International Law
zahra sadat shareq; Hossein Rezazadeh
Abstract
Seafaring is one of the risky jobs that needs more support and attention from governments and the international community. Human rights apply at sea as they do on land. Since the abuse of human rights at sea is not as tangible as it is on land, it has not received much attention from the international ...
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Seafaring is one of the risky jobs that needs more support and attention from governments and the international community. Human rights apply at sea as they do on land. Since the abuse of human rights at sea is not as tangible as it is on land, it has not received much attention from the international community. However, due to the importance of the role of shipping in international trade and, consequently, the role of seafarers in this industry, this group should be given more attention. Accordingly, international organizations and non-governmental organizations (NGOs) such as ILO (International Labor Organization) pave the way for protecting seafarers' rights by developing international documents.The most important international document by the ILO is the Maritime Labor Convention. The Maritime Labor Convention (2006) is often described as the "Seafarers' Labor Rights Charter". This convention places responsibility on the flag state and the port state as well as the labor supply state.The unfavorable working conditions of seafarers, due to the temporary nature of their work and the lack of effective implementation of domestic and international laws by the flag state, put seafarers in a bad situation. Seafarers' rights depend on where the ship is registered. Examining the policies of the governments that grant convenience flags and paying attention to the cases in which even the seafarers’ basic rights are ignored, it is evident that joining international documents on behalf of these governments is a tool for them to present a positive image in the international community.On one hand, lack of implementation of a monitoring mechanism on seafarers' rights and international agreements and documents leads to the violation of international obligations. On the other hand, the seizure of ships by the coastal states for various reasons and detention of the crews, in a country whose laws are not familiar, may further result in the violation of seafarers' rights. Whereas the expansion of the use of convenience flags places more prominence on the role of the coastal government to enforce the rights of seafarers.The coastal government plays an important role in observing the rights of seafarers based on the Convention on the Law of the Sea, the Maritime Labor Convention, and the Tokyo and Paris Memorandum. In addition, for the effective implementation of seafarers' rights, there are international organizations such as FAO, IMO, and ILO that aid in this path, in addition to better and more cooperation with non-governmental organizations such as the "Human Rights at Sea".Obviously, rights have a limited value if it is not implemented in practice. So how can seafarers guarantee the implementation of their rights? Or in case of violation, how is it possible to compensate? As said before, the rights of seafarers are described in international conventions and treaties, the ILO conventions allow seafarers to learn about their rights and encourage the government to implement laws and regulations to protect them, but the mentioned documents lack a guarantee to oblige governments to implement them and so, there is no monitoring and reporting mechanism for human rights violations at sea. The monitoring mechanism should be available for the crew to sue the violation of their human rights.It seems that the establishment of competent maritime courts and the possibility of access to these courts can guarantee the observance of seafarers' rights. Although the establishment of competent courts is an important step in promoting respect for human rights, the establishment of competent courts will not be effective without experts who are familiar with the rules of international law and the law of the seas. There is hope that the establishment of the Maritime Court along with the approval of the "Commercial Shipping Law" will improve the respect and enforcement of seafarers' rights in Iran. It is better for the judges and experts of this specialized court to be familiar with the principles and rules of international law of the seas and other branches related to international law, including human rights. In other words, the establishment of courts with exclusive jurisdiction and the presence of judges and legal experts with sufficient knowledge in the field of international law of the seas and familiarity with the principles and rules of international law can have a significant impact on protecting the rights of seafarers. In this paper, we use the descriptive-analytical method and library resources as well as electronic resources such as books, articles, theses, and official conferences related to the subject (regional and international) in Persian and English languages.
zahra sadat shareq; Hossein Rezazadeh
Abstract
Since non-compliance with human rights at sea is not tangible to what is happening on land, it doesnot receive much attention from the international community. While human rights must be taken into account at sea as much as they are on land. Given the fragmentation in international law, the relationship ...
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Since non-compliance with human rights at sea is not tangible to what is happening on land, it doesnot receive much attention from the international community. While human rights must be taken into account at sea as much as they are on land. Given the fragmentation in international law, the relationship of human rights and law of the sea has provided the necessary grounds for the humanization of the law of the sea. One of the reasons for the fragmentation in international law is the creation of self-contained regimes. Undoubtedly, among these systems are human rights and law of sea, each of which has its own resources and mechanisms, and the collision of these systems with each other in the international system is inevitable. The interaction of the law of the sea with human rights can be seen as an opportunity to develop international law in order to further develop the rule of law. The purpose of the law of the sea is to regulate the relations of states at sea, but our intention is to go in the opposite direction and write about the relation between individual and state in this arena and the interaction between human rights and the law of the sea.
Elham Aminzadeh; zahra sadat shareq
Abstract
One of the conflicting areas of law arising from custom and treaty is manifested in sea. This happens when a state tries to prove its sovereignty on body of waters that is under sovereignty of another state or part of high seas. Conflict of interest in peripheral states of South China Sea was aggravated ...
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One of the conflicting areas of law arising from custom and treaty is manifested in sea. This happens when a state tries to prove its sovereignty on body of waters that is under sovereignty of another state or part of high seas. Conflict of interest in peripheral states of South China Sea was aggravated by claiming historical sovereignty and rights of China based on Nine-Dash Line in the seabed. Philippines referred to the Permanent Court of Arbitration on the Law of the Sea Convention and brought the dispute to the international arena and once again raised the issue of historic waters. Although China didn’t appear before the PCA but the Court by referring to obligation of parties according to the Law of the Sea Convention concluded that the claim of China is on the contrary of its obligation under United Nations Convention on the Law of the Sea, hence refused to accept it.
Abdollah Abedini; Zahra Sadat Sharegh
Abstract
The conclusion of Joint Comprehensive Plan of Action (JCPOA) has made significant changes in the process of discussions about Iran’s nuclear program in Security Council. One of these important changes was alternation of SC’s approach about Sanction Committee 1737. The content of resolution ...
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The conclusion of Joint Comprehensive Plan of Action (JCPOA) has made significant changes in the process of discussions about Iran’s nuclear program in Security Council. One of these important changes was alternation of SC’s approach about Sanction Committee 1737. The content of resolution 2231(2015) indicated the end of the task of the Sanction Committee would be coincided with the revocation of sanctions. Yet, some of the sanctions will be continued until the termination of resolution 2231, and having supervision on them would be necessary. Prospect of establishment of a Joint Commission in JCPOA, with same tasks as the Sanction Committee 1737, has created doubts about elimination of Sanction Committee 1737 . As long as there is a sanction, deviation from them requires reaction and this reaction is often means putting the related person’s name in sanction list. However, this is an exclusive right of SC. Therefore, the resolution 2231(2015) has provided some provision according to which the SC alongside the joint commission would supervise on implementation of the commitment and take all necessary measures. This article will discuss about the process of eliminating of the sanction committee 1737 and granting some of its powers to the joint commission of JCPOA.
