In recent years, the international relations of Central Asian states have been developing dynamically: along with positive trends (Eurasian integration, growth in mutual trade, cross-border cooperation), there have been negative processes (deterioration of the security situation, conflicts over water resources, etc.). Russia plays a large and often leading role in international legal policy in the region; however, recently, there has been a qualitative strengthening of the positions of China, Turkey, Iran, and Western countries. The article discusses the main features of the international legal policy of the Central Asian states, factors influencing it (economic specialization of the region, activities of external actors, intensity of ethnogenesis, influence of Islam, Soviet heritage), as well as particular legal problems. The latter include (Sect. 4) problems of distribution of water and energy resources, (Sect. 5) environmental problems related to the disappearance of the Aral Sea, (Sect. 6) uncertainty in the Caspian Sea regime, (Sect. 7) the problem of enclaves, (Sect. 8) the problem of minorities, and (Sect. 9) the absence of an integration project. The instruments of general international law are in most cases insufficient to address these problems: they are either imprecise or do not bind particular states. Regional instruments, in turn, are very often absent or characterized by a low level of legal technique. The existing legal vacuum contributes to the freezing of conflicts and contradictions and, in some cases, to their aggravation or exacerbation. The development of regional law in this regard seems to be a necessity: its conditions are the search for original ideas, cooperation of elites, and—as the most general solution—a separate integration project.

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Central Asia and International Law

  • Vladislav Tolstykh

摘要

In recent years, the international relations of Central Asian states have been developing dynamically: along with positive trends (Eurasian integration, growth in mutual trade, cross-border cooperation), there have been negative processes (deterioration of the security situation, conflicts over water resources, etc.). Russia plays a large and often leading role in international legal policy in the region; however, recently, there has been a qualitative strengthening of the positions of China, Turkey, Iran, and Western countries. The article discusses the main features of the international legal policy of the Central Asian states, factors influencing it (economic specialization of the region, activities of external actors, intensity of ethnogenesis, influence of Islam, Soviet heritage), as well as particular legal problems. The latter include (Sect. 4) problems of distribution of water and energy resources, (Sect. 5) environmental problems related to the disappearance of the Aral Sea, (Sect. 6) uncertainty in the Caspian Sea regime, (Sect. 7) the problem of enclaves, (Sect. 8) the problem of minorities, and (Sect. 9) the absence of an integration project. The instruments of general international law are in most cases insufficient to address these problems: they are either imprecise or do not bind particular states. Regional instruments, in turn, are very often absent or characterized by a low level of legal technique. The existing legal vacuum contributes to the freezing of conflicts and contradictions and, in some cases, to their aggravation or exacerbation. The development of regional law in this regard seems to be a necessity: its conditions are the search for original ideas, cooperation of elites, and—as the most general solution—a separate integration project.