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Issue Info: 
  • Year: 

    2016
  • Volume: 

    14
  • Issue: 

    2
  • Pages: 

    139-153
Measures: 
  • Citations: 

    0
  • Views: 

    735
  • Downloads: 

    0
Abstract: 

War is a phenomenon in which the damage is inevitable and one of the significant losses during armed conflict is the environment. In this respect, humanitarian law protects and takes account of the environment in a few of its regulations. However, these regulations have not given sufficient support to the environment and the question arises whether any prohibitions available in international environmental law are applicable to environmental protection in this case, or should we only use the provisions contained in humanitarian international law for this. In this paper we consider these regulations and the possibility of applying of them to protecting the environment in the event of armed conflict. Damage to the environment during armed conflict may occur intentionally or unintentionally. Intentional damage to the environment occurs when the environment is used as a weapon or damage to the environment is deliberate, but the environment is not used as a weapon. Regulations that have been enacted to protect against these damages contain certain conditions and the fulfilment of these conditions is necessary for incurring damage. Regarding unintentional damage to the environment, the main victim is not the environment, however, and the precautionary principle should be applied. In this regard, it is necessary to consider types of losses, existing prohibitions and possibility of minimizing environmental losses.

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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2009
  • Volume: 

    38
  • Issue: 

    4
  • Pages: 

    321-340
Measures: 
  • Citations: 

    0
  • Views: 

    2283
  • Downloads: 

    0
Abstract: 

The Geneva Convention was first formulated in 1952 and amended in 1971. This convention was initiated by UNESCO and a number of countries including the USA and the former Soviet Union which were seluctant to join the Berne Convention overlooking apparent differences, the basic structure of the two conventions is similar. One difference though is the lower level of protection for the author’s rights in the Geneva Convention in comparison to the Berne Convention. Another difference is that unlike the Berne convention, The principle of the Authors rights in the Geneva convention is conditional to the acceptance of certain ceremonies. This convention is renowned as the universal convention because it was expected to be joined by all countries. In this convention rconventional rights, the principle of equality of foreign and domestic authors, and ceremonies and policies are all in favor of developing countries, though nothing has been mentioned about the moral rights of the author. In sum, the Geneva Gonvention has not proved to be as successful as it was initialy expected to be.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    11
Measures: 
  • Views: 

    170
  • Downloads: 

    91
Abstract: 

INTRODUCTIONIN THE YEAR 2014, THE INTERNATIONAL MARITIME ORGANIZATION (IMO) HAS CHOSEN "IMO CONVENTIONS: EFFECTIVE IMPLEMENTATION" AS THE WORLD MARITIME DAY THEME IN ORDER TO DEAL WITH OBSTACLES AND PROBLEMS RELATED TO EFFECTIVE AND APPROPRIATE IMPLEMENTATION AND ENFORCEMENT OF THE CONVENTIONS AND REGULATIONS APPROVED AND ENTERED INTO FORCE SO FAR. THE INTERNATIONAL CONVENTION FOR THE CONTROL AND MANAGEMENT OF SHIPS' BALLAST WATER AND SEDIMENTS IS A CONVENTION APPROVED IN 2004, AS A RESULT OF A SUITABLE PERFORMANCE AND A STRONG BACKGROUND WITH…

Yearly Impact:   مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

SAFAEI ABDOL HOSSEIN | NEZARAT MOGHADDAM MOHAMMAD KAZEM

Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2015
  • Volume: 

    4
  • Issue: 

    12
  • Pages: 

    37-59
Measures: 
  • Citations: 

    0
  • Views: 

    1060
  • Downloads: 

    0
Abstract: 

Rescue and salvage operations take place in many sea voyages. Numerous technical and legal problems may arise in these operations. The vessel which proceeds to do this operation normally performs another job. By this operation, the vessel breaches her job contract. The rescue ships usually incur a lot of costs and damages in order to perform rescue operation. There are always many challenges regarding costs and damages of rescuer in addition to the damages which the vessel may cause to the rescued ship. The rescue operation is a legal duty of ship masters; however, there should be a logic and legal method for compensating the damages. This job is carried out either for the purpose of an economic interest or it is done morally on the basis of beneficence. This article, first, deals with legal aspects of the rescue and salvage operations on basis of international conventions, common law, civil law and Iranian law. It then examines different methods for compensation.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    4
  • Issue: 

    2
  • Pages: 

    123-136
Measures: 
  • Citations: 

    0
  • Views: 

    1484
  • Downloads: 

    0
Abstract: 

The CMR Convention governs the international transport of goods by road. One of the important and common issues in transport is the consignment note whose study of provisions and related issues is appropriate. This paper seeks to examine the legal nature, features, terms and legal effects of consignment note. According to the results of this research, consignment note is a commercial document with no title, no capability of transfer and mortgage and also no role in the conclusion of the contract of carriage. Obviously, on one hand a consignment note can be considered as a presumption and on the other hand in some cases it is effective on the right to take the possession of goods and their transmission to the consignee. Also it should be noted that set-out of consignment note has both mandatory and optional conditions that have special sanctions depending on the cases.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    1974
  • Volume: 

    68
  • Issue: 

    1
  • Pages: 

    69-90
Measures: 
  • Citations: 

    1
  • Views: 

    128
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

MORADKHANI FARDIN

Issue Info: 
  • Year: 

    2019
  • Volume: 

    10
  • Issue: 

    4 (30)
  • Pages: 

    99-127
Measures: 
  • Citations: 

    0
  • Views: 

    1290
  • Downloads: 

    0
Abstract: 

The constitution, as one of the key concepts of public law, is a multifaceted concept. The Constitution, apart from the written text, has other layers that they call the unwritten principles of the constitution. These principles cover a wide range of areas, one of the most fundamental of which is constitutional conventions. They are both in the States of the written constitution and States of unwritten constitution. Understanding the constitution without knowing these key concepts is incomplete. This article attempts to clarify the various aspects of this fundamental concept by descriptive and analytical methods and As the complexity of the concept shows Review the theoretical foundations, their functions, and its relation to equivalence concepts.

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Author(s): 

POURIANEZHAD FARHAD

Journal: 

TARIKH

Issue Info: 
  • Year: 

    2009
  • Volume: 

    4
  • Issue: 

    12
  • Pages: 

    25-44
Measures: 
  • Citations: 

    0
  • Views: 

    1869
  • Downloads: 

    0
Abstract: 

The 1907 Convention was an outcome of overt and covert competition between England and Russia in the arena of International relations at the turn of the twentieth century. The kernel of this convention that is Iran was divided into three separate parts: The north, region of Russia, the central zone, neutral and the south influence zone of England. The internal reaction to the convention was dreadful for these expansionist countries especially England. But ignored point was diplomatic-military changes in the arena of international relations at that time which led to the passing of this convention. Iran had contradictory conditions at the twilight of the twentieth century: on the one hand the great powers considered in Iran as peripheral and backward country and on the other hand where international interest were concerned, the regarded the country as a weak but important.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

ENERGY LAW STUDIES

Issue Info: 
  • Year: 

    2020
  • Volume: 

    5
  • Issue: 

    2
  • Pages: 

    275-294
Measures: 
  • Citations: 

    0
  • Views: 

    1008
  • Downloads: 

    0
Abstract: 

In the near future, unconventional oil and gas production will continue to grow, possibly further lowering prices. The production of unconventional resources has certain and specific characteristics associated with negative environmental impacts which clearly are different from conventional resources. As a result, in some regions, the production of unconventional oil and gas is restricted or highly regulated. This paper specifically examined the Law of the Sea Convention 1982 and the Kuwait Regional Convention for the Protection of the Marine Environment to find out whether these instruments are adequately equipped to address the production of unconventional oil and gas in the region. As a result, it is revealed that the Law of the Sea Convention 1982 and the Kuwait Regional Convention and its Protocols, in particular the Protocol on the Explosion and Disposal of Offshore Pollutants from the Continent did not explicitly addressed such activities. It can be concluded that their provisions are in general applicable to the production of unconventional oil and gas resources with respect to the ownership permitting and licensing. Nevertheless, environmental negative impacts of such activities are left untouched.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    39
  • Issue: 

    67
  • Pages: 

    171-200
Measures: 
  • Citations: 

    0
  • Views: 

    223
  • Downloads: 

    4
Abstract: 

Today, terrorism has taken various forms, and one of its types that endangers peace and security in the seas is “Maritime Terrorism”. Although the adoption of the 1982 UN Convention on the Law of the Sea has strengthened the maintenance of international peace and security in the seas, this Convention includes no particular rules on prevention and suppression of Maritime Terrorism. The occurrence of the Achille Lauro incident in 1985 showed the existing legal loopholes in confronting security threats caused by terrorist activities in the seas. To address these gaps, the International Maritime Organization (IMO) adopted the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and its 2005 protocol. In this context, and with descriptive – analytical method, the purpose of this paper is to review and analyze the content of these documents and their capabilities in the framework of effective combat against Maritime Terrorism. This paper concludes that for an effective combat against Maritime Terrorism, these conventions must be reviewed and strengthened through adopting preventive measures, effective prosecuting and punishing the perpetrators, and resolving possible conflicts with the rules of the International Law of the Sea.

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