Iran's accession to the 1982 UN Convention on the Law of the Sea Based on the SWOT Framework(مقاله علمی وزارت علوم)
منبع:
Maritime Policy, Volume ۲, Issue ۵, Spring ۲۰۲۲
129 - 144
حوزههای تخصصی:
The government of Iran has signed the UN Convention on the Law of the Sea1982, but in the past 40 years since Iran signed this convention and 28 years after the implementation of this convention in 1994, the government has always refused to approve this convention, which is the most important convention in the field of maritime and no plan or bill has been presented in the government or parliament for its approval. In this article, using the analytical descriptive method, the strengths, weaknesses, opportunities and threats and legal doubts of Iran regarding this convention, which is actually the most important regulation in the field of the law of the sea, are examined and finally, a fundamental analysis is provided to resolve Iran's concerns in the direction of ratifying this convention. The results of this research show that Iran can enjoy its benefits such as maritime technology transfer and other benefits by joining this convention. In terms of the threats and weaknesses of this convention regarding the innocent passage of naval vessels in the territorial waters of Iran, it is possible to remove this threat as a precondition of prior notification and obtaining prior permission or both for the innocent passage from the territorial sea based on the practice of countries such as China, India, Pakistan, Sweden, Bulgaria, Poland and other countries. In the discussion of the Strait of Hormuz and the transit passage based on the provisions of the law of the sea Convention, by creating the non-suspendable innocent passage in peacetime, the weaknesses of this Convention regarding the internationalization of the Strait of Hormuz can be modified by creating a special regime for the strait, considering that in The narrowest part of the Strait is the territorial waters of Iran and Oman, it is excluded from transit passage.