on the Delimitation of the Adjacent Parts of the Seabed of the Caspian Sea according to which the above-mentioned subjects agreed to exercise their sovereign rights to the development of the mineral resources and other lawful economic activities related to the use of the subsoil of the Caspian Sea bed within their respective sectors of the seabed up to the line of delimitation. According to Article 1 of the Agreement, the seabed and subsoil of Caspian Sea are delimited between the Parties on the basis of the median line, which is drawn taking into account the equidistance of points, as well as taking into account generally recognized principles of international law and established practice in the Caspian Sea. In the Agreement, the Parties established the geographical coordinates of the demarcation line of the adjacent sectors of the Caspian Sea seabed between the Russian Federation and the Republic of Azerbaijan. The Agreement stipulates that the Parties shall exercise their sovereign rights over the mineral resources and other lawful economic activities related to the use of the subsoil on the seabed within their seabed sectors/zones up to the line of delimitation defined in Article 1. According to Article 2 of the Agreement, the mineral resources of the structures crossed by the line of delimitation shall be developed on the basis of international practices applied to the development of transboundary fields by authorized organizations designated by the Governments of the Parties. In pursuance of the Agreement, the Russian Government designated Lukoil Oil Company OJSC as the authorized organization on the Russian side. On the part of Azerbaijan, the authorized organization is State Oil Company of Azerbaijan Republic (SOCAR). The Government of the Russian Federation and the Government of Azerbaijan shall formalize the right to develop the mineral resources located on the specified territories for their authorized organizations. At the conclusion of this Agreement it was agreed that Russia and Azerbaijan in their activities will facilitate general agreement of the Caspian states on the delimitation of the Caspian Sea seabed taking into account the principles of this Agreement [5].
5 In 2003, the Agreement between the Russian Federation and the Republic of Kazakhstan on the Delimitation of the Seabed of the Northern Part of the Caspian Sea for the Purpose of Exercising Sovereign Rights to Subsoil Management was concluded. The Agreement establishes the basic principles of cooperation between Russia and Kazakhstan in the development of hydrocarbon resources of the seabed of the northern part of the Caspian Sea with a view to creating favorable conditions for the above-mentioned states to exercise their sovereign rights in the Caspian Sea as well as regulating issues related to the effective use of the mineral resources of the seabed and subsoil of the northern part of the Caspian Sea. In accordance with Article 2 of the Agreement, the Parties shall exercise their sovereign rights to explore, develop, and manage the resources of the seabed and subsoil of the Northern Caspian Sea within their respective parts of the seabed up to the dividing line. The Parties shall have the exclusive right to jointly explore and develop prospective structures and fields if the modified median line passes through them. The participation of each Party shall be determined on the basis of established international practice, taking into account the good neighborly relations between the Parties.

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1. Agreement between the Russian Federation and the Republic of Azerbaijan on the Delimitation of the Adjacent Parts of the Seabed of the Caspian Sea dd. September 23, 2002 http://base.garant.ru/1156242/ 
2. Agreement between the Russian Federation and the Republic of Kazakhstan on the Delimitation of the Seabed of the Northern Part of the Caspian Sea for the Purpose of Exercising Sovereign Rights to Subsoil Management [Ratified by Federal Law of the Russian Federation No. 40-ФЗ dd. April 5, 2003.] - Corpus of Legislative Acts of the Russian Federation, November 24, 2003. – No. 47.
3. Russian Federation. Laws. On the Ratification of the Agreement between the Russian Federation and the Republic of Lithuania on the Delimitation of the Exclusive Economic Zone and the Continental Shelf in the Baltic Sea: Federal Law No. 70-ФЗ dd. June 9, 2003 [adopted by the State Duma on May 21, 2003: approved by the Federation Council on May 28, 2003]. https://legalacts.ru/doc/federalnyi-zakon-ot-09062003-n-70-fz-o 
4. Treaty between the Russian Federation and the Kingdom of Norway on Maritime Delimitation and Cooperation in the Barents Sea and the Arctic Ocean dd. September 15, 2010 http://www.kremlin.ru/supplement/707 
5. Executive Order of the Government of the Russian Federation No. 1025-р on Designation of LUKOIL Oil Company OJSC as the Authorized Organization for the Joint Development of Hydrocarbon Resources of the Khvalynskoye Field with the Kazakh Party dd. July 25, 2002. - Corpus of Legislative Acts of the Russian Federation dd. August 5, 2002. – No. 31. Art. 3148.
6. Executive Order of the Government of the Russian Federation No. 1026-р on Designation of Rosneft Oil Company OJSC as the Authorized Organization for the Joint Development of Hydrocarbon Resources of the Kurmangazy Structure with the Kazakh Party dd. July 25, 2002. -  Corpus of Legislative Acts of the Russian Federation dd. August 5, 2002. – No. 31. Art. 3149.
7. Executive Order of the Government of the Russian Federation No. 1094-р on Designation of RN-Kazakhstan LLC as the Authorized Organization for the Joint Development of Hydrocarbon Resources of the Kurmangazy Structure with the Kazakh Party dd. August 8, 2003. -  Corpus of Legislative Acts of the Russian Federation dd. August 18, 2003. – No. 33.
8. Executive Order of the Government of the Russian Federation No. 1694-р on Designation of Tsentr Kaspneftegaz LLC as the Authorized Organization for the Joint Development of Hydrocarbon Resources of the Tsentralnaya Geological Structure with the Kazakh Party dd. November 24, 2003. - Corpus of Legislative Acts of the Russian Federation dd. December 1, 2003. – No. 48. Art. 4688.
9. Vylegzhanin, A.N. International Law and Transboundary Natural Resources: Modern Mechanisms of Joint Management. / A.N. Vylegzhanin // MGIMO portal, interviews with experts. - URL: http://old.mgimo.ru/news/experts/document185294.phtml

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