درخت حوزه‌های تخصصی

Regional and international environmental regimes are considered as one of the tools for protecting the environment. In classification of regimes based on the obligations of member states of a regime, they are usually divided into two groups of positive and negative. In positive regimes, governments are required to implement measures in the area of agreement and jurisdiction, while the government in the negative regimes is banned from implementing certain measures. The implementation of positive legal regimes is more difficult than achieving negative regimes. In a positive legal regime, participating governments will need financial, technical, administrative, and legal resources to implement these regimes. International agreements must be reflected in the internal legislation of the countries and the behavior of all of them must be changed. In that case, a regime can be effective. In this regard, the Caspian ecological convergence regime in the light of effective protection and conservation can provide a positive approach to the obligations of the five Caspian states.

One of the pivotal concepts in Maritime Law is a ship’s seaworthiness. Not only its effect is not limited to one element of the shipping industry, but also affects Marine transport, Marine Insurance, Marine Pollution, Carriage of Goods by Sea, Liability, and all other respected bodies in shipping. The concept of seaworthiness has evolved over many years, but it is not clearly point to the exact coverage of seaworthiness in any particular stage of the ship voyage, especially while she is making her way through the fairways and channels to be finally alongside. The ship owner is obliged to provide a seaworthy ship which is the core in the carriage of goods by sea, included in charter parties, where the contract of carriage is between the ship owner and charterer. As seaworthiness is not usually defined in modern standard form charter parties, the meaning of the concept must be ascertained from cases being decided at common law. For this purpose, a large number of decisions of maritime courts were reviewed in order to know the main body of ideology of competent maritime courts to explain and interpret the concept of seaworthiness of a ship.As a result, it is important to analyze the position of the current law; the Common Law, the Hague/Hague-Visby Rules and Hamburg Rules, and the other related regulations, to assess the importance of this concept (As a duty), and how the courts dealt with it under the different types of carriage contracts. Furthermore, it would be important to assess whether the current law is sufficient to reflect the changes in the shipping industry in general, and especially after the introduction of the ISM and ISPS Codes which could considerably affect the carrier’s obligation; or if a desire for change in the law is needed to reflect the changes.

The environment of the seas is one of the global concerns, the effects and consequences of which cannot be hidden in the political, economic,and security fields of the coastal countries or all the governments of the world.This is because today most of the countries of the world benefit directly or indirectly from the benefits of the seas.Based on this, the concern of the present research is to be able to address the responsibility of the coastal states in protecting the environment of the seas by relying on the principle of participation.The question of the current research is,what are the solutions to make the coastal states responsible for the area of the marine environment?In line with this question,the findings of the present research have shown that making the coastal states responsible requires creating a balance between the economic interests of the states and environmental groups.Also,relying on scientific and research findings concerning the opinion of experts,the principles of international maritime law,and also modeling some regional treaties such as European maritime laws or restrictions imposed by the Australian government,is a suitable support for Identifying the rights and duties of coastal states. Also,the participation of the coastal states automatically and with their supervision is not a solution. This is because the coastal states have interests in marine resources, and in return, the role of non-governmental organizations, civil society, and free media should be taken into account to identify the environmental problems of the seas and also provide solutions from them citing cases of pollution, the contribution of each government and The amount of responsibility of that government is specific. In the current research, due to the critical nature of the topics, the theoretical framework of problem-solving, which originates from critical theory, was used. Also, the research method is descriptive and analytical using library tools.