نوع مقاله : مقاله پژوهشی
کارشناسی ارشد حقوق تجارت بین الملل
عنوان مقاله [English]
Freedom of navigation is one of the oldest and best-known principles of the legal regime governing maritime environments. This principle constitutes one of the pillars of the law of the sea and is at the origin of modern international law. The sea is the main channel of communication and cooperation between states and therefore it must be free and not monopolized by a state and controlled by a state. A state can only claim control of an area that is effectively under its authority and sovereignty. The United Nations Convention on the Law of the Sea makes extensive reference to various aspects of the freedom of navigation in Articles 17 to 26, 36, 38, 52, 58, 78 and 87. The various expressed forms of this freedom all mean the same thing, and that is the freedom of movement of ships. It is impossible to list all the challenges facing the free movement of ships or all the restrictions imposed on this freedom. In this study, we limit ourselves to examining one of these restrictions, namely the illegal seizure of commercial vessels, and on the other hand, the right of countries to apply countermeasures in the seizure of commercial vessels of countries. offenders.