International Journal of Maritime Policy
Maritime Policy, Volume 4, Issue 15, Autumn 2024 (مقاله علمی وزارت علوم)
مقالات
حوزههای تخصصی:
Background and Theoretical Foundations: Lakes are among the most important natural habitats, life-giving systems, and productive environments in the world. They have always been exposed to threats, destruction, and dangers throughout human history. As one of the most important international lakes, this lake has faced serious threats due to factors such as water level reduction, pollution, climate change, and human pressures. Methods: The present study, using the descriptive-analytical method, deals with the approach of international environmental law regarding the responsibility or non-responsibility of the Iranian government for the drying up of Lake Urmia. Findings: Lake Urmia, one of the largest salt lakes in the world, is rapidly losing water and drying up. This environmental hazard has raised concerns about its consequences and impact on surrounding communities. Maintaining and improving the condition of Lake Urmia requires the cooperation of all related people and institutions. This includes governments, organizations, researchers, civil society, and the international community. Everyone should pay attention to this issue and take appropriate measures to maintain and improve the condition of Lake Urmia. All individuals and institutions need to understand that the drying up of Lake Urmia is a global issue and requires the cooperation of all relevant parties to combat it. Conclusion: By adopting appropriate measures and effective interaction, it is possible to realize a significant improvement in the condition of Lake Urmia. Based on the provisions of international conventions and environmental principles and the perspective of international organizations, governments have international responsibility in various environmental fields, including the protection and restoration of lakes. Governments are responsible for preserving natural resources such as water, soil, forests, and biological resources. Carrying out numerous development projects in the area of Lake Urmia, such as the construction of the Shahid Kalantari highway and numerous reservoir dams on the rivers that supply water to the lake, disturbs the ecological and hydrodynamic balance of Lake Urmia and is considered contrary to the commitment to promote reasonable use in the framework of the Ramsar Convention. The inefficiency of environmental impact assessment systems, starting projects before presenting the results of environmental assessment, not publishing and notifying the results to the public, not using the best available technology, etc. has finally endangered the life of this valuable wetland more and more. Therefore, the government of Iran is responsible for the drying up of Lake Urmia and its environmental damage according to international conventions and is required to comply with environmental principles to preserve and improve the conditions of Lake Urmia. The government of Iran should formulate and implement appropriate policies and laws to prevent illegal exploitation, pollution, and sabotage of these resources.
Maritime Search and Rescue Operations in The Light of International Law: The Nature of the Operation and The Method of Allocating Rescue Rewards(مقاله علمی وزارت علوم)
حوزههای تخصصی:
Background and Theoretical Foundations: In today's world, with the increasing dependence of countries on meeting their most basic needs through maritime transport, the use of vessels and shipping lines has increased so that more than 90 percent of goods and raw materials are transported worldwide by maritime transport. Hence, this situation has led to the growth of maritime accidents such as collisions, fires, Stranding, etc. Hence, one of the most important principles that has always been of concern to seafarers has been the issue of saving lives and property at sea. so, the international community has sought to create an international legal system to encourage as many vessels as possible to help each other in emergencies to reduce losses caused by maritime threats and dangers under the Brussels and London conventions. Methodology: In this research using Descriptive-Analytical and Comparative methods. This research aims to examine the position of international law regarding the performance or refusal to perform rescue and rescue operations at sea and, in general, the international legal system governing the allocation and payment of rewards resulting from these operations. Finding and Conclusions: Although the allocation of rewards resulting from the operation is contingent on its success, the amount of the reward depends on several factors. However, in international law, the responsibility and duty to carry out rescue operations, subject to specific conditions, lies with the vessel's commander.
A comparative study of the role of the single customs window system in the realization of citizenship rights in the maritime countries of Iran and Malaysia and its role in the development of sea-based trade(مقاله علمی وزارت علوم)
حوزههای تخصصی:
single window; It is a system that provides the parties involved in trade and transportation with the possibility of exchanging standard information to meet the legal needs of export, import, and transit. From the expansion of the conceptual space of the subject, it will examine customs issues and the single window and their impact on citizen rights. According to the subject documents presented in this research, the research method is descriptive-analytical and the method of collecting information in this research is library. The main question of the article is: How can the establishment of a comprehensive customs system and cross-border trade window be effective in the development and promotion of citizenship rights in Iran and Malaysia? In response to this question, we can state our hypothesis as follows: "Establishment of a comprehensive customs system and cross-border trade unit window through the protection of intellectual property, privacy and increasing the communication of interested parties in the export and import process can lead to development. citizen's rights and have an effective role in reducing corruption" The conclusion of this article is that in the implementation of the trade facilitation agreement and the creation of a single window; It will be possible for economic operators to provide the necessary information in specific forms to a single unit with system automation and receive all permits and legal issues related to their activities from the same point. Therefore, this will be a positive measure to ease things, increase transparency, and reduce systemic corruption.
Investigating Iran's maritime transport development solutions affected by the war between Russia and Ukraine(مقاله علمی وزارت علوم)
حوزههای تخصصی:
Background and Theoretical Foundations: Moscow believes that the West's approach to Ukraine is carried out with two methods of expanding the European Union, known as the Eastern Partnership Program and encouraging Ukraine to join NATO. Therefore, the Russians believe that if Kyiv joins the European Union, other countries of the former Soviet Union will gradually leave the Kremlin's sphere of influence. Ukraine joining the European Union will not only border Russia with NATO, but will also reduce Russia's influence. In this regard, Moscow wants a pro-Russian government in Ukraine and therefore will not tolerate a pro-Western country that is a member of NATO. Methodology: The research method is descriptive-analytical, which was collected and conducted through the study of library documents. Result: The research hypothesis can be proposed in this way that the interaction between Iran and Russia, taking into account measures such as the permanent and official presence of Iran in the ports of the Mediterranean Sea and the Black Sea, greater convergence between Tehran and Moscow in solving the legal consensus of the Caspian Sea, the maximum benefit of the route of the Caspian Sea in the transit of goods in the North-South corridor can be realized. With the experiences they had learned from the past, this time the Russians came to the field with a more aggressive model against the actions of the West and NATO, and with military intervention and a show of power, they are trying to change the geopolitical game in their favor. Western reaction against this action caused increased pressure and intensified sanctions against Russia. Russia seeks to play an effective role in global equations and to improve its position in the international system and economic growth while expanding its sphere of influence. In this regard, it needs organizational and political cohesion for its benefit and in line with its defended values at the regional and global level. Nevertheless, the war between Russia and Ukraine can highlight Iran's status as a regional power. Conclusion: In the interaction of the balance of power in the relations between the great powers following the Russian military attack on Ukraine, creating a buffer zone between Russia and NATO can contain opportunities and threats for the countries of the region, especially the Islamic Republic of Iran and its foreign policy. Therefore, Iran, as an intermediate power in the world, should pursue a policy based on a positive balance, seeking to make the most of the current gap created in the relations between Russia and the West, for its interests and national security. On the other hand, because the Russians are self-interested and have a realistic and pragmatic policy, they consider an independent and powerful Iran a geopolitical supplement to developing their influence and future. The cooperation between Tehran and Moscow in the last two decades has been going on in various dimensions, despite some inadequacies, and has continued, especially much more so in the fields of security and defense. The secret of Russia's renewed emphasis on naval power is that this country is seeking to gain its share of power in the international system. In the meantime, countries like Iran, which have an important position in the relations between Russia and the West, are affected by international competition, whether they like it or not. In the meantime, Iran can catch the opportune chances that are present in naval strategy and operationalize its natural potential. Operationalization of the opportunities can be realized for Tehran by formulating maritime strategy solutions and bilateral interaction with Moscow. Therefore, it is clear that the Islamic Republic of Iran with interaction and agreement with Russia and the permanent and official presence of the Iranian naval fleet in the sea ports Mediterranean Sea and Black Sea ports, and also by more convergence with Russia in solving the legal consensus of the Caspian Sea, can increase the development of its maritime transit cooperation. The sale of Russian oil and gas through the Caspian Sea, the maximum benefit of the Caspian Sea route in the transit of goods in the North-South Corridor, can also be another achievement of Iran in using the opportunity of the confrontation between Russia and Ukraine in this region
Identification of Parties and Third Parties Binding to Maritime Dispute Arbitration(مقاله علمی وزارت علوم)
حوزههای تخصصی:
Background and Theoretical Basis: In today's world, due to the relatively complex procedures of judicial proceedings in national and international courts, the use of arbitration for the resolution of disputes is expanding. International maritime arbitration has a special place because more than 90 percent of goods and maritime trade is carried out by sea and ships, and this type of arbitration has been identified as a special category of arbitration in the guidelines of the International Bar Association (IBA). Relatively few law firms specialize in maritime arbitration and there is a need to pay attention to the resolution of disputes between shipping companies at the national and international levels, given the high volume of international trade. Methods: In this research, using a descriptive-analytical method, the identification of the parties and the entry of a third party into the arbitration of maritime disputes were studied and analyzed. This article aims to analyze and discuss the approaches adopted by arbitral tribunals and courts regarding the legal status of non-signatory parties in the context of the two main centers of maritime arbitration: London and New York. Findings and Conclusion: As a matter of principle, only parties who have executed an arbitration agreement will be bound by it. However, there are exceptions where parties may be allowed to refer to or be forced to arbitrate even though they have not signed an arbitration agreement. In the maritime industry, the issue of determining whether an arbitration clause is binding on third parties is critical. The structure of this section is susceptible to disputes involving non-signatories. Usually, maritime contracts are concluded by third parties in the framework of agency relationships, and contracts are assigned. Also, whether bills of lading can bind the holder to the charter party's arbitration clause is often disputed. The complexity of today's maritime trade has resulted in operators such as ship-owners, charterers, and cargo owners often operating in a corporate group structure where affiliates in specific business areas are interrelated and sometimes operate as an organization. "Front" for other companies.
Study the Necessities and Solutions for Sea-based Development in Iran: A Comparative consideration of Some Asian Countries(مقاله علمی وزارت علوم)
حوزههای تخصصی:
Background and Theoretical foundation: The size of the world's maritime economy (ocean goods and services) reached a record $2.2 trillion in 2023. Iran's share of this large economy is about one percent, including offshore oil and gas activities, between two and two-seven percent. With 310,000 square kilometers of maritime area and about 5,300 kilometers of coastline, which constitutes about 30 percent of the country's borders, Iran is considered a maritime country and has access to the sea from the north and south, but it ranks last in the world in terms of exploiting this God-given blessing. Methodology: This research has studied the necessities and solutions for seaborne development in the Islamic Republic of Iran and a comparative study of the situation of some Asian countries using a descriptive-analytical method. Findings: According to statistics from the United Nations Conference on Trade and Development (UNCTAD) and according to statistics from the Ocean Economy, it will be a business with a population of 3 billion and a value of over $6 trillion in 2024. Therefore, Iran needs to take fundamental steps to create an ocean economy structure. Conclusion: The ocean economy is worth between $3 and $6 trillion and offers huge opportunities for developing countries to build resilience. The United Nations Conference on Trade and Development (UNCTAD) says in its latest report, “Trade and Environment Review 2023,” that ocean-related businesses support the livelihoods of nearly 3 billion people. The share of the sea in the gross domestic product in the coastal countries of the European Union is 50 percent, but in Iran, despite its nearly 3,000 kilometers of coastline, this figure is only 2 percent. Therefore, Iran can institutionalize the basis for sea-based economic development by investing in its southern coasts, especially the Makran coast.