BLACK SEA: FROM “CLOSED SEA” TO A SEA OF REGIONAL COOPERATION by Nilufer Oral, JD Bilgi University

1982 LAW OF THE SEA CONVENTION Article 192 General obligation States have the obligation to protect and preserve the marine environment

SECTION 2. GLOBAL AND REGIONAL COOPERATION Article 197 Cooperation on a global or regional basis States shall cooperate on a global basis and, as appropriate, on a regional basis, directly or through competent international organizations, in formulating and elaborating international rules, standards and recommended practices and procedures consistent with this Convention, for the protection and preservation of the marine environment, taking into account characteristic regional features. States shall cooperate on a global basis and, as appropriate, on a regional basis, directly or through competent international organizations, in formulating and elaborating international rules, standards and recommended practices and procedures consistent with this Convention, for the protection and preservation of the marine environment, taking into account characteristic regional features.

Sea of Conflict Treaties 18 th – 19 th Century  1774 Treaty of Küçük Kaynarca  1792 Treaty of Perpetual Peace, Jassy  1798/99 Russo-Ottoman Treaty (Secret)  1805 Treaty of Defensive Alliance (Russian-Ottoman)  1806 Treaty of Alliance between Russia and the Ottoman Empire

 1829 Treaty of Edirne  1833 Hünkar İskelesi Treaty  1840 London Treaty  1856 Treaty of Paris (post- Crimea)  Russian denouncement of neutralisation of Black Sea  London Convention 1871

20 th Century Treaties The World Wars The World Wars  The 1923 Lausanne Treaty for the Regime of the Turkish Straits  The 1936 Montreux Treaty for the Regime of the Turkish Straits

The Cold War  Soviet “closed sea” doctrine created for the Black Sea  Soviet “closed sea” doctrine created for the Black Sea  1980’s US-USSR Black Sea confrontation  1989 Joint Statement by the U.S. and the USSR on Uniform Interpretation of Rules of International Law Governing Innocent Passage  1989 Joint Statement by the U.S. and the USSR on Uniform Interpretation of Rules of International Law Governing Innocent Passage

End of the Cold War and emergence of regional environmental cooperation

Cooperation among the six Black Sea littoral States  Bucharest Convention and Protocols(1992)  Odessa Declaration (1993)  United Nations Environmental Programme for the Black Sea (1993)  United Nations Environmental Programme for the Black Sea (1993)

 Black Sea Strategic Action Programme (1993)  Black Sea Protection Commission  Sofia Declaration 2002  The Black Sea Biodiversity and Landscape Conservation 2003.

Expanded Regional Cooperation

Danube River Basin Countries  1994 Danube River Protection Convention (11 State Parties)  2001 M o U between International Commission for Danube (IC PDR)and International Commission for Black Sea (ICPBS)  Joint Task Force- DABLAS  Joint Task Force- DABLAS

European Union  Communication from the Commission COM/2001/0615- Environmental cooperation in the Danube-Black Sea Region.  EU White Paper on Transport Policy  EU Water Framework Directive  EU Green Paper on the Environment

Black Sea Economic Cooperation  Article 4 of the Charter of the Organisation of the Black Sea Cooperation includes the “environment” as an “area of cooperation” amongst the member parties.  20 February 2002 the BSEC signed with UNEP the “Agreement on Cooperation Between the Black Sea Cooperation and the United Nations Environmental Programme”  Article 2 of the Agreement: BSEC and UNEP are to take into account the “Environmental Action Programme for Central and Eastern Europe  Convention on Fisheries and Conservation of the Black Sea living Resources

Caspian/Caucuses Energy Opportunitıes and need for greater cooperation and Challenges Opportunitıes and need for greater cooperation and Challenges  Oil Transportation by Sea  Pipe Lines  Economic Development  Sustainable Development  Polluter Pays Principle Required

BLACK SEA COASTAL STATES BSEC COUNTRIES DANUBE RIVER BASIN COUNTRIES EU COUNTRIES CASPIAN ENERGY REGION Russian Federation Turkey Ukraine Bulgaria Georgia Romania Moldova, Armenia Greece, Albania Azerbaijan Russian Federation Turkey Ukraine Bulgaria Georgia Romania, Austria Croatia Czech Republic Germany Hungary Moldava Slovak Republic Slovenia Bulgaria Romania Ukraine United Kingdom France Spain Italy Belgium Denmark, Finland, Sweden. Ireland. Portugal Estonia Poland Latvia Greek Cyprus Malta Greece Germany Austria Croatia Czech Republic Hungary Slovak Republic Slovenia Bulgaria Romania Turkey Iran Kazakhstan Turkmenista n Azerbaijan Russia