Legal and Judicial Interventions in Offshore Oil Structures: A Public Rights Perspective

Background and Theoretical Foundations: Encroachment upon the beds and boundaries of rivers and seas—particularly in environmentally sensitive regions such as the Caspian Sea—constitutes a serious threat to public rights, ecological sustainability, and intergenerational justice. Offshore oil structures, coastal constructions, and unauthorized exploitation of maritime zones have intensified pressures on these fragile ecosystems, necessitating effective legal and judicial interventions. Within the Iranian legal system, the protection of marine and water resources faces persistent challenges, including fragmented governance, weak enforcement mechanisms, and structural and regulatory deficiencies. From a theoretical perspective, the issue intersects public law, environmental law, maritime law, and Islamic jurisprudence. In Islamic legal thought (Fiqh), two dominant theories govern the legal status of seas: one views the sea as Mubāḥāt (common property), accessible to all under the principle of original permissibility (Ibahah), while the other classifies it as Anfal, placing it under state trusteeship to be administered in accordance with justice and public interest (Maslaha). These theoretical foundations provide an essential framework for evaluating state responsibility and judicial intervention in safeguarding public maritime assets.Methodology: This research adopts a descriptive–analytical methodology, relying on doctrinal legal analysis of Iranian statutory law, judicial precedents, Islamic jurisprudential sources, and relevant international treaties. Special attention is given to international maritime environmental regimes—most notably the United Nations Convention on the Law of the Sea (UNCLOS)—as well as regional legal instruments applicable to the Caspian Sea. Comparative and normative analysis is employed to assess the coherence and effectiveness of legal and judicial mechanisms in addressing violations affecting offshore structures and maritime public rights.Findings: The findings indicate that despite the existence of comprehensive legal norms at both national and international levels, inadequate implementation of the Fair Water Distribution Act, lack of institutional coordination, and insufficient judicial oversight have resulted in widespread violations of public rights in the Caspian Sea’s coastal and offshore zones. Offshore oil platforms and related activities pose significant environmental risks, yet regulatory responses remain fragmented and reactive. From the standpoint of Islamic jurisprudence, compliance with international marine environmental regulations is considered legitimate and even obligatory, provided such norms align with Islamic interests and the objectives of Sharia (Maqasid al-Shari'a), particularly the protection of life, property, and the environment.Conclusion: The study concludes that effective protection of the Caspian Sea requires a reinforced model of legal and judicial intervention grounded in public law principles. Strengthening enforcement mechanisms, establishing specialized regional supervisory bodies, enhancing judicial accountability, and creating an environmental compensation fund are essential steps toward safeguarding public maritime rights and ensuring sustainable management of offshore oil structures.

کلیدواژه ها:

public law ، Judicial Interventions ، Offshore Oil Structures ، Law of the Sea ، Islamic Jurisprudence