Grounds of National and International Demand for Strogen Caviar Fishes in Caspian Sea (The Place of Unification Judgment No 632 of Supreme Court)

Document Type : review paper

Author

Private & Islamic Law, Faculty of Law and Political Sciences, University of Tehran

Abstract

Law of Sturgeon Caviar protection are neither a full-fledged national Law nor a purely legal matter. These Law are tied to Research and Scientific Data proposed by fisheries and environmental scientists, and are built on three pillars, each of which alone is not enough to rely on. International Perspectives on Conventional Law are another factor in expanding the protection of these valuable animals. Thus, with the nationalization of fisheries in our country on the one hand, and the growth of expectations from this sea to alleviate poverty and expanding the trade and oil and gas exploitation industries and in general, increase of the power and ability to capture and have possession on the nature of this sea and borderless pollution on the other hand, national research and international efforts were made to preserve and survive.The result of this research is that although it is now an Economic and Smuggling crime the illegal catch these fish, but the national and international law faces this crime and trade, especially the requirements of international institutions such as International Union for Conservation of Nature (IUCN) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is not efficient and effective, regardless of the data of fisheries scientists and environmentalists in any region. The decision of the Supreme Court as an excellent reaction of local authorities that has been issued regarding about the types of mild and severe violations of the law is important here, given the international requirements. It can be said that the political will of Iranian legislators and decision makers to some extent is consistent to these national, international dimensions, fisheries scientific data from the point of view of species protection and environmental protection of natural habitat and fight against pollution and finally economic attitude to fishing.

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