درخت حوزه‌های تخصصی

After dividing the sea as areas under the sovereignty and sovereign rights of the coastal states and High seas in  the 1982 Convention on the Law of the Sea, and as a result of the possibility of detaining some foreign vessels violating the rules governing these areas, this convention also has rules regarding the prompt release of these vessels and how Its implementation has been stated in the judicial proceedings of the Coastal Government. In this regard, cases have been introduced in the International Tribunal of Law of the Sea, whose analysis can be considered as a judicial procedure and a secondary source of the law of the sea in development. In this article, in addition to the analysis and review of the judicial procedure and the 1982 Convention on the Law of the Sea, Iran's internal rules have also been reviewed in this regard. This research seeks to answer the question, in addition to clarifying the various aspects of immediate release, what are the criteria for prompt release, and what are appropriate and reasonable bonds? The research method is descriptive and analytical, and materials have been prepared based on library and documentary studies.

The increase in sea traffic with commercial ships, warships, and submarines, followed by the spread of pollution of the seas in the last century, has not only led to the threat and destruction of vital resources and marine habitats but also a source of tension and conflict between units and actors. It has provided political and can be a threat to the world community. Despite Legal requirements, pollution in the seas is increasing. The sovereignty-oriented nature of marine pollution legal requirements is one of the most important reasons for governments' reluctance to implement regulations related to marine pollution because the development of rules in this field, as well as the implementation of regulations related to marine pollution, are still within the scope of governments' satisfaction. Considering the importance of protecting the marine environment, this research deals with the scope of the coastal government's competence to deal with marine pollution using a descriptive-analytical method and with the help of library data and international documents. The findings of the research show that although the instrumental use of the concept of national sovereignty has created the basis for the pollution of the seas, Recent developments in the field of international law of the sea, such as the drafting of Article 3 of the Convention on Interference in the High Seas and paragraph one of Article 218 of the Convention on the Law of the Sea, indicate the extraterritorial expansion of the jurisdiction of coastal states to deal with marine pollution, although in a limited way.