Identifying obstacles in the effectiveness of legal regimes and protection laws for the Caspian Seal

Abstract

The subject matter of exploration in this thesis is identifying the obstacles and intricate details surrounding the inevitable demise of the Caspian Seal, a remarkable mammal that exclusively resides in the vast expanse of the Caspian Sea. The question revolves around unraveling the complex dynamics behind the remarkable shift in the Caspian Sea Seal population, which has been a notable decline from one million to the current one hundred thousand. Exploring the multifaceted factors and circumstances that have orchestrated this change is essential to comprehensively grasp the intricate interplay affecting the Caspian Seals.

This thesis aims to thoroughly examine the factors contributing to the tragic ending of this unique creature, including its unfortunate demise and the potential measures for its preservation. The Caspian Sea has its complexities in legal terms because it is a sea on one side and a lake on the other. This thesis explores the status of the Caspian Seal from the perspective of the Law of the Sea. But it is very challenging. Because the Caspian Sea is not under the umbrella of the UN Convention on the Law of the Sea (UNCLOS) due to its complex legal situation and condition, and this has led to the protection and conservation of the Caspian Seal being considered as an unregulated issue. However, the thesis has reviewed all the International, regional, and national laws that have dealt with the protection and conservation of marine mammals, particularly the Caspian seals. Furthermore, identifying the obstacles and existing challenges helps us to find the problem as well as to explain improvement strategies in the use of legal regimes and policies, in support of the continuation of life with the value of the seal. Additionally, since the Caspian Seal is struggling with critical conditions and on the other hand, the regional laws, and conventions regarding the protection of the Caspian Seal do not have the appropriate guarantees of implementation, a conversation has been held with several scientists in the field of Caspian Seal protection. Important Marine Mammal Area (IMMA), refers to designated areas that are recognized for their role in supporting a variety of marine mammal species. If the coastal states of the Caspian Sea consider these key critical areas for the Caspian seals, this approach will enable environmentalists to identify the threats and challenges that these species face in their habitats and the extinction of this species may be prevented.

This thesis further examines the extent of cooperation among the coastal states and most importantly the lack of effective implementation in national and regional conventions.