Legal and International Dimensions of the Judicial Jurisdiction of the Courts of Coastal States Party to the 1982 Convention and Iran in Ship Arrest Claims
Keywords:
Jurisdiction, Coastal State, Arrest of Ships, Maritime Claims, 1982 ConventionAbstract
Given the importance of maritime transport and its significant role in global trade, the judicial jurisdiction of courts in ship arrest claims, particularly under the 1982 Convention on the Law of the Sea and the national laws of coastal States, is of special importance. This issue is particularly significant for countries such as Iran, which have extensive coastlines and active maritime trade. The purpose of this study is to comparatively examine the judicial jurisdiction of the courts of coastal States party to the 1982 Convention and Iran in ship arrest claims. This research analyzes the differences and similarities in the legal approaches of these States and their effects on the rights and obligations of the parties in maritime disputes. The study employs a descriptive-analytical method and examines legal instruments, international conventions, and judicial practices related to the jurisdiction of courts in ship arrest claims. Furthermore, a comparison is made between Iran’s domestic laws and the provisions of the 1982 Convention. The findings of the study indicate that, while the 1982 Convention on the Law of the Sea grants coastal States the right to exercise judicial jurisdiction in certain cases, Iranian law also possesses its own specific characteristics in this regard. Moreover, in some cases, the overlap between national and international laws may give rise to legal complexities. This study shows that, in order to improve the efficiency of the judicial system in ship arrest claims, it is necessary to harmonize Iran’s domestic laws with international principles and regulations. In addition, establishing effective mechanisms for the settlement of maritime disputes and enhancing international cooperation can help strengthen the credibility of the country’s legal system and lead to greater legal certainty in the field of maritime transport.
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Copyright (c) 2025 Maryam Ansari Rad (Author); Masoud Raei Dehghi; Alireza Ansari Mahyari (Author)
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