درخت حوزه‌های تخصصی

The crime of piracy as the oldest international crime has emerged in a modern way in recent years. In addition, piracy is one of the first and main crimes that have been subject to universal jurisdiction. Today, this crime has moved away from its classic way and has progressed to the point of a transformation. This has caused the United Nations Security Council, as the main pillar of maintaining international peace and security, to deal with it many times by issuing resolutions. Despite continuous efforts to prosecute the perpetrators of piracy in domestic courts, the international community has not been able to effectively deal with this phenomenon, because states are facing problems to suppress piracy, including the increasing human rights norms. For this purpose to fight against piracy, new and potential solutions have been proposed, including the establishment of a special international court, referring piracy to the International Criminal Court, as well as dealing with the crime of piracy as a terrorist crime through anti-terrorist conventions. In this regard, according to outcomes of this research, combat to modern piracy in the International Criminal Court can be considered the most effective and efficient way. Compiled with a descriptive and analytical method, by setting this outcome as a hypothesis and examining the characteristics and the limitations of combat to this crime, new and potential solutions of combat to impunity of modern piracy, especially in International Criminal Court, has been discussed.

Today, arbitration has become the most popular means of resolving maritime disputes. Arbitration as a binding dispute resolution method is proposed and recognized in the seventh appendix of the 1982 Convention on the Law of the Sea. One of the important requirements of arbitration is the observance of fair proceedings, which according to the New York Convention of 1958 and the European Convention on Human Rights, is under judicial supervision at the stage of identifying and implementing arbitration decisions and at the stage of protesting the arbitration decision. Considering that arbitration is a type of private judgment, it is required to observe fair proceedings, as a human right, therefore, identifying the fair arbitration and guaranteeing the implementation of its non-compliance is of great importance. Identifying the principle of fair arbitration as a human right and guaranteeing its non-compliance in various cases, in order to violate the human rights of the parties, needs to be read. In the current research, with the analytical and descriptive method and using library sources and judicial procedure and according to the basics of human rights and international documents as well as international judicial procedure, the principle of fair arbitration to It has been recognized as an inalienable human right . And it can be said: the agreement on the cancellation of the right to object to the arbitration award has no effect on the possibility of requesting the annulment of the arbitration award due to non-compliance with the principles of fair arbitration. The request to cancel the arbitrator's decision that is outside the deadline can also be accepted by relying on the principles of fair arbitration, and in case of a request to implement the arbitrator's decision, the arbitrator's decision will not be able to be recognized and implemented.

The peaceful use of the various territories of the international community, including land, sea, air, and outer space, is one of the basic rules of international law, and the prohibition of the use and threat of force based on paragraph 4 of Article 2 of the United Nations Charter is one of the mandatory rules.None of the members of the United Nations have the right to resort to force in the seas and non-peaceful maritime activities. Although the 1982 Montego Bay, Convention on the Law of the Sea was drafted for peacetime, this does not mean that the aforementioned convention loses its validity and executive power when armed conflicts occur.In this research, using the analytical descriptive method, a review of the behavior of the United States in the peaceful use of the seas from the point of view of the United Nations Charter and the 1982 Convention on the Law of the Sea and the authors' analyzes has been done.The findings of this research show that the US government, according to the statements issued by this country, which have been prepared in line with the interests and oceanic policies of this sea power, has provided interpretations or perceptions regarding the maritime activities of the US in relation to the 1982 convention, which can endanger the peaceful use of the seas.The approach of the United States through the seven positions that have been examined in this brief article indicates that this country allows its military activities in order to secure its interests and is not subject to dispute resolution methods and peaceful goals. It does not consider the 1982 Convention as its legal obligation.   Therefore, the US wants absolute freedom of navigation in all sea areas. Naturally, this approach of a maritime power cannot be a suitable basis for guaranteeing the peaceful use of the seas and institutionalizing maritime diplomacy. 

Exploiting the bed and subbed of the seas which are outside the governments’ sovereignty is always discussed since the countries severely need to these resources and the technological progress makes it possible to exploit these areas. Present study aims to respond this question that how resources of bed and subbed of the seas outside governments’ sovereignty are exploit based on law perspective, and how can analyze juridical attitude in this issue. In law perspective, according to the 1982 Convention on the Law of the Seas, these areas are the common heritage of humanity and International Seabed Authority is responsible in this field. In Islamic jurisprudence, exploitation of properties which do not belong to a specific person and freely are in access the public is named Anfal. But the bed and subbed of the seas are not included in any of the territories such as Dar al-Harb defined by the jurists, because no government have the right to claim sovereignty over these areas, and Dar al-Kofr is not in charge of these areas either. It is necessary to act based on international treaties and customary in such a situation. It means that Dar al-Islam is committed to act in accordance with existing international treaties and customary. Even if Dar al-Islam has not accepted any treaties regarding the bed and subbed of the seas, it is committed to implement international regulations based on international customary since international customary has known the bed and subbed of the seas outside the governments’ sovereignty as the common heritage of humanity.

The naval conflict has undergone many changes due to environmental factors and various tools, as well as the increasing growth and development of marine technologies, aligned with the inclusion of new tools and methods in naval conflict and electronic warfare at sea. The procedure taken by countries indicates the acceptance of electronic warfare as one of the methods and tools of agreed warfare. However, from the perspective of international humanitarian law, the use of electronic warfare tools and methods is challenging, and international treaty law lacks a legal rule regarding this method of warfare. Indeed, the only guideline that has sought to regulate electronic warfare is the Air and Missile Warfare Directive, which imposes no legal requirements on governments. So the question we are going to answer in this brief is that, can humanitarian law be applied to electronic warfare? The purpose of this study is to explain and investigate the various dimensions of naval electronic warfare from the perspective of international humanitarian law, and proving that international humanitarian law can be applied to the methods and tools of electronic warfare at sea. The research method selected for the present paper is an analytical-explanatory method and the data collection method used is the library research method.

With the increasing development of the shipbuilding industry in the global arena, the need for the presence of foreign companies in this field and especially investment in it was felt more than ever. The benefits of the presence of foreigners and the existence of sanctions against Iran gave special importance to how the contract was concluded. However, considering that the contract is considered an indefinite contract and its limits and limits are agreed upon between the parties according to the freedom of will (Article 10 of the Civil Code of Iran). In this research, we considered the conditions of the representative and the duties of its parties against the third party to be important and examined. The authors have tried to process the subject by using a descriptive-analytical research method and library data collection method. What was obtained from this research is the need to pay attention to the representative's behavior and the limits of authority granted to the representative by the principle. Considering all the aspects mentioned in this research, a relatively reliable contract can be concluded.

In recent years, we witnessed the use of laser weapons in naval conflicts in the Persian Gulf, the Strait of Hormuz and the Sea of Oman. Conflicts that are not armed and under the laws of hostilities and the rights of war are not considered, and the use of laser weapons in them violates the principles of proportionality and necessity in international humanitarian law. Based on the Fourth Protocol of 1995 of the 1980 on Conventional Weapons and Article 86 of International Customary Humanitarian Law, the use of blinding and permanently blinding laser weapons is prohibited. Based on Article 36 of the 1st Additional Protocol of 1977, the governments in the production and use of new weapons should ensure that they are not prohibited from the point of view of international rules.the use of laser weapons in the aforementioned maritime conflicts is a violation of international obligations and has a criminal nature, and according to Article 2 of the 2001 international responsibility plan of governments, it causes the international responsibility of the governments that use it. The main goal of this research is to analyze the international responsibility of governments in using laser weapons in maritime conflicts in the Persian Gulf and the Sea of Oman. Therefore, by using an applied research with a descriptive-analytical method to collect the data obtained through library studies and field investigation, we have sought to realize this goal. The result of the research showed that laser weapons are a violation of international obligations in the field of intimidation, unnecessary pain and suffering, use by terrorist groups, intelligent murder,violation of the right to life and the right to reproduction. humanitarian rights, human rights and mandatory rules and universal obligations are international and are considered an international violation and cause the international responsibility of governments.

With the acceptance of international trade and its expansion in the 20th century, the need to prepare a suitable mechanism to resolve disputes, especially in non-international dimensions, became one of the important concerns to maintain commercial relations and contracts. And this caused that, despite the global skepticism towards arbitration, in a short time arbitration and mediation were considered as a way to resolve conflicts, especially regarding international commercial disputes. On June 26, 2018, the Singapore Convention was approved by the United Nations Commission on International Trade Law (UNCITRAL) regarding international agreements resulting from mediation. And the plan of UNCITRAL was modified in the field of international commercial mediation and international settlement agreements resulting from mediation. The purpose of ratifying this convention is to establish a binding legal system and an efficient framework and legal platform for the implementation of international agreements resulting from mediation. Previously, the adoption of the New York Convention by expanding the use of the arbitration method as a way to settle disputes was considered one of the most successful international treaties in this field. In total, the present research, with an analytical and argumentative method, seeks to respond to the main philosophy of concluding and the scope of application of each of the two New York and Singapore Conventions, by examining the weak and strong points of each, it explains the position of these two treaties in resolving conflicts and disputes and discusses the similarities and differences between the New York Convention and the Singapore Convention on Mediation.

Arbitration, as a method of pacific settlement of disputes, is mentioned in Article 33 of the Charter of the United Nations, by which parties to any dispute endeavor to find a solution to eliminate their conflict. Yet, article 33 does not include other forms of arbitrations that the United Nations System deals with. International arbitrations are generally referred to as interstate arbitration, international commercial arbitration, and international investment arbitration. Although these arbitration-based methods of international dispute settlement are different, they all observe the same goal: the settlement of disputes by peaceful means and preventing the parties from resorting to adverse behavior. Due to their common goal, it calls the role of the United Nations in promulgating international arbitrations among its member States into question: Has the UN had any bold involvement in promoting and strengthening international arbitrations in the abovementioned fields? It seems that the influence of the UN on interstate arbitration is undeniable because of its main goal and principles; however, this article depicts that the UN policy regarding international arbitrations adheres to the forming and developing international commercial arbitration and international investment arbitration rather than inter-state arbitration. The UN also plays a mediocre role in developing thematic-oriented international arbitrations.

In the third millennium, the number of environmental variables and the nature of the complex relationships between them have resulted in the complexity of competition in the business. Accordingly, the role of organizational intangible capital has been more touchable than ever. Actually, as the intensity of competition increases, the importance of intangible capital enhances and the importance of physical and fixed capital decreases. Due to its geopolitical situation and the presence of extensive maritime boundaries in the north and south, Iran possesses countless strengths and opportunities to obtain maximum resources and benefits from this God-given blessing. Therefore, preservation and expansion of maritime institutions in Iran has been raised as an undeniable necessity in all short- and long-term government plans. This study aims to have policy making regarding the management of organizational intangible capital and its impact on knowledge productivity in maritime institutions of the country. Participants were the experts of Iran’s maritime organizations, which include IRI strategic Navy, the Ports and Maritime Organization, and the National Iranian Tanker Company. Standard questionnaires were employed for data collection. Results showed that focusing on intangible organizational capital in the policy making of maritime institutions can have a significant impact on knowledge productivity in them, which can lead to benefiting from national capacities in maritime studies.

The oceans which cover 70 percent of the Earth’s surface contain the most biologically diverse ecosystems on earth, we depend on the seas for our survival since they support life on earth. They are also essential for our economic prosperity, social well-being, and quality of life. Yet the marine environment is deteriorating fast. We need to find better ways of managing it. Over the last decade, significant advances in citizen science have occurred, allowing projects to extend areas beyond national jurisdiction. Perhaps, however, our greatest challenges are those that exist in the Areas Beyond National Jurisdiction (ABNJ), where management is reliant on international agreements and enforcement is likely to need remote monitoring methods using satellite technologies. In view of this development, the aim of this article is to provide some information on marine scientific research and examines the applicability of the marine scientific research (MSR) regime of the UN Convention on the Law of the Sea (UNCLOS). However, the MSR regime of UNCLOS is far from absolute freedom, it is conditional on responsibilities including, for example, providing the legal basis for setting up obligations such as conservation and sustainable use of the environment. The article concludes by outlining some of the issues that should play important role in the process of research.