فیلتر های جستجو: فیلتری انتخاب نشده است.
نمایش ۱٬۰۸۱ تا ۱٬۱۰۰ مورد از کل ۱٬۱۳۲ مورد.
۱۰۸۲.

A Socioeconomic Analysis of Piracy in the Northern Indian Ocean and its Solutions under International Law(مقاله علمی وزارت علوم)

کلیدواژه‌ها: Piracy Maritime Trade Socioeconomic Costs Northern Indian Ocean

حوزه های تخصصی:
تعداد بازدید : ۶۵۵ تعداد دانلود : ۱۶۲
Maritime transport has become significant as the backbone of global trade and, consequently, globalization, which is the basis of the globalizing project of the economy, which, with an attitude of dependence on the development of countries and the international maritime trade, lends more importance to maritime trade. Securing maritime trade, with the emergence of recent insecurity as the most important concern for the countries that benefit from this, is one of the most important options for world trade due to its high transport capability, low cost and ease of transportation. As a result of the vast dependence of countries on maritime trade, there are various problems, such as piracy and environmental pollution, which, in turn, has become a global downfall. Modern piracy has new patterns. Although the nature of the crime is the very essence of this activity, the context for replacing these changes is to be considered. Piracy and robbery not only can stop the logistics chain from leading to economic consequences, but also it will lead to the loss of life, short-term and long-term health problems for seafarers and travelers; the consequences that require more analysis. In this article, we have tried to investigate the history of piracy and analyze the pathology of this global problem and provide solutions for the issue.
۱۰۸۴.

The Voyage Charter Party Considerations According to International Maritime Law(مقاله علمی وزارت علوم)

کلیدواژه‌ها: Voyage charter party the obligation of the parties International Maritime Law

حوزه های تخصصی:
تعداد بازدید : ۶۱۶ تعداد دانلود : ۲۳۲
The attempts will be made to compare and analyze the provisions and clauses of the different charter parties, demonstrate and disclose some of the disputable problems in the standpoint of views of the parties connected to the charter party, which have been existed and encountered during the performance and operation of the contract of affreightment, inter alia, the voyage charter party forms, the incorporated provisions and rider clauses. In this part of the research topic, the utmost attempt has been made to go to the root of the encountered difficulties and disputes. There has been thought of a need for reconsideration and reconciliation of the interpretation of the clauses which appeared to be assumed to lack of global uniformity. The parties to the charter party are the ship-owner and the charterer to whom, inter alia, the obligations, rights, liabilities, and risks are allocated, whereas, the review of the important aspects of the voyage charter party will be considered in due course in details. This piece of work is going to be based on shipping practices and experience of my own sea service and handling of maritime arbitration cases and consultancy for the disputed and claimed cases.
۱۰۸۵.

Checking the Status of the Caspian Coast Tourism Based on SWOT: An Overview of the Development of Maritime Sport Tourism in Mazandaran as Maritime Province(مقاله علمی وزارت علوم)

نویسنده:

کلیدواژه‌ها: coastal sports Coastal Tourism Mazandaran Maritime tourism tourism strategy

حوزه های تخصصی:
تعداد بازدید : ۶۰۷
The northern shores of Iran, especially the shores of Mazandaran province, have long been a popular destination for tourists. Sea and coastal tourism is one of the most popular forms of tourism in today's world.This research tries to study and analyze the strengths, weaknesses, opportunities and threats of the strategy on coastal tourism. This research method is descriptive-analytical and is formed like a field method. Given the importance of the maritime tourism industry, careful study and analysis of the factors affecting the development of this industry importance. Influential factors and components such as security, marketing and technology have been analyzed on the development and prosperity of tourism at sea, as well as short-term, medium-term and long-term operational plans for the development of maritime tourism. Security was considered to be the most important and fundamental principle in the development of tourism development strategy in the world Statistical Society due to the Morgan table so that assuming the maximum population of Statistical (384) people as a sample were chosen. The results show that the Coastal tourism of Mazandaran province In terms of strategic location and the internal and external matrix is located in the Conservative area؛ in other words it can take advantage of opportunities in the external environment in coastal tourism by emphasizing on sports activities that can show the weaknesses of internal problems better. That means that in the outside there are very good opportunities to promote coastal tourism with an emphasis on sports activities. However, because of weaknesses in the domestic environment (organization), these opportunities cannot be exploited.
۱۰۸۷.

The Legitimacy of Using Naval Mines Technology during Peacetime in the Light of Developments in International Law of the Seas(مقاله علمی وزارت علوم)

نویسنده:

کلیدواژه‌ها: naval mines International Law of the Sea New Technologies Peace

حوزه های تخصصی:
تعداد بازدید : ۵۳۳ تعداد دانلود : ۱۶۶
Naval mining technology is one of the tools that have a dual function. And an effective tool in times of peace and crisis as well as during the war that the eighth convention of The Hague in 1907 has regulated the use of contact mines during the armed naval conflict. Nevertheless, pouring sea mines during peace time is a legal choice for governments in the waters and their territorial sea, and even in their international territories. But, dumping at sea in times of peace and in crisis situations is a danger, and in fact, in each of the maritime territories, it is in contrast to freedom and the right to transit, as well as peaceful freedom of movement, which is extremism and the issue in this regard could be a threat to international peace and security. Nevertheless, new mine technologies can somewhat prevent the risks and the obligations of governments, depending on the type of mine, also vary. Therefore, this paper discusses the legitimacy of the use of sea mine technology in peacetime in the light of developments in the international law of the seas and the opinions of the International Court of Justice. And proves the relationship of this kind of technology to ensure the security of the coastal state and pre-crisis will be timely and valuable; this type of strategy and technology within the framework of legal constraints, international law is justifiable. Research method of this paper is analytical-compilation method and data collection method is library-documentary method.
۱۰۸۹.

Disarmament, Weapons Control and Defense Diplomacy in the Views and Thoughts of Imam Khomeini(مقاله علمی وزارت علوم)

کلیدواژه‌ها: defense Security DISARMAMENT AND ARMS CONTROL mass destruction weapons CONVENTIONAL WEAPONS

حوزه های تخصصی:
تعداد بازدید : ۵۱۳ تعداد دانلود : ۱۵۹
Ensuring defense and security in the international system of disarmament and arms control is one of the most vital areas at the heart of international policy. Defense and security are so closely intertwined that not only do countries seek to increase their defense and security capabilities in order to ensure their security, but also through which they confront potential and actual threats. Defense and security are very important and basic areas that can create deterrence in the light of which security prevails and the harmful consequences of its absence are prevented. The leaders of any society can play an important role in various matters, especially the country's defense-security strategy. Therefore, since most of the military, defense and security affairs of the Islamic Republic of Iran originate from the ideas of the founder of the Islamic Republic of Iran, Imam Khomeini; The need for research and study of their ideas in the field of defense and national security is evident. In this article, as necessary, Imam Khomeini's defense-military views and ideas will be discussed, specifically in the field of disarmament and arms control. The main purpose is to answer the basic question: "What was the goal and meaning of Imam Khomeini's approach to disarmament and arms control?" The temporary answer is that Imam Khomeini was thinking about weapons of mass destruction, Disarmamently, and Controling the conventional weapons of arms.
۱۰۹۰.

Dimensions of the Contractor’s Activities in the “Area” based on Seabed Disputes Chamber’s Jurisprudence and the United Nations Convention on the Law of the Sea’s Provisions(مقاله علمی وزارت علوم)

نویسنده:

کلیدواژه‌ها: Sponsored Contractor Sponsoring State the United Nations Convention on the Law of the Sea Seabed Disputes Chamber International Tribunal Law of the Sea

حوزه های تخصصی:
تعداد بازدید : ۵۰۶ تعداد دانلود : ۱۸۱
Exploitation, Exploration and Extraction of the Area resources are subject to the provisions of the United Nations Convention on the Law of the Sea. States Parties to the United Nations Convention on the Law of the Sea are bound by its provisions to develop the Area economic activities. All states have a duty to prevent harm to the environment including the marine environment. The United Nations Convention on the Law of the Sea has general and ambiguous rules for the support of member states for the operation of sponsored contractors in Area. States are worried that they would be liable by sponsoring contractors from their Area’s actions. Eliminating the ambiguity of this concern is issue of Advisory Opinion that has been requested from the Seabed Disputes Chamber of the International Tribunal Law of the Sea to interpret the provisions of the United Nations Convention on the Law of the Sea. The main question is what are the obligations of the Sponsoring State in supporting the activities of the contractor in the Area based on Seabed Disputes Chamber of the International Tribunal Law of the Sea’s Advisory Opinion? Research findings show that Judges interpret the main concepts outlined in Part XI and XII of the United Nations Convention on the Law of the Sea, including due diligence, obligation to ensure, and obligation to achieve, argued that the Sponsoring State’s obligations to the Sponsored Contractor’s activities are obligation to ensure. The Sponsoring State advocates for the contractor to comply with the provisions of the United Nations Convention on the Law of the Sea and the contracting parties, use appropriate instruments and endeavor to achieve maximum results and achieve these goals. Under these conditions, the responsibility for the damage by Sponsored Contractor to the Area environment is not borne to the Sponsoring State.
۱۰۹۱.

Localization of the Sustainable Development Goals in the Persian Gulf Marine Environment: Challenges and Opportunities(مقاله علمی وزارت علوم)

کلیدواژه‌ها: Sustainable Development Marine environment Persian Gulf International Environmental Law

حوزه های تخصصی:
تعداد بازدید : ۳۷۵ تعداد دانلود : ۱۷۵
Localization of sustainable development goals could reasonably provide a framework to how local and regional governments meet their requirements in respective jurisdictions. Due to the importance of the environment protection in the process of the “sustainable development”, it is crucial for the states to include sustainable development goals in their regulations, laws and policies. In this perspective, presenting new approaches is utterly requested to protect the maritime environment of the Persian Gulf from destruction and degradation. Undoubtedly, there are a number of challenges and obstacles regarding the localization of SDGs in this region that the present paper will examine the strategies for addressing them. In fact, if environmental rules are internalized as a part of the domestic legal system, they will become more prominent and will be more respected. For this reason, one of the fundamental goals of this paper is to elaborate a suitable methodology to explain and design localized indicators of development sustainability at the regional level of the Persian Gulf. The main goals of sustainable development are to attain durable development in maritime areas in which efforts are made to provide a balance between economy, community and the marine environment.
۱۰۹۲.

Environmental Diplomacy from Conflict To Cooperation: Overview of the Need To Develop Maritime Diplomacy to Protect the Marine Environment(مقاله علمی وزارت علوم)

کلیدواژه‌ها: diplomacy Environment conflict Cooperation

حوزه های تخصصی:
تعداد بازدید : ۳۳۶ تعداد دانلود : ۱۸۲
In today's world, countries choose to pursue their own interests in foreign policy, the most common and least cost of which is diplomacy, which, as an independent tool, is widely used in intergovernmental relations. In the discussion of environmental problems and protection of the marine environment, diplomacy is also considered a tool to advance the goals and interests of governments. In this article, the descriptive and analytical method of environmental diplomacy from conflict to cooperation is studied and analyzed. This research seeks to explain the pattern in the context of environmental diplomacy from conflict to cooperation. The findings of this study indicate that environmental challenges both on land and in the seas and oceans arise from climate change, changing rainfall patterns, expanding industry and agriculture, population growth, reducing resources, and increasing conflicts over natural resources and foundations. Biological, exploitation of natural resources in the form of deforestation, Desertification and uncontrolled marine hunting, use of various toxins to combat plant and animal pests to disturb the ecological balance and degradation of the aquatic and terrestrial environment on a local, regional, national, regional and global scale. Therefore, the need for environmental diplomacy to identify common threats and dangers to the global environment and efforts in the form of common commitments and to deal with these threats and dangers and to protect the environment and resources on Earth, the need for environmental diplomacy is inevitable. Environmental protection is also essential for the sustainable development of the seas. From this perspective, maritime and environmental diplomacy complements macro-diplomacy and provides policymakers with a wide range of tools and options. Finally, the activation of maritime and environmental diplomacy is an effective step towards sustainable development, especially sustainable maritime development in coastal countries.
۱۰۹۳.

Presenting the Theory of Maritime Civilization, A Criticism of the Sea Power Theory(مقاله علمی وزارت علوم)

نویسنده:

کلیدواژه‌ها: Sea Maritime Civilization sea power

حوزه های تخصصی:
تعداد بازدید : ۳۲۸ تعداد دانلود : ۱۱۸
Today, there is a need for a new approach toward the sea and sea-based sustainable development. Alfred Mahan, by presenting the theory of Sea Power, made the politicians pay special attention to the sea and navigation. To present the theory of Maritime Civilization, a theory building framework was used. The framework includes three steps, from the Descriptive stage (Observation, Categorization, and Association), to the Normative stage, based on the theoretical basis of the research. The present study, while confirming the positive points of the Alfred Mahan''s Sea Power theory, criticized the nature of thoughts behind the theory. By extracting the necessary terms from literature and research background confirming the positive and negative points of the Sea Power theory and by considering the framework of theory building in Management Science research, a theory called "Maritime Civilization" was presented instead of the Sea Power theory. The results of the study indicated that Sea Power theory has good positive points, however, Alfred Mahan''s approach to the sea is an authoritarian and domineering perspective that, firstly, contradicts values and ethics; secondly, the present discussions about sustainable development and the Green Environment criticize the Sea Power theory. Thus, the theory of Maritime Civilization is presented, according to which the maritime civilization is a civilization in which the intellectual, scientific, industrial, social, economic and political movements are created in conjunction with the sea and the marine environment. Using a set of capacities and resources, this civilization seeks to enjoy a sustainable sea exploitation in order to turn the human and the marine community into a peaceful community. This is a preliminary theory, and for assessing its validity, the views of five experts from the Marine Science universities were used, which necessitates further investigation by other researchers in the future
۱۰۹۴.

An Analysis of the Legal Aspects of the Mandatory Audit Scheme imposed upon the member States of the International Maritime Organization(مقاله علمی وزارت علوم)

کلیدواژه‌ها: International Maritime Organization Mandatory Audit Scheme Voluntary Audit Scheme Subcommittee on Implementation of Instruments Implementation Code

حوزه های تخصصی:
تعداد بازدید : ۳۰۸ تعداد دانلود : ۱۲۹
All various functions of the International Maritime Organization (IMO) can be categorized into two types: legislation and regulation. IMO’s regulatory function includes different processes with various objectives, principles, and mechanisms. This study investigates one of the main IMO regulatory tools, namely, the Mandatory Audit Scheme of its Member States, by studying its objectives, principles, and processes. In general, this regulatory tool has evolved in the historical course of its formation, transforming from a self-reporting tool to a voluntary and then a mandatory one. The Mandatory audit process is also performed based on specific principles. Accordingly, each flag, coastal, and port state has unique responsibilities in addition to their general duties. Overall, the tool contributes to enhancing accountability of IMO Member States regarding their obligations under IMO Conventions. Moreover, it helps the governments identify problems regarding law enforcement as well as applicable maritime safety and environmental standards, including issues that have helped IMO develop its capacity to meet its objectives.
۱۰۹۵.

The Consideration of Maritime Labor Convention Standards for Social Rights and Employment of Seafarers(مقاله علمی وزارت علوم)

کلیدواژه‌ها: Maritime Labor Convention Standards Decent Work IMO Seafarers

حوزه های تخصصی:
تعداد بازدید : ۲۸۱ تعداد دانلود : ۲۱۴
Industry of navigation is one of the most important pillars of world’s economy so that According to statistics More than 90% percent of the world’s goods are transferred by merchant ship lines .According to the latest statistics of 2105, 10 billion tons of goods, equivalent to $ 4 trillion, have been transferred by sea and the global economy is dependent on maritime transport, and the lack of it is causing countries to face the crisis. Therefore the establishment of decent work in environments of merchant ships for seafarers has fundamental importance and inevitable effects on economic in national and international level. Merchant ships of the world that are registered in more than 150 countries employed approximately more than 1.5 million of seafarers and this industry also has 10,000 seamen In Iran that in general they considered as marine workers. This study using analytical – descriptive, consider the International Labor Standards and Decent Work factors with glance of maritime security and safety and IMO standard for People at sea.Findings of this study show that marine works are very hard and chore in terms of physical and mental effects. In fact the convention express fundamental rights and principles those seafarers faced in relation to condition of work and living on board of ship.Therefore seafarers have rights that should observe by ship owners and the state flag should confirm the situation of ships with the requirement of the convention. In principles as the skilled and experiment crew is one of the requirements of successful operation in modern ships the process of shortage and unsatisfied crew can hard effects on this industry especially on the secure operation of ship. In decent work, in addition to having a job, you will be entitled to the right Fundamental work, social support and social discourse are also discussed. In other words, the merit of a job is not only about having a job, but also a number of other factors in the work's competence, including the right to form civil formations of labor relations, the prohibition of discrimination in employment, the observance of the minimum age, the prohibition of child labor, the minimum wage proportional to the minimum subsistence The existence of social security, unemployment insurance, rehabilitation, empowerment of women through the acquisition of appropriate job opportunities and the existence of social dialogue between the employer, the employer and the government are also mandatory.
۱۰۹۶.

Illegal, Unreported and Unregulated Fishing under the Proceeding of the International Tribunal for Law of the Sea(مقاله علمی وزارت علوم)

نویسنده:

کلیدواژه‌ها: Sustainable Fisheries IUU Fishing Exclusive Economic Zone Transnational Crimes International Tribunal for Law of the Sea

حوزه های تخصصی:
تعداد بازدید : ۲۵۷ تعداد دانلود : ۱۵۰
The global issue of Sustainable marine fisheries is considered as common concern to humankind. The emergence and persistence of noncompliant fisheries practices conveniently labelled ‘Illegal, Unreported and Unregulated fishing’ (IUU fishing), is of particular concern for the international community, regional fisheries management organizations and coastal states. The International Tribunal for Law of the Sea (ITLOS) in its first full-bench Advisory Opinion in 2015 found that Arts. 62(4), 58(3), 192 of the United Nations Convention on the Law of the Sea (UNCLOS) contain obligations for a flag state to ensure that vessels flying their flags do not engage in illegal fishing in the exclusive economic zones of coastal states. By this explanation, the Advisory Opinion initially has clarified the inadequate international fisheries law regime through ITLOS interpretive approach, which this paper attempts to examine by applying an exact legal scrutiny. The framework set by the Tribunal may allow States affected by IUU fishing, to exert greater pressure on flag states, particularly flag states of convenience, that do not comply with their responsibilities under UNCLOS. This paper suggests that the regulations on IUU fishing under international law should be enhanced and revised in order to draw an appropriate solution suitable for sustainable fisheries management.
۱۰۹۷.

The Approach of the International Court of the Law of the Sea towards the Principles of Sustainable Development(مقاله علمی وزارت علوم)

کلیدواژه‌ها: Sustainable Development International Tribunal for the Law of the Sea Precautionary Principle Integration Principle Good Governance

حوزه های تخصصی:
تعداد بازدید : ۲۴۲ تعداد دانلود : ۱۵۱
Today, advances in science and technology have increased human power to change the environment; This situation has endangered human survival. Sustainable development is one of the solutions to solve this challenge. The emphasis of sustainable development is on intergenerational commitment and intergenerational and intergenerational justice, quality of life and participation of individuals in the development process. Since international judicial authorities play an important role in the development of international law, it is important to address the jurisprudence of these courts in the context of sustainable development and its principles. This article analyzes some of the rulings of the International Tribunal for the Law of the Sea and states that in its decisions of the last two decades, the Court has made good use of the principles of sustainable development and revealed the normative element of the concept of sustainable development. The rulings of this court indicate the establishment of the position of these principles in the practice of this institution and its positive approach to the rights of future generations, while defending the interests of the current generation.
۱۰۹۸.

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

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

حوزه های تخصصی:
تعداد بازدید : ۱۹۲ تعداد دانلود : ۲۰۷
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.
۱۰۹۹.

Environmental Problems of Persian Gulf From Ecopolitical Perspective(مقاله علمی وزارت علوم)

نویسنده:

کلیدواژه‌ها: Ecopolitics Persian Gulf Institutional Proportionality Environmental risks

حوزه های تخصصی:
تعداد بازدید : ۱۹۰ تعداد دانلود : ۱۵۳
Environmental risks and conflicts in the framework of the relations between countries and subsequently their role-playing in interaction and collaboration or conflicts and struggles between political actors especially in the level of states have reproduced serious discussions and disputes on the environment, security, and power which are interpreted as environmental geopolitics or ecopolitics by modern political geography. Geographically, the Persian Gulf is a semi-enclosed sea that has a very low capacity of self-dredging in comparison to that of high seas; hence, it retains the pollutants for longer periods of time. Some of its environmental problems arise from the various activities of the people residing along the northern and southern shores. If the situation is exacerbated by the factors such as oil and its subsequent pollutions, militarism and its subsequent destruction, desalination of seawater, and the construction of artificial islands, one can conclude that regional convergence between the countries neighboring this body of water in the process of bioregionalism would be of an essential necessity. According to the research findings, states acting in the geopolitical region of the Persian Gulf to produce power, security and to sustain them, from one hand, and to protect this shared aquatic ecosystem in the event of sustainable development, from the other hand, should mobilize all collective cooperations and operationalize the bioregionalism in regional and supranational scales.
۱۱۰۰.

Legal Implications of an Arbitration Award under the 1982 Convention on the Law of the Sea, Case Study of the South China Sea Arbitration(مقاله علمی وزارت علوم)

کلیدواژه‌ها: Historical Rights Islands Low tide elevations Marine environment Arbitral Tribunal

حوزه های تخصصی:
تعداد بازدید : ۱۸۷ تعداد دانلود : ۱۴۷
The southern part of the China Sea has been the site of one of the most important maritime disputes in five decades. Tensions are so high that some predict World War III will break out in the region. The Philippines's referral for arbitration in respect of some of its disputes with China resulted in the issuing of a 2016 arbitration award. The legal and political significance of this Award has caused debates among scholars. The legality of the Award and the validity of the court's arguments in various positions are among the topics of these discussions.  In this study, our main question is how much this award has contributed to resolving and clarifying the legal aspects of the maritime disputes between the parties. Our secondary question is the impact of this Award on regional and international peace. The findings of this study indicate that the arbitral tribunal's approach has a significant impact on understanding the concept of "historical rights" as well as the explanation and interpretation of marine environmental protection provisions in the 1982 Convention on the Law of the Sea. In the tribunal's view, by joining the Convention on the Law of the Sea, the rules concerning maritime zones, except in rare cases, override the historical rights of States. It also played an important role in defining and explaining various maritime features; including islands, rocks, and low-tide elevations. However, the effect of the award on reducing tensions in the southern part of the China Sea, Chinese government policies, and Regional peace is in doubt.

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