نویسنده
نویسنده مسئول، دکتری حقوق خصوصی، گروه حقوق، واحد کرمانشاه، دانشگاه آزاد اسلامی، کرمانشاه، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
As one of the world's most vital maritime passages, the Strait of Hormuz plays a fundamental role in connecting the Persian Gulf to the Sea of Oman and ensuring the continuity of international shipping. Political, security, or military crises in this region can lead to situations such as vessel damage, threats to cargo, vessel abandonment or grounding, marine pollution, and the necessity for salvage operations. The central issue addressed in this research is determining the applicable law for maritime cargo salvage operations during crises in the Strait of Hormuz, and elucidating the relationships between the salvage contract, the law of the coastal state, the law of the flag state, the 1989 International Convention on Salvage, and relevant rules of international law. This study employs a descriptive-analytical method, drawing upon library resources, international instruments, domestic regulations, and foreign legal sources. The findings indicate that a distinction must first be made between contractual and non-contractual salvage operations. In contractual salvage, the governing law is primarily determined by the will of the parties and the terms of the salvage contract; however, this principle is constrained by mandatory rules and the provisions of the 1989 Convention. In the absence of a choice of law, objective factors—such as the location of the operation, the law of the forum (*lex fori*), the vessel's nationality and flag, and the connection to the coastal state—become significant in determining the applicable law. Furthermore, Iran's accession to the 1989 Convention has established the Convention as a central element in judicial or arbitral proceedings concerning this matter within Iran. Consequently, the crisis in the Strait of Hormuz does not lead to the abrogation of the standard rules of the law of salvage; rather, it heightens the need to harmonize them with the requirements of maritime safety, environmental protection, and coastal state sovereignty considerations.
کلیدواژهها [English]
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