Judgment

Judgment

The Emergence of the Rule of "the Injured Person's Fault to the Injury" in Article 110 of Convention on the Law of the Sea (1982)

Document Type : Scientific

Authors
Seyyed Ghasem Zamani 1
Vahid Bazzar 2
1 Associate Professor at Law and Political Science Faculty of Allameh Tabataba'i University
2 Ph.D Student of International Law at Allameh Tabataba'i University
Abstract
The rule of "the injured person's fault to the injury" which was accepted in public international law appears in article 110(3) of the Convention on the Law of the Sea (1982). The importance of accepting this article as a manifestation of the rule of "the injured person's fault to the injury" has the consequence that, in cases of ambiguity or doubt about the application of the principle in the law of the sea, lawyers can resort to the conditions of applying that in public international law. In accordance with this article, if a foreign ship which is inspected by the warship in high seas, has committed any act justifying suspicion of a warship, it shall not be compensated in case of injury. The article applies in cases of shared responsibility or cases where an entity other than the main injured is present at the claimant place or when "right to visit" is based on other international documents. The purpose of this research paper is to analyze the principle of "injured contribution to the injury" in the law of the sea and consider and explain its legal aspects in this area.
Keywords
fault
the law of the sea
right to visit
responsibility
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Judgment
Volume 18, Issue 93
Summer 2018
Pages 1-16

  • Receive Date 27 February 2018
  • Revise Date 18 April 2018
  • Accept Date 19 May 2018