کلیدواژهها:
Unsolicited Salvage Persian Gulf islands Applicable Law Salvor's Liability Salvage Convention 1989
Background and Theoretical Foundations: Search and rescue operations at sea are one of the most important humanitarian actions that governments and the International Maritime Organization, on behalf of the United Nations, attempted to organize from a normative, structural, and behavioral perspective in the 20th century, and have dealt with shipwrecks and groundings, oil pollution, ship fires, and engine failure. This research aims to investigate the legal regime governing the unintended salvage operations of various maritime cargoes in the Persian Gulf islands and their surrounding waters, with a case study of Abu Musa, Greater and Lesser Tunb Islands. Methodology: In this research, with a descriptive-analytical approach, the unwanted rescue operations of various maritime cargoes in the Persian Gulf islands and their surrounding waters have been studied, focusing on the islands of Abu Musa, Greater and Lesser Tunb, and international treaties, Iranian domestic laws, and related legal provisions have been legally analyzed to ensure the rule of law. Findings: assistance to seagoing vessels in danger and their rescue, as well as the rescue of objects contained in them, the carriage of cargo and passengers, and similar services that seagoing vessels and ships special for navigation in inland waters and other maritime areas such as the surveillance zone and the exclusive economic zone, provide to each other, regardless of the type of service, location, and occurrence, are recognized in the Iranian legal system. Conclusion: Iran's legal system has taken into account the Maritime Law approved in 1964 in Chapter Eleven - Assistance and Rescue at Sea in 10 articles from Article 173 to Article 183. This law, in Article 173, has recognized assistance to seagoing vessels in danger and their rescue, as well as the rescue of objects contained in them, the carriage of cargo and passengers, and similar services that seagoing vessels and ships special for navigation in inland waters provide to each other, regardless of the type of service, location, and occurrence. Also, Article 174 explains the remuneration for assistance and rescue, and any type of assistance and rescue that has a beneficial result is entitled to fair remuneration. In addition, this article states that if the assistance or rescue does not have a beneficial result, no remuneration will be due for it, and in no case will the amount paid exceed the value of the rescued objects. Iran has also ratified two important conventions on rescue and salvage, such as the 1989 Convention on the Survival of Life at Sea and the 1989 International Convention on Maritime Salvage (SALVAGE), in its legal system. Therefore, these islands are part of Iranian territory based on domestic and international laws and are subject to Iranian laws and regulations, and all rescue and relief operations must be institutionalized based on Iranian laws and regulations and international conventions.
