زهرا سادات شارق

Seafaring is one of the risky jobs that needs more support and attention from governments and the international community. Human rights apply at sea as they do on land. Since the abuse of human rights at sea is not as tangible as it is on land, it has not received much attention from the international community. However, due to the importance of the role of shipping in international trade and, consequently, the role of seafarers in this industry, this group should be given more attention. Accordingly, international organizations and non-governmental organizations (NGOs) such as ILO (International Labor Organization) pave the way for protecting seafarers' rights by developing international documents.The most important international document by the ILO is the Maritime Labor Convention. The Maritime Labor Convention (2006) is often described as the "Seafarers' Labor Rights Charter". This convention places responsibility on the flag state and the port state as well as the labor supply state.The unfavorable working conditions of seafarers, due to the temporary nature of their work and the lack of effective implementation of domestic and international laws by the flag state, put seafarers in a bad situation. Seafarers' rights depend on where the ship is registered. Examining the policies of the governments that grant convenience flags and paying attention to the cases in which even the seafarers’ basic rights are ignored, it is evident that joining international documents on behalf of these governments is a tool for them to present a positive image in the international community.On one hand, lack of implementation of a monitoring mechanism on seafarers' rights and international agreements and documents leads to the violation of international obligations. On the other hand, the seizure of ships by the coastal states for various reasons and detention of the crews, in a country whose laws are not familiar, may further result in the violation of seafarers' rights. Whereas the expansion of the use of convenience flags places more prominence on the role of the coastal government to enforce the rights of seafarers.The coastal government plays an important role in observing the rights of seafarers based on the Convention on the Law of the Sea, the Maritime Labor Convention, and the Tokyo and Paris Memorandum. In addition, for the effective implementation of seafarers' rights, there are international organizations such as FAO, IMO, and ILO that aid in this path, in addition to better and more cooperation with non-governmental organizations such as the "Human Rights at Sea".Obviously, rights have a limited value if it is not implemented in practice. So how can seafarers guarantee the implementation of their rights? Or in case of violation, how is it possible to compensate? As said before, the rights of seafarers are described in international conventions and treaties, the ILO conventions allow seafarers to learn about their rights and encourage the government to implement laws and regulations to protect them, but the mentioned documents lack a guarantee to oblige governments to implement them and so, there is no monitoring and reporting mechanism for human rights violations at sea. The monitoring mechanism should be available for the crew to sue the violation of their human rights.It seems that the establishment of competent maritime courts and the possibility of access to these courts can guarantee the observance of seafarers' rights. Although the establishment of competent courts is an important step in promoting respect for human rights, the establishment of competent courts will not be effective without experts who are familiar with the rules of international law and the law of the seas. There is hope that the establishment of the Maritime Court along with the approval of the "Commercial Shipping Law" will improve the respect and enforcement of seafarers' rights in Iran. It is better for the judges and experts of this specialized court to be familiar with the principles and rules of international law of the seas and other branches related to international law, including human rights. In other words, the establishment of courts with exclusive jurisdiction and the presence of judges and legal experts with sufficient knowledge in the field of international law of the seas and familiarity with the principles and rules of international law can have a significant impact on protecting the rights of seafarers. In this paper, we use the descriptive-analytical method and library resources as well as electronic resources such as books, articles, theses, and official conferences related to the subject (regional and international) in Persian and English languages.

After World War II , the concept of sustainable development was introduced in order to balance the protection of the environment with the enjoyment of fundamental human rights, including the right to development; So that the exercise of human rights is not an excuse to destroy the environment. In fact, human beings realized that any damage to the environment ultimately endangers human beings and their dignity, and therefore, along with economic and social elements, environmental sustainability was identified as one elements of sustainable development. The present study seeks to examine how some governments, by identifying legal personality for the elements of nature, have taken steps towards environmental sustainability and ultimately the realization of sustainable development. It is a type of basic research that is descriptive-analytical and using library resources as well as using electronic resources including books, articles, dissertations, official conferences related to the subject (regional and international)in Persian and English languages and after raising the issue and clarifying the hypotheses, the data in accordance with the research questions in national and international judicial documents and procedures(both Persian and Latin)have been searched, collected, summarized and analyzed. One of the measures taken in recent years to environmental sustainability, has been recognized legal personality to the elements of nature. The practice of some countries, especially since 2008,shows that in order to achieve environmental sustainability, at the level of legislation or the procedure of the courts, the elements of nature have been recognized as rightful and representatives have been appointed to pursue their rights. Overall, developments in environmental law show that the identification of legal personality for the elements of nature has created a new development in the field of environmental law and sustainable development that is rapidly expanding in the international community. So that many governments can use this experience to take this step to provide the necessary grounds for greater environmental protection around the world.

Since non-compliance with human rights at sea is not tangible to what is happening on land, it doesnot receive much attention from the international community. While human rights must be taken into account at sea as much as they are on land. Given the fragmentation in international law, the relationship of human rights and law of the sea has provided the necessary grounds for the humanization of the law of the sea. One of the reasons for the fragmentation in international law is the creation of self-contained regimes. Undoubtedly, among these systems are human rights and law of sea, each of which has its own resources and mechanisms, and the collision of these systems with each other in the international system is inevitable. The interaction of the law of the sea with human rights can be seen as an opportunity to develop international law in order to further develop the rule of law. The purpose of the law of the sea is to regulate the relations of states at sea, but our intention is to go in the opposite direction and write about the relation between individual and state in this arena and the interaction between human rights and the law of the sea.

The abuse of human rights at sea is a critical problem that has often been ignored. Since violation of human rights at sea is not as tangible as it is on land, it has not received enough  attention from the international community. Governments are certainly committed to respecting human rights within their territories including their territorial waters, but there are no clear rules about protecting human rights in other marine areas especialy the high seas.On the other hand,  due to the expansion of marine activities, there might emerge a conflict between the law of the sea and other fields of international law especially human rights law. The contrast between human rights and the law of the sea can be seen as an opportunity for developing international law in order to stregthen the rule of law. Human rights and the law of the sea are connected in many cases. The Hirsi Jamaa case is a notable example. The Law of the Sea aims to govern uses of the sea, but the purpose of this research is to examine the relationship between the individual and the state in the maritime space, and thus the humanization of the law of the sea.

According to the Aarhus Convention, the realization of environmental democracy is based on the three elements of access to information, participation in making decisions and access to court in environmental matters. Given that environmental damage also leads to human harm, some states, in order to achieve environmental democracy, have established environmental judicial and quasi-judicial authorities in their domestic system to provide the right of access to the courts in environmental issues. Due to the high but fragile biodiversity and environmental threats in Iran such as the existence of endangered plant and animal species, environmental pollution, dust, desertification, etc., the lack of such an institution is felt in the country's legal system. The present article descriptively-analytically examines the documents, international jurisprudence and authorities in the domestic law of some states and then assesses the status of the Iranian legal system And in response to the question of which model of environmental courts is more appropriate for Iran, it is concluded that according to the history of specialized courts in the Iranian legal system, the establishment of a special environmental court In the Iranian legal system can provide the grounds for the realization of environmental democracy and consequently sustainable development.

This study attempts to answer the question of what constitutes the right to health as a human right and how it can practically help to normalize this right.

In this analytical study, firstly, the definition and position of human dignity as the basis of human rights are explained. Subsequently, the normative impact of human dignity on the right to health will be addressed and analyzed in the light of international documents and judicial procedure.

The link between human dignity and human rights can be explored in different ways. Historical origin, theoretical derivation, interpretive approach, and source of legitimacy are the components that explain the relationship between human dignity and human rights. Undoubtedly, every legal system needs a theoretical basis; international documents and judicial procedure show that human dignity, by affecting the right to health as a human right, not only is the source of its legitimacy and specifies its theoretical framework but, it is capable of standardizing and expanding it through extensive interpretation. Today, the right to health encompasses a wide range of human rights, including the right to safe drinking water and food, healthy environmental and occupational conditions, access to health information and education as well as health care.

The findings show that the basis for the right to health is not merely human survival but inherent dignity of man. This foundation of the right to health enables judicial bodies to use this tool to support more conditions under the right to health and health care

One of the conflicting areas of law arising from custom and treaty is manifested in sea. This happens when a state tries to prove its sovereignty on body of waters that is under sovereignty of another state or part of high seas. Conflict of interest in peripheral states of South China Sea was aggravated by claiming historical sovereignty and rights of China based on Nine-Dash Line in the seabed. Philippines referred to the Permanent Court of Arbitration on the Law of the Sea Convention and brought the dispute to the international arena and once again raised the issue of historic waters. Although China didn’t appear before the PCA but the Court by referring to obligation of parties according to the Law of the Sea Convention concluded that the claim of China is on the contrary of its obligation under United Nations Convention on the Law of the Sea, hence refused to accept it.

Conservation of environment as common heritage for the current and the next generation is the responsibility of States. Sovereignty of states on natural resource would be confined by another states’ interest. On the one hand, the existence of common border resource between Iran and other countries and on the other hand, shortage of water resources has led to conflicts. The life of common resource like Hoor-al-Azim/ Hoor-al-Howzeh depends on Karkheh and Tigris River. Building dams on rivers resulted in damages to ecosystem and wetland, which in turn means the responsibility of the Riparian States. Riparian States according to international environmental law are responsible to conserve the ecosystem and prevent Trans-boundary damage and cooperation in this area. In other words, common resource need cooperation between states.

The conclusion of Joint Comprehensive Plan of Action (JCPOA) has made significant changes in the process of discussions about Iran’s nuclear program in Security Council. One of these important changes was alternation of SC’s approach about Sanction Committee 1737. The content of resolution 2231(2015) indicated the end of the task of the Sanction Committee would be coincided with the revocation of sanctions. Yet, some of the sanctions will be continued until the termination of resolution 2231, and having supervision on them would be necessary. Prospect of establishment of a Joint Commission in JCPOA, with same tasks as the Sanction Committee 1737, has created doubts about elimination of Sanction Committee 1737 . As long as there is a sanction, deviation from them requires reaction and this reaction is often means putting the related person’s name in sanction list. However, this is an exclusive right of SC. Therefore, the resolution 2231(2015) has provided some provision according to which the SC alongside the joint commission would supervise on implementation of the commitment and take all necessary measures. This article will discuss about the process of eliminating of the sanction committee 1737 and granting some of its powers to the joint commission of JCPOA.

The initiation of U.S led coalition air strikes against Daesh positions in Iraq and Syria, has invoked the question of its legitimacy under the International In an attempt to justify its military operations, the aforementioned coalition resorts to principles such as the principle of self-defense and the unwilling or unable doctrine under International Law. However, it was the Security Council's Resolution 2249 (2015) that shed light on the matter in the end. Emphasizing on sovereignty, territorial integrity and independence of the States of Iraq and Syria, The said Resolution determines IS as "A global and unprecedented threat to international peace and security". The said instrument calls upon all states to take all necessary measures against IS, and even though it does not explicitly authorize or provide any legal basis for use of force either in Syria or Iraq, the wording of the mentioned resolution indicates support from The Council. Based on the principle of self-defense and the resolutions adopted by UN's Security Council, this paper will discuss the key arguments regarding the use of force against The Islamic State by The Coalition.