فهرست مطالب ابوطالب امیرشعبانی

Given specific legal regime of the Exclusive Economic zone which is prone to disputes in itself, some mechanisms have been devised for settlement of these disputes in the 1982 law of the sea convention. However, in the years after adoption of the convention, because of being imprecise and ambiguous, these mechanisms have been proved inefficient, in a way that if concepts mentioned in them remain undefined, it can be said that there is no difference in their existence. Maybe it is the reason for judicial bodies including the ITLOS tribunal, not being interested in these mechanisms at all. In this article, after examining the setbacks and flaws of the mechanisms in general, we head toward analyzing specifically two common and different in nature disputes, arising in the exclusive economic zone, namely, military activities and offshore bunkering. In view of these two, we are going to give some suggestions about solving all disputes which arise out of this zone

The exclusive economic zone for the first time was enshrined in the 1982 law of the sea Convention . By giving this zone to coastal states and allocating significant rights and jurisdictions to them, the convention met their needs to a great extent. However, since it covers large parts of the oceans (almost one-third), the great maritime powers didn’t consent to grant all the rights and jurisdictions to the coastal states. This disagreement resulted in devising sovereign rights regime instead of sovereignty for the Exclusive Economic zone. The former , unlike the latter , is not decisive in resolving disputes, that’s why since adoption of the convention, the exclusive economic zone has been one of the most challenging zone in terms of jurisdiction. One of the jurisdictional disputes has been about offshore bunkering of foreign fishing vessels. but eventually, the international tribunal for the law of the sea decided to shed light on this important matter in M/V virginia G case. In this article, we shall examine M/V Virginia and other related judgments. having this and other judgments in mind, we also want to deal with bunkering of other types of vessels and on other maritime zones