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Study of the duties of good command in protecting the right to life of individuals based on treaties and customary law in Iranian naval vessels
Dr.Ali Abdullah Habib Noori , Amir Nezam Barati
Assistant Professor of Law, Department of Law, Imam Khomeini Maritime Science University, Mazandaran, Iran , nezambarati@gmai.com
Abstract:   (45 Views)
Background and Theoretical Foundations: The right to life is a fundamental and fundamental human right. Despite the idea that all human lives are equal under the law, the specific characteristics of the seafarers' profession indicate that they should be given more attention and protection. In recent years, issues related to seafarers' welfare have been addressed in the Maritime Labour Convention, which came into force in 2013. However, the right to life of seafarers from a behavioral perspective must be also given fundamental attention. The International Convention for the Safety of Life at Sea or SOLAS is an international treaty that aims to determine minimum standards for the construction, equipment, and operation of ships regarding their safety to ensure the safety of life at sea. This convention has been supplemented over time-based on human necessity and need, and several versions have been developed and adopted. The current version of the SOLAS Convention was adopted in 1974 and entered into force on May 25, 1980.
Methodology: In this study, using a descriptive-analytical method, the study of the desirable governance of Iranian naval vessels in protecting the right to life of individuals was examined based on treaties and customary laws governing the protection of human life at sea. We assume that Iranian military vessels are obliged to protect human life at sea and provide assistance and rescue based on the laws of the Iranian Civil Code. In addition to Iranian laws, the right to life is one of the rights protected in human rights and customary international law and relevant conventions in protecting human life and ensuring that governments accept responsibility in this regard.
Findings: The law of the sea and maritime conventions impose a long-standing duty on States Parties to rescue persons in distress, which is one of the most important instruments in maintaining the safety of life at sea, and States are the guarantors of these norms. The public order of the oceans, including the protection of human rights for all people, is the collective responsibility of the international community, especially States Parties. It is primarily States that are responsible for the implementation of human rights, including the right to life of persons at sea, and secondly, flag States, coastal States, and port States all have a legal and moral responsibility for the right to life of persons at sea under the International Convention for the Safety of Life at Sea, based on humanitarian principles.
Conclusion: The right to life is considered a fundamental right of every human being, which has been repeatedly emphasized in human rights declarations and conventions. It is essential that military and commercial seafarers, as part of human society, be protected from the dangerous factors that threaten this right, both at sea and in ports, from a normative, structural, and behavioral perspective. The duty to protect human life is included in international customs and treaties as one of the most fundamental legal principles at the national and international levels, and governments are obliged to carry out search and rescue operations in order to save the lives of seafarers at sea based on these regulations. The SOLAS Convention is the most important international maritime treaty on increasing the safety of life in shipping, the initial version of which was drafted in 1914 after the Titanic incident and the final version in 1374. This treaty has been supplemented over time and several versions of it have been drafted and ratified. This convention contains legal principles governing ship construction - sub-assemblies and balance, machinery, and installations, protection, fire detection and suppression, life-saving appliances and equipment, radio communications, safety of navigation, carriage of dangerous goods, status of nuclear ships, management of safe operation of ships, safety measures for high-speed craft, special measures to enhance maritime safety, additional measures for bulk carriers, certification of competency, safety measures for operation of ships in polar waters. Therefore, ships must carry appropriate life-saving appliances including lifeboats, life rafts, life jackets, life rafts, and many others to be used by passengers and crew in emergencies to protect their lives at sea. Carrying life-saving appliances is mandatory under the SOLAS Convention.
 
Keywords: duties of good command, protecting the right to life of individuals, treaties and customary law
     
Type of Study: Research/ Original/ Regular Article | Subject: Law of the Sea
Received: 2025/02/13 | Revised: 2025/03/11 | Accepted: 2025/03/5



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نشریه علمی پژوهشی اقیانوس شناسی Journal of Oceanography
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