درخت حوزه‌های تخصصی

حقوق بین الملل عمومی

ادبیات اقتصاد تاریخ تربیت بدنی جغرافیا حقوق روانشناسی زبان شناسی علم اطلاعات و دانش‌شناسی علوم اجتماعی علوم اسلامی علوم انسانی علوم تربیتی علوم سیاسی فلسفه و منطق مدیریت مطالعات زنان هنر و معماری
حقوق ارتباطات حقوق بین الملل حقوق تجارت بین المللی و اقتصادی حقوق جزا و جرم شناسی حقوق خصوصی حقوق عمومی فقه و حقوق کلیات گرایش های جدید حقوقی گروه های ویژه نقد و بررسی کتاب
حقوق بشر حقوق بین الملل خصوصی حقوق بین الملل عمومی حقوق تطبیقی
حقوق بشر دوستانه و مخاصمات بین المللی حقوق بین الملل کیفری حقوق دریاها حقوق دیپلماتیک حقوق سازمانهای بین المللی حقوق معاهدات بین الملل حقوق هوا-فضا مراجع صالح بین المللی مسئولیت بین المللی دولتها
ترتیب بر اساس: جدیدترینپربازدید‌ترین
فیلتر های جستجو: فیلتری انتخاب نشده است.
نمایش ۱٬۱۰۱ تا ۱٬۱۲۰ مورد از کل ۱٬۱۳۲ مورد.
۱۱۰۱.

Maritime Defense Diplomacy of Maritime Powers in the Indian Ocean Based on Their Presence in The Region(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۲, Issue ۸, Wintert ۲۰۲۳ 91-114

کلید واژه ها: Naval Power Indian Ocean -Defense Diplomacy Geopolitics

حوزه های تخصصی:
تعداد بازدید : ۱۵۷ تعداد دانلود : ۱۵۴
The Indian Ocean is Considered One of The Most Important and Sensitive Regions of The World, And for This Reason, Maintaining Its Security Is Very Important. The Amazing Economic Growth of Southeast and East Asian Countries Such as China, India and Japan in World Trade on The One Hand and The Special Role of The Persian Gulf and Iran as An Energy Supplying Region (Oil and Gas) On the Other Hand Show the Importance of The Indian Ocean as A Strategic Region to Connect These Two the Area Has Grown to Hundreds. The Role of This Geopolitical Region in Providing Energy, The Existence of Busy Straits, The Mass Consumer Market and The Presence of Powers with High Economic Growth Have Led to The Increasing Importance of The Global Position and The Change in The Balance of Maritime Power in It. This Research Was Done with Analytical and Descriptive Method Using Library and Documentary Sources and The Results Show That the Scene of The Indian Ocean Is of Great Importance Due to Its Key Role in Maritime Trade and This Has Made the Indian Ocean the Place the World's Major Maritime Powers Are Competing and Each Has Its Own Diplomacy in This Region.
۱۱۰۲.

Port State Control (PSC) and the Environmental impacts of International Shipping(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۲, Issue ۸, Wintert ۲۰۲۳ 7-35

کلید واژه ها: Port State Control (PSC) Marine environment non-standard vessel MoU’s

حوزه های تخصصی:
تعداد بازدید : ۱۵۲ تعداد دانلود : ۱۶۸
Seas are the most important and unexplored and unknown ecosystems and the largest source of biodiversity on earth, which make up 90% of the biosphere. Therefore, it is necessary to preserve the marine environment as a precious asset and heritage against the damages caused by human activities, including international shipping. One of the international means to achieve this aim is the port state control (PSC) mechanism, PSC which is rooted in the traditional principle of free access of ships to the ports, also international conventions and regional memorandum of understandings )MoU’s( is considered complementary to the competencies of the flag state for environmental protection and maritime safety, allows the port states to assess the compliance of ships with relevant international and regional regulations, and to carry out a non-discriminatory inspection of foreign ships entering their ports. this paper review and criticize the role of current PSC mechanisms in the protection of the marine environment. To that end, use of the descriptive-analytical method to explaining the concept and legal foundations of PSC and the most important environmental challenges caused by the Increasing growth of international shipping and analyze the role of PSC. This study's findings provide that, the international PSC regime suffers some defects, accordingly to be more effective needs to mutation, in a way that includes new environmental damages, as well as, increase international convergence and integration in its Implementation This goal is achieved through the conclusion of a global MoU.
۱۱۰۳.

Protecting Environmental Security of the Caspian Sea in the Light of the New Legal System(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۱, Issue ۳, Autumn ۲۰۲۱ 101 - 120

کلید واژه ها: Caspian Sea protection and support Environment Legal system international law

حوزه های تخصصی:
تعداد بازدید : ۱۵۱ تعداد دانلود : ۱۶۳
During its historical life, the Caspian Sea has always been a safe place for many races, people, and governments. Unfortunately, humanity does not appreciate this valuable water zone and steps away consciously or unknowingly on the path to its destruction and demolition. Taking the path in this way is equal to obliterating the roots of the present generation and future generations. With the aim of evaluating the environmental security structure of the Caspian Sea, this research examines a new legal framework for this water zone. Moreover, the research also argued that the Caspian requires effective political and legal decision-making to achieve its ideal state both environmentally and economically or socially. Until the collapse of the Soviet Union in 1991, the Caspian Sea was dominated by the two governments of Iran and the Soviet Union. The intense asymmetry between power and resources between the two countries led to the unofficial and actual control of the region in the hands of the Soviet Union.
۱۱۰۴.

Study on the Challenges of the Enrica Lexie Case: Criminal Jurisdiction; Security of Ships; Immunity of Marines(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۱, Issue ۳, Autumn ۲۰۲۱ 75 - 99

کلید واژه ها: Criminal Jurisdiction Exclusive Economic Zone Immunity Piracy Merchant Ship

حوزه های تخصصی:
تعداد بازدید : ۱۴۶ تعداد دانلود : ۱۹۳
On 15 February 2012, two Indian nationals aboard the St. Antony, an Indian fishing ship, were killed allegedly as a result of gunshot wounds following a confrontation with the Enrica Lexie, an Italian merchant ship, in international waters, off the Indian coast. The nature of the confrontation has been in contention. Enrica Lexie was traveling from Singapore to Egypt accompanied by six Italian navy marines. Enrica Lexie began firing at India's Exclusive Economic Zone because they thought pirate boats attacked them. Indian Navy detained the Enrica Lexie and two Italian navy Marines were arrested on charges of murder of two Indian fishermen. This incident caused the dispute between India and Italy over criminal jurisdiction, functional immunity of Italian navy marines, and the practice of arming merchant ships. They refer this dispute to arbitration and finally, Tribunal issued its award. This paper via the descriptive-analytical method, exploring existing documents, conventions, and customary international law shows that criminal jurisdiction over Italian merchant ships at EEZ belongs to the flag state. Most countries permit and even force to arm their flag merchant ships to fight against pirates, so this practice becomes a rule of customary international law. As a result, actions of these Italian marines are attributed to Italy as a governmental act, and state officials are entitled, in principle, to functional immunity from foreign jurisdiction regarding their ‘official’ acts, i.e., when acting in their official capacity.
۱۱۰۵.

Examining the Necessary Standards of Shipping based on Customary and Statuary Maritime Law(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۲, Issue ۸, Wintert ۲۰۲۳ 115-138

کلید واژه ها: Necessary Standards Shipping Customary Statuary Maritime Law

حوزه های تخصصی:
تعداد بازدید : ۱۴۵ تعداد دانلود : ۱۳۷
The correlation between the sea and the ship with scientific and technological progress and human needs in the field of trade and transportation, and the existence of inspection and observatory control in territories and their safety has caused the attention of organizations and countries to its effectiveness. On the other hand, it caused promoted productivity through the use of skilled manpower on the ship. Undoubtedly, creating universal and acceptable regulations is important so that they can be turned into law. Definitely, in this law, attention should be paid to the evaluation of the prospect of sea events and it can be predicted. Factors such as affreightment, collisions at sea, ship damage, and maritime rescue can be among these rules and clarify the purposes of a safe sea. On the other hand, the International Maritime Organization (IMO) works very actively and effectively in the direction of the compilation of these regulations and laws. It should be noted that with the progress of the shipping industry and the expansion of the sea boundaries, it is better that these laws become updated and more preventive and practical. Therefore, new standards in the maritime transport industry must be pursued by the World Maritime Organization and with a survey of the member countries, more attention should be paid to the security, speed, and services of the ports and sailing of the countries. Although one of the appreciable achievements of the World Maritime Organization has been the transformation of unsafe traditional ports into safe modern ports. But it seems that the diversity of sea transportation with regard to commodity exchanges requires the implementation of a more legal and regulatory strategy. In this article certainly, attention has been paid to the importance and fundamental role of the World Maritime Organization, because the most important basis of maritime transport is the ship. It should be noted that the ship has an independent identity and personality. On the other hand, the diversity in the utilization of ships in the aspects of commerce, public services, military, and the diversity of ship types requires special standardization and proficient implementation.
۱۱۰۶.

On the Environmental Responsibility for Extracting Natural Resources from the Deep Seabed(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۱, Issue ۳, Autumn ۲۰۲۱ 21 - 48

کلید واژه ها: Environmental Responsibility International Deep Seabed Authority Environmental Damage Marine Mining

حوزه های تخصصی:
تعداد بازدید : ۱۴۲ تعداد دانلود : ۱۰۳
Minerals in nature are one of the most valuable treasures on the earth, which due to the limitation of these resources on land and its heterogeneous distribution in different countries, has made human beings think about extracting the new resources. The limited mineral resources on land and the heterogeneous distribution of these substances in different countries have made human beings think about extracting and using the resources of other parts of the earth and even other planets. Deep-sea mineral resources can be considered as a reliable alternative to compensate for the limitations of land resources. The developed countries were more concerned with the use of these resources than others because, given the dependence of their economies on third-world mineral resources, the development of offshore resources could mean the liberation of their economies from this dependence. In political and scientific circles, the concept of the common heritage of humanity was gradually introduced, based on which activities related to mining in the deep sea. The method of this research is a descriptive-analytical study using library resources, the study of articles, and a review of environmental treaties and related internet resources. The result of this research shows, that none of these legal systems in the field of responsibility can respond to the challenges independently. This research tries to provide a legal solution by considering the opinions of environmental experts, an executive solution about achieving new financial resources based on combined systems of environmental responsibility.
۱۱۰۷.

Marine Biological Diversity in Areas beyond National Jurisdiction; Legal Framework under the New Legally-Binding Convention on BBNJ(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۱, Issue ۲, Summer ۲۰۲۱ 85 - 117

کلید واژه ها: Marine Biological Diversity Genetic Resources inter-generational equity Conservation and sustainable use

حوزه های تخصصی:
تعداد بازدید : ۱۴۰ تعداد دانلود : ۸۹
The concerns of the international community regarding the potential environmental crisis for future generations have being increased arising out of the intensification of the challenges and threats to the marine environment as well as diminution of the biological resources as a result of the aggregation of harmful human activities over the maritime zones. At the same time, conservation, sustainable use and governance of the oceans through the application of the rule of law is one of the most important issues that have been at the forefront of the international community's endeavor dealing with law of the sea and ocean affairs. The United Nations General Assembly in order to resolve the challenges of the existing legal framework governing marine biodiversity has established a legally binding instrument for conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction known as the BBNJ process within the framework of the Convention on the Law of the Sea (UNCLOS). The present paper, while considering the basic foundations of the existing international legal framework applicable to marine biological diversity in areas beyond national jurisdiction, describes the strengths and weaknesses of the current legal framework in order to improve the ongoing international legally binding instrument concerning BBNJ and will pursue the monitoring of the ongoing process from international law perspectives.
۱۱۰۸.

Analysis of the ISPS Code and Its Implementation: Case Study of Malaysia and South Korea(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۱, Issue ۲, Summer ۲۰۲۱ 119 - 149

کلید واژه ها: Terrorism Maritime Security ISPS Code Malaysia South Korea

حوزه های تخصصی:
تعداد بازدید : ۱۳۱ تعداد دانلود : ۹۶
Following the terrorist attacks of 9/11, the International Maritime Organization (IMO) was faced with the issue of maritime security against terrorist incidents. Accordingly, it adopted the International Ship and Port Facility Security Code (ISPS Code) in December 2002 as part of the International Convention for the Safety of Life at Sea (SOLAS 1974- as amended) in order to increase maritime security through fulfilling its regulations by Contracting Governments. This Code, entered into force on 1 July 2004, provides a set of regulations for ship and port facility security. The first part of this paper focuses on the introduction and analysis of the key regulations of the ISPS Code. The second part of this paper focuses on the successful practices of two Contracting Governments, namely Malaysia and South Korea. Accordingly, this paper evaluates the enforcement of the regulations of the ISPS Code by concentrating on these two countries in East Asia in order to measure the effectiveness of the Code in enhancing maritime security of these two countries. This paper concludes that to achieve the objectives of the ISPS Code, all Contracting Countries should fully implement its regulations and for achieving a higher standards in maintaining maritime security they are advised to take advantage of the experiences and practices of such successful countries as Malaysia and South Korea in fulfilling the regulations of the ISPS Code. The research method applied in this paper is based on the descriptive - analytical method.
۱۱۰۹.

Conflicting Views on the Innocent Passage of Warships with Emphasis on the Practice of Iran(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۱, Issue ۳, Autumn ۲۰۲۱ 121 - 153

کلید واژه ها: Innocent passage military vessels Territorial sea Iran Official Practice

حوزه های تخصصی:
تعداد بازدید : ۱۳۰ تعداد دانلود : ۱۲۰
The conflict between sovereignty over parts of the sea and the necessity of "innocent passage" concept has been the most contentious field in the law of the sea." Two hypotheses in this field have collided in the history of international law of the sea. The first hypothesis is that every human possesses the seas together. "Navigation" and other operations are also allowed for all. Under the excuse of owning the sea, no state has the right to restrict other people's use. However, the second theory says that the sea is owned by someone who controls part of it, and its use can be limited. In international law, the "innocent passage" by foreign vessels from the territorial sea of a country is widely recognized. However, in some territories, the requirements for the "innocent passage" of military vessels include the need for prior notice or the coastal state's permission. Most forces, led by the US, believe in absolute freedom of the military vessel's "innocent passage." However, most Asian countries, including Iran, assume that they can prior notification or approval for a foreign military vessel passage. This activity was often resisted in operational as well as diplomatic phases by naval forces such as the United States. 
۱۱۱۰.

Legal Nature of Seaworthiness Obligation in Charter Party Agreements(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۲, Issue ۷, Autumn ۲۰۲۲ 137 - 168

کلید واژه ها: Seaworthiness obligation maritime transport charter party agreement implicit obligations of the owner

حوزه های تخصصی:
تعداد بازدید : ۱۲۹ تعداد دانلود : ۱۰۰
As one of the most popular means of trade in the world, shipping by sea has always been subject to maritime hazards. Thus, the implicit commitment of a ship lease contract is that the transport operator provides a seaworthy ship. There is, however, no specific definition of the legal nature of this obligation in most conventions or international laws, and it is only in this regard that the statement of seaworthiness is cited as an implied obligation. Having been written in the descriptive-analytical method, this study attempts to explain the legal nature of this obligation, its position among absolutes or relatives, primaries or subsidiaries, implicit fundamentals or customs, its compliance with the conditions of article 234, the burden of proving seaworthiness, and the lack of performance guarantees caused by its absence. According to the results of the study, a transport operator is under a relative obligation to provide a seaworthy vessel. The existence of this obligation can be mentioned both as a main condition and a secondary condition, and if there is no specification in the contract, it is referred to as a customary implied obligation. Additionally, the condition of seaworthiness would be close to the verb condition in accordance with Article 234 of the Civil Code of Iran. For a claimant (the owner of the goods) to prove a lack of seaworthiness, they only need to provide evidence that the loss has occurred. For the sea transport operator to be relieved of responsibility, s/he must prove that s/he took the necessary precautions at the start of the voyage. The owner, otherwise, is responsible for compensating the victim for the damages caused by the violation of unseaworthiness by restoring the previous situation by providing the property and if an excuse is provided, by supplying a substitute.
۱۱۱۱.

Investigating the Use of IRI Navy Logistics Capacities in Case of Encountering a Crisis Institutions(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۲, Issue ۶, Summer ۲۰۲۲ 111 - 137

کلید واژه ها: Logistics Capacities crisis management Natural Disaster Crisis IRI Strategic Navy

حوزه های تخصصی:
تعداد بازدید : ۱۲۳ تعداد دانلود : ۱۰۶
Throughout history, Iran has always been exposed to many natural and unnatural crises due to its geographical, economic, cultural, natural, and political characteristics, and especially its location in the strategic region of the Middle East. This study aims to investigate the position and role of the logistics capacities of the Islamic Republic of Iran Navy (IRI Navy henceforth) in encountering the natural disaster crisis. The entire participants included 120 senior officers of the Deputy of Readiness and Support, the heads of readiness and support of the affiliated regions and bases, and the middle managers of the headquarters and ranks of the Readiness and Support Command of Najaf among whom 92 were selected randomly based on Krejcie and Morgan’s (19700 table. Data were collected quantitatively using researcher-made disaster management questionnaires and IRI Navy preparedness capacities. Then, the validity of the questionnaire was assessed through confirmatory factor analysis and its reliability was assessed by Cronbach’s alpha. To test the hypotheses and the accuracy of the conceptual model of the research, the structural equation modeling method using the partial least squares (PLS) method was used. Findings indicated the significance of the IRI Navy's preparedness hypotheses on managing and reducing the damage caused by the natural disaster crisis. The results showed that the component of responsibility had the highest rank and importance and the components of timeliness, information, and technology, coordination, mobile systems, efficiency, and preparedness were among the next priorities of logistics capacity in case of encountering a natural disaster crisis, respectively.
۱۱۱۲.

Authorities and Compensation for Seabed Exploitation Beyond the Territorial Jurisdiction(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۲, Issue ۶, Summer ۲۰۲۲ 25 - 55

کلید واژه ها: International Tribunal for the Law of the Sea International Seabed Authority 1982 Convention Compensation

حوزه های تخصصی:
تعداد بازدید : ۱۱۷ تعداد دانلود : ۱۰۳
The seabed chamber of the International Tribunal for the Law of the Sea is an authority for dispute settlement in seabed area cases. This chamber, in nature, is a specific judiciary for dispute resolution of this marine area in the tribunal. First, the governments must settle their disputes based on one of the peaceful resolution methods, and then should refer to the tribunal in case of agreement. Compared to the International Court of Justice in referring to dispute settlement, the most important feature of the tribunal and its chamber is the creation of a specific chamber and dispute settlement through arbitration and the presence of a special judge for dispute parties. Moreover, the seabed chamber can issue an advisory opinion, if required. Therefore, the jurisdiction of the chamber depends on two kinds of optional and compulsory jurisdictions of the tribunal, so that contractors and their guaranteeing states have joint liability for international seabed authority. It should be noted that states are responsible for an action and omission of the act causing harm in the seabed and under the seabed only in case of failure to apply their regulatory advice for contractors. The first and most important compensation for harm to the seabed is prevention from more hazards against seabed and under the seabed. Furthermore, immediate notification to coastal authorities and states, postliminium (restoration of the status formerly possessed), and complete compensation are forms of respective actions.
۱۱۱۳.

Study the Roles of Iran Navy and Naval Alliances in the Persian Gulf and Oman sea(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۲, Issue ۶, Summer ۲۰۲۲ 83 - 109

کلید واژه ها: Iran Navy naval alliances Persian Gulf Oman Sea

حوزه های تخصصی:
تعداد بازدید : ۱۱۵ تعداد دانلود : ۹۳
The formation and activity of naval alliances formed in the waters of southern Iran may lead to a critical situation in the region and an increase in military tension between the naval units of the Iranian army and the military units of the coalition forces. In response to this question, the current research, what roles can the Navy of the Islamic Republic of Iran play in confronting naval coalitions? This research is applied in terms of purpose and qualitative in nature. For this purpose, qualitative data was collected by using a questionnaire and through semi-structured interviews with 12 experts and specialists of the Navy, and then by using the method of foundational data theory, the data were coded through three stages of open coding. Axial and selective coding was analyzed and the result was 8 general categories, which in the form of a paradigm model include causal conditions (building power at sea and confidence building at sea), axial category (maritime geopolitical position of Iran), conditions Background (naval knowledge and naval ability), intervening conditions (diplomacy capacities), strategy (development of oceanic navy) and consequence (strengthening of Iran's naval power) were introduced.
۱۱۱۴.

Regulatory Role of International Maritime Organization: Case Study: “Port State Control”(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۱, Issue ۲, Summer ۲۰۲۱ 69 - 83

کلید واژه ها: International Maritime Organization Port State Control the Convention on the Law of the See Regional Agreements

حوزه های تخصصی:
تعداد بازدید : ۱۱۸ تعداد دانلود : ۹۰
The world witnessed a change in the arrangement of international actors after the Second World War and the rise of international organizations in the international landscape. The International Maritime Organization (IMO) was one of these entities, acting as the UN specialized agency in maritime affairs. This study mainly aims at reviewing the regulatory role of the IMO, particularly the Port State Control (PSC) regime, by addressing its concept, as well as the legal basis and the control procedures. This mainly descriptive–inductive study describes and analyzes the legal bases of the PSC. Generally, IMO is identified with two types of functions: legislation and regulation. IMO’s regulatory function is reflected in two main tools, namely, the Audit Scheme of its Member States and Port State Control (PSC). With its supplementary nature, PSC is in fact an efficient maritime system for the safety and protection of the marine environment, encouraging states to watch for the safety of ships other than those flying their flags, especially those visiting their ports. This control system has led to an effective and efficient implementation of IMO rules and regulations.
۱۱۱۵.

Analysis of the Action to Combat to Impunity of Modern piracy from the Perspective of International Law(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۲, Issue ۵, Spring ۲۰۲۲ 1 - 18

کلید واژه ها: Piracy International Crime Impunity united nation Convention on the Law of the Sea International Criminal Court

حوزه های تخصصی:
تعداد بازدید : ۱۱۴ تعداد دانلود : ۹۹
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.
۱۱۱۶.

Exploiting the Bed and Subbed of the Seas from Juridical and Law Perspective(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۲, Issue ۶, Summer ۲۰۲۲ 1 - 23

کلید واژه ها: Bed and Subbed of the Seas Governments Sovereignty international law The law of the seas common heritage of mankind

حوزه های تخصصی:
تعداد بازدید : ۱۰۸ تعداد دانلود : ۷۵
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.
۱۱۱۷.

An overview of US Behavior in the Peaceful Use of the Seas from the perspective of the UN charter and Convention on the Law of the Sea 1982  (مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۲, Issue ۸, Wintert ۲۰۲۳ 1 - 5

کلید واژه ها: Peaceful Use of the Seas UN Charter Convention on the Law of the Sea 1982 US behavior

حوزه های تخصصی:
تعداد بازدید : ۱۰۸ تعداد دانلود : ۱۳۷
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. 
۱۱۱۸.

Fair Arbitration in International Disputes From A Human Rights Perspective: With an Overview of Arbitration in the Maritime Environment(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۲, Issue ۸, Wintert ۲۰۲۳ 69-90

کلید واژه ها: maritime arbitration Human Rights right to a trial Non-waivable rights fair arbitration

حوزه های تخصصی:
تعداد بازدید : ۱۱۱ تعداد دانلود : ۱۲۴
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.
۱۱۱۹.

Naval Electronic Warfare from the International Humanitarian Law Perspective(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۲, Issue ۶, Summer ۲۰۲۲ 57 - 81

کلید واژه ها: Humanitarian law Naval Electronic Warfare Information Warfare manual

حوزه های تخصصی:
تعداد بازدید : ۱۰۶ تعداد دانلود : ۹۷
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.
۱۱۲۰.

Analysis of the responsibility of the representative of a foreign company in international contracts, a case study of shipbuilding(مقاله علمی وزارت علوم)

نویسنده:
منبع: Maritime Policy, Volume ۲, Issue ۵, Spring ۲۰۲۲ 113 - 127

کلید واژه ها: Iran situation investment- trading International Maritime Organization

حوزه های تخصصی:
تعداد بازدید : ۱۰۵ تعداد دانلود : ۹۲
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.

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