نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار، گروه حقوق، دانشکده حقوق، واحد مشهد، دانشگاه آزاد اسلامی، مشهد، ایران. (نویسنده مسئول)
2 دانشجوی کارشناسی ارشد، گروه حقوق خصوصی، دانشکده حقوق، واحد دامغان، دانشگاه آزاد اسلامی، دامغان، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The expansion of the range of benefits of self-propelled marine vessels simultaneously with the development of technology and related knowledge has increased the need of governments and actors active in the maritime field to develop and formulate rules and regulations about this maritime tool. On the other hand, the unknown area of responsibility of self-driving vessels for violating international rules has increased the necessity of identifying the legal regime of this instrument in the realm of international law of the seas. Therefore, in this research, which was carried out in a descriptive-analytical method along with a field study, in addition to the legal definition of marine self-propelled vessels, the basic question has been raised that the basis of assigning responsibility to self-propelled marine vessels is based on what element? In this context, it was found that the legal regime of self-propelled marine vessels is different depending on the purpose and operations defined for this tool on the one hand and whether the self-propelled vessels are "under the surface" or "on the surface" on the other hand, and in line with the explanation of this legal structure The role of the International Maritime Safety Organization is very key. It was also found that the international responsibility for compensating the possible damages resulting from the activity of this category of vessels is of the type of "responsibility for internationally prohibited actions" and is based on the level of control and autonomy of this tool from the ability to be extended to the operator, owner or controller of this tool. It looks distinct.
کلیدواژهها [English]