Leasing of Territorial Seas and Public Property Right Over it

The law of the seas is of vital importance mainly due to the special privileges of the seas. Seas have been accorded great importance as routes of maritime transportation in all eras. Thanks to increasing technological advances and huge maritime natural resources, today marine resources have received more attention than ever before, and the need to exploit maritime benefits accounts for the present study. The natural resources of the North Sea of Iran (Caspian) that are shared with regional neighbors and the trawl fishery license granted to china in the southern waters of the country serve as the premises of the present study. Taking into account the official announcement made by authorities regarding their decision to transfer a maritime prowling license (or rent national maritime zones) to china which, according to the reports on the technologies which are to be used for this purpose, could lead to degradation and extinction of living resources, the present study seeks to find out whether the sea prowling licenses are transferable to a third party and whether or not the sovereignty actions within the framework of maritime laws and the act of transferring maritime prowling licenses (with consideration of the need to maintain territorial integrity) to foreigners is legally and jurisprudentially valid.