مطالب مرتبط با کلیدواژه

International Law of the Seas


۱.

A New Interpretation of the Jurisdiction of the Coastal State and Its Impact on Dealing with Marine Pollution from Internal Waters to High Seas(مقاله علمی وزارت علوم)

کلیدواژه‌ها: International Law of the Seas Coastal States legal jurisdiction marine pollution 1982 Convention of the Seas

حوزه‌های تخصصی:
تعداد بازدید : ۱۳۲ تعداد دانلود : ۱۴۷
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.
۲.

Analysis of the International Responsibility of Governments In the use of Laser Weapons in Maritime Conflicts from the Perspective of International Humanitarian Law(مقاله علمی وزارت علوم)

کلیدواژه‌ها: Maritime conflicts laser weapons international responsibility International Armed Conflicts International Law of the Seas

حوزه‌های تخصصی:
تعداد بازدید : ۱۶۷ تعداد دانلود : ۱۶۰
In recent years, we witnessed the use of laser weapons in naval conflicts in the Persian Gulf, the Strait of Hormuz and the Sea of Oman. Conflicts that are not armed and under the laws of hostilities and the rights of war are not considered, and the use of laser weapons in them violates the principles of proportionality and necessity in international humanitarian law. Based on the Fourth Protocol of 1995 of the 1980 on Conventional Weapons and Article 86 of International Customary Humanitarian Law, the use of blinding and permanently blinding laser weapons is prohibited. Based on Article 36 of the 1st Additional Protocol of 1977, the governments in the production and use of new weapons should ensure that they are not prohibited from the point of view of international rules.the use of laser weapons in the aforementioned maritime conflicts is a violation of international obligations and has a criminal nature, and according to Article 2 of the 2001 international responsibility plan of governments, it causes the international responsibility of the governments that use it. The main goal of this research is to analyze the international responsibility of governments in using laser weapons in maritime conflicts in the Persian Gulf and the Sea of Oman. Therefore, by using an applied research with a descriptive-analytical method to collect the data obtained through library studies and field investigation, we have sought to realize this goal. The result of the research showed that laser weapons are a violation of international obligations in the field of intimidation, unnecessary pain and suffering, use by terrorist groups, intelligent murder,violation of the right to life and the right to reproduction. humanitarian rights, human rights and mandatory rules and universal obligations are international and are considered an international violation and cause the international responsibility of governments.