درخت حوزه‌های تخصصی

One of the pivotal concepts in Maritime Law is a ship’s seaworthiness. Not only its effect is not limited to one element of the shipping industry, but also affects Marine transport, Marine Insurance, Marine Pollution, Carriage of Goods by Sea, Liability, and all other respected bodies in shipping. The concept of seaworthiness has evolved over many years, but it is not clearly point to the exact coverage of seaworthiness in any particular stage of the ship voyage, especially while she is making her way through the fairways and channels to be finally alongside. The ship owner is obliged to provide a seaworthy ship which is the core in the carriage of goods by sea, included in charter parties, where the contract of carriage is between the ship owner and charterer. As seaworthiness is not usually defined in modern standard form charter parties, the meaning of the concept must be ascertained from cases being decided at common law. For this purpose, a large number of decisions of maritime courts were reviewed in order to know the main body of ideology of competent maritime courts to explain and interpret the concept of seaworthiness of a ship.As a result, it is important to analyze the position of the current law; the Common Law, the Hague/Hague-Visby Rules and Hamburg Rules, and the other related regulations, to assess the importance of this concept (As a duty), and how the courts dealt with it under the different types of carriage contracts. Furthermore, it would be important to assess whether the current law is sufficient to reflect the changes in the shipping industry in general, and especially after the introduction of the ISM and ISPS Codes which could considerably affect the carrier’s obligation; or if a desire for change in the law is needed to reflect the changes.

The environment of the seas is one of the global concerns, the effects and consequences of which cannot be hidden in the political, economic,and security fields of the coastal countries or all the governments of the world.This is because today most of the countries of the world benefit directly or indirectly from the benefits of the seas.Based on this, the concern of the present research is to be able to address the responsibility of the coastal states in protecting the environment of the seas by relying on the principle of participation.The question of the current research is,what are the solutions to make the coastal states responsible for the area of the marine environment?In line with this question,the findings of the present research have shown that making the coastal states responsible requires creating a balance between the economic interests of the states and environmental groups.Also,relying on scientific and research findings concerning the opinion of experts,the principles of international maritime law,and also modeling some regional treaties such as European maritime laws or restrictions imposed by the Australian government,is a suitable support for Identifying the rights and duties of coastal states. Also,the participation of the coastal states automatically and with their supervision is not a solution. This is because the coastal states have interests in marine resources, and in return, the role of non-governmental organizations, civil society, and free media should be taken into account to identify the environmental problems of the seas and also provide solutions from them citing cases of pollution, the contribution of each government and The amount of responsibility of that government is specific. In the current research, due to the critical nature of the topics, the theoretical framework of problem-solving, which originates from critical theory, was used. Also, the research method is descriptive and analytical using library tools.

The Turkish government has had the greatest impact on the flow of the Tigris and Euphrates rivers by implementing huge development projects through the construction of large-scale dams under the Southeast Anatolia Development Project (GAP) and this has affected the access and use of Tigris and Euphrates rivers in other countries. On the other hand, the division and distribution of the water of these two rivers have been regulated with few and basic treaty provisions. Turkey refuses to recognize the international nature of these rivers and considers these rivers as national rivers; however, Syria and Iraq consider these rivers as international rivers and this has led to conflicts between the countries on the banks of these rivers.This article focuses on the effects of the GAP project, especially the effect of the Atatürk Dam and Ilisu Dam on the Euphrates and Tigris rivers, and examines theircompliance with international law, including existing international treaty law and customary principles of international water law. The research utilizes library-documentary sources and employs a descriptive and analytical approach. It is concluded that the effects on the Tigris and Euphrates rivers are against the aforecited rules and laws. These effects lead to the violation of the principle of non-harmful utilization of territory, as well as the principle of equitable and reasonable utilization.