International Journal of Maritime Policy
Volume:3 Issue: 9, Winter 2023

In recent decades, indiscriminate whaling in the oceans as well as marine pollution have caused harmful damage to the sea environment and the marine ecosystem of the oceans. Therefore, creating an international legal system and imposing legal restrictions on whaling have become necessary. Moreover, the approval of the International Convention for the Regulation of Whaling (ICRW) and the formation of an international commission to monitor whaling in international law were considered essential. In this article, using the analytical descriptive method, The Judgment of the International Court of Justice on Whaling in the Antarctic (Australia v. Japan: New Zealand Intervening) has been studied.The findings of this researcher indicate that since Japan did not comply with the international regulations of whaling in the Antarctic, the government of Australia instituted a proceeding against the government of Japan in the International Court of Justice (ICJ) and New Zealand intervened. Considering the importance of the issue and the consequences of the ICJ's judgment on whaling and the legal implications and position of whaling in international environmental law. This article hypothesizes that the international whaling regulations and the environmental approach of states towards the concept of the common heritage of mankind and erga omnes resulting from it can become the basis for the development of international environmental rights and international judicial procedures. Moreover, this paper hypothesizes that these international rights and judicial procedures are influenced by the decisions issued by the ICJ.

Maritime terrorism is as old as its history. From ancient times to the first decade of the 21st century, perpetrators of all kinds of violence, including kidnapping, sabotage and direct attacks on targets, have inhabited the high seas as well as the wider marine environment. Terrorism at sea becomes important when a significant part of the world's trade is carried out by sea. One of the challenges of dealing with terrorism at sea and the inefficiency of the means to deal with it is found in the Convention on the Law of the Sea. Therefore, security in the seas is also considered a part of this convention; But in it, the issue of maritime terrorism is not addressed separately. Therefore, terrorist crimes in the seas and the fight against them are among the issues raised in international law, especially the international law of the seas, so that the first measures in this direction also go back to the era of the League of Nations. However, this article tries to use the descriptive and analytical research method while measuring the mechanisms of dealing with crimes in the sea territory, and examines the way of dealing with and suppressing terrorist crimes. Of course, according to the concern of coastal communities and international organizations caused by maritime terrorism, a suitable solution can be proposed, which is the participation of private companies to help fight terrorism in the sea, despite the disagreement about this approach and legal basis. It acted in international law.

carrier’s obligation of seaworthiness is among the controversial areas in legal systems around the world. Despite The interpretable concept of the commitment to seaworthiness, the damage caused by its violation is not limited to cargos or passengers. Carrier’s negligence of this legal requirement may also cause a ship to sink or sustain damage. Nevertheless, lack of clarity about the bilateral attention of commitment to the supply of seaworthiness to ships in addition to cargos or passengers can lead to the identification of this requirement based on legal regulations. The burden of proof in this case could be based on proved fault in contrast with the liability for cargos or passengers. Finally, it is necessary to highlight the importance of identification of such liability for the carrier in maritime law due to deterrent effect.In order to achieve the aim of this study, a descriptive method will be Conducted in This paper analyzing the carrier liability from a new angle by considering the ship damage resulting from the violation of commitment to the supply of seaworthiness.

The South China Sea has been the site of one of the most important maritime disputes in five decades. Tensions are so high that some predict World War III will break out in the region. The Philippines's referral for arbitration in respect of some of its disputes with China resulted in the issuing of a 2016 arbitration award. The legal and political significance of this Award has caused debates among scholars. The legality of the Award and the validity of the court's arguments in various positions are among the topics of these discussions. In this study, our main question is that how much this award has contributed to resolve and to clarify the legal aspects of the maritime disputes between the parties. Our secondary question is the impact of this Award on regional and international peace. The findings of this study indicate that the arbitral tribunal's approach has a significant impact on Understanding the concept of "historical rights" as well as the explanation and interpretation of marine environmental protection provisions in the 1982 Convention on the Law of the Sea. In the tribunal's view, by joining the Convention on the Law of the Sea, the rules concerning maritime zones, except in rare cases, override the historical rights of States. It also played an important role in defining and explaining various maritime features; including islands, rocks, and low-tide elevations. However, the effect of the award on reducing tensions in the South China Sea, Chinese government policies and Regional peace is in doubt.

This article discusses the favorable benefits of the Jask-Mashhad motorway on the regeneration of the country's eastern half while providing a new plan for its construction. This freeway, with an estimated length of 1200 kilometers, a budget of around $2 billion, and a construction time of 8 years, has the potential to significantly alter the livelihood, economics, and population of the country's eastern half. This freeway, which links the landlocked northern countries with the neighboring countries of Iran, the Indian subcontinent, and East Asia, can handle 15-20 million passengers and tourists per year, as well as 15–25 million vehicles (cars, trailers, tankers, and trucks). It is especially critical for Shanghai Cooperation members. Presently, around 2 million people reside along the course of this highway; if the freeway is completed, this number would increase to more than 4 million. Furthermore, in the 25-year view (until 1424), this freeway will play a significant role in the north-south corridor, regeneration of ports on the Oman Sea's border, and achievement of sea axis development and land development. Transportation infrastructure is a critical component of population concentration and land improvement. Freeways are one of the most significant transportation facilities, providing rapid, safe, and inexpensive road access to all sections of the country, particularly for goods transit and tourism growth. A glance at the country's freeway map reveals that there are no freeways in the eastern half of the country, and none are planned for the future by the Ministry of Roads. This issue has made land access to the eastern provinces and the beaches of the Oman Sea problematic, and as a result, significant sections of Iran are unoccupied and underused.

Regional and international environmental regimes are considered as one of the tools for protecting the environment. In classification of regimes based on the obligations of member states of a regime, they are usually divided into two groups of positive and negative. In positive regimes, governments are required to implement measures in the area of agreement and jurisdiction, while the government in the negative regimes is banned from implementing certain measures. The implementation of positive legal regimes is more difficult than achieving negative regimes. In a positive legal regime, participating governments will need financial, technical, administrative, and legal resources to implement these regimes. International agreements must be reflected in the internal legislation of the countries and the behavior of all of them must be changed. In that case, a regime can be effective. In this regard, the Caspian ecological convergence regime in the light of effective protection and conservation can provide a positive approach to the obligations of the five Caspian states.