Basra studies journal

Considering the privacy in which work at sea is distinguished from other work on land, because it requires that the worker be present on the ship throughout the duration of the sea voyage, which may take months, so it is necessary to regulate the wages that the worker deserves, how to calculate them, and his right to treatment if exposed For a health emergency during the voyage, as well as his right to food and food, and his right to return him to his homeland, especially since Iraq lacks legislation regulating these rights due to the absence of a maritime law regulating maritime work. Even the Ottoman Maritime Trade Law, which is an old law, the articles that regulate the work of maritime workers have been canceled according to Trade Act of 1943.
Keywords: Employee, marine, rights, ships, workers.

The seaports in any country are the link that enables it to communicate with others to be its global commercial tool, whether in the matter of import or export, so the country enjoys a lot of luxury in the state of peace, and the prosperity of its commercial movement through those ports is evidence of the health of its economy and a guarantee for the life of the economy in others. In the case of armed conflict, whatever its description as an international or non-international armed conflict, securing the movement of trade in it, rather securing its safety is one of the most important and dangerous issues, especially if those ports are the backbone of life, not for the port state itself, but for other countries that depend on the continuation of the activity of those ports. To secure its needs at all levels.
Hence the important role of international law in securing the safety of seaports and commercial traffic in them, which has been referred to in a number of international agreements guaranteeing the achievement of these goals.
But what if the port state is the country that more than two-thirds of the world's countries live on from its agricultural yield, especially if that country is in a state of armed conflict with another, which results in a lack of its efforts to continue to support the cultivation of crops required to ensure food security for the world's population or loss Agricultural areas due to military attacks or fires, or to have been controlled by the enemy, or to impose a blockade on its seaports with the aim of preventing it from obtaining through those ports any military aid from other countries at a time when those ports are considered the very large storehouse and warehouse For the crops that are to be exported. It may be very difficult to convince the adversary country not to militarize those ports by the yielding country, so that this would ensure that they are not targeted militarily under any pretext.
Keywords: Seaports, United Nations, Neutralization, initiative, Yield, Armed Conflict.

The international commercial arbitration system has become one of the most important systems in resolving disputes in various fields, including the maritime field. However, the multiplicity of parties to the maritime relationship and then the multiplicity of issued documents may raise some problems for us, including those related to identifying the parties to one document and then protesting against this document. Which may include the arbitration clause, in addition to that, the arbitration clause may not be included directly in a specific document, but may be referred to by virtue of a clause included in one of the documents, and this method also raises a problem for us about the validity of this referral and what are its conditions and requirements, this is despite the multiplicity of documents It may lead to a conflict of provisions and procedures included in each of them; Accordingly, and in the light of these dilemmas, we divided the subject of this research into two sections, one to discuss the definition of the marine bill of lading and determine its relationship to the charter party of the ship, and the other to discuss the controls of the arbitration clause in the marine bill of lading, which includes images of the arbitration clause and its effects in the marine bill of lading. To a set of results, the most important of which are: The marine bill of lading is an independent document from the ship charter party. However, this independence does not mean a complete severance of the relationship between them as long as the two documents have one goal, which is to facilitate the maritime operation. This is what justifies the transfer of the arbitration clause to a non-contractual one through merger or assignment, and also it became clear to us that it requires the acceptance of the marine bill of lading holder for the validity of the arbitration clause (listed or merged) in his confrontation, and this acceptance is required in order for it to be valid to be an acceptance independent of the acceptance The maritime bill of lading based on the principle of the independence of the arbitration agreement from the original contract, and it also became clear to us that it is required for the validity of the merger or assignment as well as the acceptance condition that the assignment be written and specified on the condition of arbitration and not a general assignment. An Iraqi who is in agreement with modern maritime legislation and international maritime agreements, and the need for this law to include a legal article specific to the merged arbitration clause, such as the following: - (If one of the maritime documents included a provision for referring the dispute to arbitration and the bill of lading was issued without including a clear and special reference to this text and did not The knowledge and acceptance of the bearer of the bill of lading is achieved for this provision, so it is not permissible at that time to invoke it against the bearer of the bill of good faith).
Keywords : sea waybill, merged arbitration clause, sea waybill holder.

Many disputes arise during the conduct of the maritime transport process between the parties to this process, and these disputes are resolved either by resorting to the judiciary or by resorting to alternative methods of dispute resolution. The way of agreement between the parties to refer the disputes that arise between them, whether current or future, to an arbitrator or an arbitral tribunal. Maritime arbitration is one of the oldest alternative means for resolving maritime disputes. The arbitration agreement derives its strength from the will of the contracting parties. To clarify the importance of arbitration in the scope of maritime transport, we will discuss the nature of maritime arbitration, in addition to the procedures and effects of resorting to arbitration in the scope of maritime transport.

Developments in the field of extracting oil resources, as an important resource of different peoples, the most sustainable and the least expensive compared to other productive resources, resulted in the emergence of new technologies to help in this field.
And the most important technologies that have been known recently for their great effectiveness in obtaining these wealth is the establishment of floating oil platforms that facilitate the process of oil production and processing for tankers through various applications, one of which is the floating platforms of the Iraq Petroleum Company, whose function is as a station for the processing of giant oil tankers with crude oil, which It is reached by pipelines extending from the Al-Basra oil port to these platforms.
The mechanism of action of these platforms is to receive the crude oil that reaches them through the pipes extending under the surface of the water and then re-pump it to the storage depots in the oil tankers through the pump installed on the surface of these platforms.
In order for this process to be carried out in a correct manner that does not lead to oil leakage or that the waves do not lead to the tanker colliding with the oil platform or other marine installations, the process of guiding the ship to dock in the appropriate place is carried out, and then it is fixed by the tugboats. The oil pumping process is controlled and this process is managed in terms of Pumping time and quantity by following a set of procedures stipulated in various laws such as the Iraqi ports and harbors law and its instructions and the law of the National Oil Company.
A dispute arose over who should carry out these procedures, whether it is the general facility for Iraqi ports or the national oil company represented by the South Oil Company.

The means of marine transport (the ship) is distinguished by being less expensive in its construction and maintenance compared to an airplane or a train of the same tonnage. If we contemplate the world map, we will find that there are countries that have benefited a lot from their sea coasts, so they formed huge commercial fleets that roam the world east and west. Maritime transport is a distinct supporter of international trade for the global economy as a whole, and there can be no trade without transport, just as there can be no transport without trade. And that the link between the process of trade and the process of transport is interrelated, as trade is an end and transport is a means to achieve this end, and maritime transport has dropped all natural separations and barriers between the countries of the world. All these privileges for maritime transport by ship are managed by the captain, as he is the master of the ship, the captain of the voyage, and the first persons assisting the marine carrier. The captain is subject to disciplinary liability if he violates his professional duties or obligations stipulated in the maritime legislation. He is also subject to criminal liability. The master is punished with a criminal penalty in other specific cases. And that the many powers enjoyed by the captain of the ship lead him to multiple responsibilities that fall upon him, as he bears a great responsibility in managing the ship, directing it safely, and making the right decisions in cases of necessity.

The common way to transport goods by sea is to ship them in the places designated for them, i.e. in the wards of the ship, but the carrier often resorts to transporting goods on the deck of the ship, which exposes them to the dangers of the sea and weather fluctuations, which may lead to damage or complete damage to them. Therefore, the legislators in many countries, including the Iraqi legislator, have set special texts that dealt with the issue of transporting goods on deck. According to the enforceable Iraqi Transport Law No. 80 of 1983, the carrier’s non-responsibility for the loss or damage of the goods or the delay in their delivery in the event of shipped on the deck if the carrier agrees on that through the express agreement which is stated in the shipping document. This position is consistent with the provisions of the Hamburg Convention of 1978 in this regard. These provisions were appropriate to the conditions of maritime transport during their issuance, but the changes in this sector and the emergence of ships dedicated to transporting containers on the deck of the ship, which reduced the risks afflicting the goods to a large extent, made the consent of the shipper a matter of consideration. This matter calls us to investigate the feasibility of obtaining the consent of the shipper or not if the goods are transported on the deck of these specialized ships. It has become clear to us that there are shortcomings in the Iraqi legislation in dealing with transport on deck, which requires the approval of the shipper, regardless of the type of ship used in transport, and not keeping pace with developments in the container ship industry. Therefore, this study proposes to the Iraqi legislator to amend the legal texts regulating the transport of goods on deck, assuming the implied consent of the shipper in the event of transporting his goods in containers on the deck of the ship designated for this type of transport.

Maritime piracy is one of the most prominent threats to the safety of maritime transport, which is reflected successively on the international trade movement and, consequently, on peace and security in the regions that suffer from this problem, in addition to its other security problems that caused the emergence of this type of maritime crime.
In view of the growing acts of maritime piracy and the development of its means and its extension even to the high seas areas in a manner that exceeds the ability of individual states to confront it in view of the wide field of its operations, it was necessary for the international community to move represented by the major countries concerned with this threat and with them the international and regional organizations led by the United Nations to confront the security threats that have become It is represented by the acts of maritime piracy, especially in the open seas, by taking an escalating series of important decisions and procedures that did not adhere to the scope of what was stated in the international agreements concerned with regulating these cases, but rather derived from the authorities provided for it by Chapter VII of the Charter of the United Nations, by deploying international forces in the areas that are active piracy, although there are many obstacles to these international endeavors.
The study derives its importance from the need to demonstrate the seriousness of the threats posed by maritime piracy to the security and safety of maritime transport and the risks it causes from an economic point of view, as well as its effects on the security of coastal states, either because of these criminal operations or due to the intervention of the international community in their internal affairs to enable them From restoring the imposition of security, on the other hand, this research seeks to show the role of the international community and its active organization the United Nations and its most important organs (the Security Council) in finding appropriate solutions to eliminate or reduce the risk of maritime piracy to the maximum extent possible.

The transport industry in general witnessed spectacular technological developments at the beginning of the second half of the 20th century, a manifestation of these developments has been; and features of these developments was; the use of containers as a typical transport tool, In addition to technical advances in transport and communications and their methods of use and management, thus, it wasn't surprising that international bodies involved in attempts to establish legal rules fit for regulating international multimodal transport, these attempts have gone down the road, sometimes even and sometimes stalled, pending signature (United Nations Convention on the International Multimodal Transport of Goods) in 24/5/1980.
We will devote the first examination to the development of international legislation.

Oil pollution phenomenon is considered the most dangerous problems that face international community in the meantime ,which cause negative and harmful effects on sea environment and its different elements. This kind of pollution is prince pally a definite phenomenon and reality in the last years because the world countries depend on oil and its derivative in seaports that many oil amounts leak during shipping from export countries to consumed one for this dangerous situation the international community sees that it better to put a complete legal system to protect sea environments that should take the task of putting many preventive ways to protect the environment at this under titled research(International rules of protecting sea environment from oil pollution by ships) which explain the pollution of sea environment by oil which is included in international agreements and most important causes of that pollution of ships for its danger and affect on sea environment in special way and human and environment in general ,and how international agreement can deal with oil pollution .
The research include forward ,problems of research plan , and conclusion that includes mammy results and recommendations

Maritime transport is one of the most important means of commercial life since ancient times, as it is one of the oldest commercial businesses in transporting things and people, and today it is considered one of the most important means of transporting people and huge goods at all, for its ease and reasonable prices. The ship’s agent contract, or what is termed as the maritime agent contract, is the contract that regulates the relationship between the maritime agent on the one hand and the maritime carrier on the other hand and defines the rights and obligations of each of them. The most important of its obligations is the implementation of the maritime transport contract in the name and on behalf of the carrier and carrying out all the necessary legal work, whether in the contract of carriage of things or the contract of carriage of persons. Despite the importance of this contract in commercial life, it did not receive proper attention from the Iraqi legislator in terms of the laws regulating it compared to its great importance in commercial life. Therefore, in this article, we will discuss the ship’s agent contract guided by the Iraqi Maritime Agencies Law No. 56 of 1985 and related laws such as the Iraqi Transport Law No. 80 of 1983, and other comparative laws to clarify the general legal framework for this contract and the consequent rights and obligations of its parties.

Marine pollution is defined as the introduction of materials or energy directly or indirectly into the marine environment as a result of various human activities, which leads to harmful effects on living marine organisms and wealth. As well as harmful effects on human health. Impeding various marine activities, including fishing. The properties of seawater change, making it less suitable for use for various purposes. With the development of life and industrial and technological progress, the environment, with all its elements - water, air, and soil - has become exposed to new pollutants that were not previously known. Pollution crimes can pose a threat to our health and safety on a daily basis, as these dumped hazardous wastes may pollute the waters of the seas and oceans in a way that Illegal, and these dangerous materials include, for example, electronic waste, chemicals, and industrial waste, in addition to the waste produced as a result of the transportation of materials that are described as dangerous to the lives of living organisms. Due to differences in legislation between countries and weak law enforcement systems. Together, these practices have become difficulties that hinder measures to combat environmental crime, including marine pollution resulting from the transport of hazardous materials in the seas and oceans.

This research studies the Athens convention relating to the carriage of passengers and their Luggage by sea signed in 1/11/2002 – entered into force in 23/4/2014. Bystating the Provisions of the ier Liability in term of the scop of application, and the nature of carrier liability, and damages claimed by the carrier.

Maritime piracy is one of the negative phenomena that threaten individuals, international trade, and the security and political life of the international community, which has raised the world's attention to confront it, given that this crime is closely linked to the traffic of maritime trade and is one of the biggest problems that threaten maritime safety, so it is necessary to remedy the matter by concerted efforts to combat This crime is in order to provide protection for ships and their safety at sea. .
In this research, we will focus on the statement of the legal organization to combat this crime, whose nature necessitated dividing it into two requirements. In the first requirement, we dealt with the nature of the crime of maritime piracy, which we divided into two branches. In the first section, we dealt with the concept of the crime of marine piracy, while the second section was devoted to the provisions related to the crime of maritime piracy. As for the second topic, we dealt with the international and regional efforts to combat the crime of maritime piracy, .Which we divided into two sections. In the first section, we dealt with the international efforts to combat the crime of maritime piracy, while the second section was devoted to regional efforts to combat the crime of maritime piracy, and we ended with a conclusion containing the results and recommendations .

Piracy constitutes an attack on the principle and freedom of navigation, that original principle called for by all international norms, foremost of which is the Islamic Sharia through its clear texts covering all aspects of life, and countries have agreed to fight this crime and punish its perpetrator, until the international custom has settled on considering the pirate an enemy of the race Good news, because of its actions directed against the entire international community, and its cause of many dangers that threaten lives as well as international trade and dealings between members of the international community, and every country tries to ensure its legislation protects and deters these crimes in addition to the international efforts made in this regard.

The maritime piracy operations in the Arabian Sea and the Gulf of Aden have caused severe damage to the international trade movement, as it is considered one of the extremely dangerous international terrorist operations that have raised concerns among the countries of the world and their national security, in addition to their impact on the movement of global trade and various means of maritime transport, especially oil transportation operations. The Arabian Gulf to Europe and America, which caused a decrease in the number of ships arriving at the ports of the region, and thus a decline in revenues and an increase in freight rates.
The crime of maritime piracy is one of the crimes of an international nature - An International Crime - that threatens maritime security and international trade, including piracy in the region and the Arabian Gulf that was prevalent before the twentieth century, being one of the main threats to global maritime trade routes, especially with the importance of British India and Iraq.
The study aimed to demonstrate the negative effects resulting from maritime piracy operations in the region, as it is one of the terrorist operations that are condemned by international criminal law, according to the hypothesis that the increase in piracy cases in the region will negatively affect the economies of the countries of the region, as well as the safety of their national security.

Maritime legislation obligated the captains of ships to extend a helping hand to those who need it at sea in specific cases, and thus the refusal of the captains to provide marine assistance in those cases is a violation of these legislations, because by their reluctance they have taken a negative position at a time when the law requires them to take positive action. Intervention to prevent harmful results that the law seeks to remedy. Accordingly, the importance of the obligation to provide assistance and maritime rescue prompted the maritime legislation to make refraining from providing this assistance a criminal offense punishable by law, in order to destroy the selfishness, self-love and indifference of ship captains. Therefore, the skipper's refusal to provide assistance and marine rescue entails criminal liability, but the matter does not stop at this point only, but his civil liability is raised in addition to that, so that every person who has suffered damage as a result of the captain's failure to provide marine assistance can file a civil lawsuit To claim compensation for the damages incurred by him, and this lawsuit is not only filed against the captain, but it can also be filed against the ship’s operator as a subordinate questioning about the actions of his subordinate.

The Advantages And Obstacles concerning The Maritime Transportation By containers System.
This modest study does not cover all the Problems concerning this subject. But it draw the attention of the others to Present deep Studies in this Subject In Iraq the maritime transportation is underdeveloped and the use of containers in maritime transportation facing man's Problems e.g. the place of Containers Shipping, the unloaded Spaces inside the container Reshipping the containers‹ handling the Containers. Storage them
On the other side there are many advantages Concerning the maritime transportation by containers system.
Therefor we divided this research into three Sections:
First Section: Sheed Light on the meaning of Container uses in maritime transportation
Second Section! Discusses the advantages and problems faces maritime contain pin transportation.
Third Section The effect of this kind of transportation on the traditional bill of Leading and the responsibility of the maritime Capper.
Conclusion! Demonstrated the Research results and recommendations