قانون البحار و القواعد المنطبقة على السفن في المياه الإقليمية.

Abstract

Our main objective to this modest research aimed to investigate the effectiveness of the legal rules, which came in the convention of the Law of the Sea and some international law rules relating to the subject and what the extent of its applicability and suitability for conditions of ships and their activities and kept up with the evolution of the incident and navigation things in the territorial sea, with the knowledge of jurisprudential views that interested on finding solutions to the problems and disputes of the maritime border control and ships movement at the level of the regional scale in the light of current development. This topic has not received wide attention by researchers despite its big importance that falls within the study of the rules of the largest international agreement which is the Convention of the Law of the Sea. Even if some clear legal materials came, however, it poses a problem lies in its applied study and it proved that it is suffering from several problems, whether linguistic or objectivity. This often creates confusion in understanding its genuine content by countries, also some problems occurred in translating texts from the native language into other languages. Furthermore, we have noticed that the practical application of the rules of the Law of the Sea pointed to their inability to keep up with the developments happening in international community, for instance, in maritime delimitation issues and change the structure of the terrain to landmarks limits of the territorial sea, chiefly Costal Arab States still have many problems in this area. As some legal rules, particularly, that are relating to operation of innocent passage for ships-like, Foreign Warships, and allowing them to pass in case of their safety or following up, chasing and attacking if necessary- came entirely mysterious, complex, disputable and controversial continuously, as we have observed between scholars of international law or between countries themselves. Due to the lack of identification these rules and regulations properly, the international disputes remain, as well a tension in friendly relations between countries. Also, the peace and the security expose to risk. In this study, we have seen it is better reformulating the legal rules of the 1982convention for the Law of the Sea concering the passage of ships and maritime borders in the scope of the territorial sea. Moreover, it is better holding an international conference in the framework of the United States, to be the fourth for the Law of Sea, in order to put a clear and understandable legal system The time between the creation of the agreement in 1982 and its application in 1994 have witnessed many alterations in international data. Furthermore, we do not know what the matter is concerning the application of the rules of the Law of Sea in other maritime domains, like, Adjoining Zone and exclusive Economic Zone. We expect researchers and students will care and study it in the future to get the possible solutions to reduce the various maritime disputes. Besides, it is advisable to look for an efficient judicial mechanism specialized with the settlement of the different international conflict and mainly the Arab, also, expanding the international courts in the same as international court for Law of the Sea In addition, we should use the advanced technology similar to satellites, digital radars, modern ships and international project for monitoring movements of these ships and controlling maritime borders and drawing their accurate landmarks. All this ought to be applied on the regional seas that under control the coastal countries and generalize those mechanisms for all the countries. Also, we have to motivate the judicial settlement in solving maritime conflicts, for the reason to bring the security and stability in international relations.