The International Law Character of the Iran-United States Claims Tribunal

Front Cover
Martinus Nijhoff Publishers, Oct 6, 1999 - Law - 417 pages
Determining whether the Iran-US Claims Tribunal (the Tribunal) is a truly public international tribunal is not merely an interesting theoretical exercise. The Tribunal's legal character has significant ramifications, for example on enforceability at the international level, the applicability and scope of "res judicata" regarding dismissed claims, and the evidentiary value of its jurisprudence, particularly pursuant to Article 38(1) of the ICJ statute. This title explores the legal character of the Tribunal and its status under the law of peaceful settlement of international disputes. The public or private nature of the Tribunal is a matter of significant controversy. Certain peculiarities of the Tribunal, namely its accessibility to private claimants, the exclusion of the exhaustion of local remedy rule, and the regime provided for the execution of its awards suggests that it is not, in fact, wholly public. Conversely, the author analyses the Tribunal under a three-part test for public international character - (1) international treaty as origin, (2) applicable law international in nature, (3) controlling parties subject to international law - and finds that it meets all three criteria. In doing so, the author admittedly counters the apparent position of the Tribunal itself that its nature is a hybrid of both public and private elements. "The International Law Character of the Iran-United States Claims Tribunal" includes: - a historical survey on international tribunals; an analysis of the adverse arguments; and - a detailed discussion of the Tribunal's practice on expropriation cases to give a concrete example of its functioning on international law level, is considered in detail inPart Three. The controversial nature of the author's thesis, the thoroughness of the analysis, and the importance of the Tribunal itself make this a book of interest and import for academics who keep abreast of international law developments.
 

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Contents

GENERAL REMARKS
3
CHAPTER
6
CHAPTER
14
THE CRITERIA OF INTERNATIONAL TRIBUNALS
29
CHAPTER
57
TRIBUNALS TO THE IRANUNITED STATES CLAIMS TRIBUNAL
91
CONTROVERSIES CONCERNING THE NATURE OF
212
AN EXAMPLE OF APPLYING INTERNATIONAL
275
CHAPTER
301
CONCLUSION
318
CHAPTER THREE
321
THE INTERNATIONAL LAW CHARACTER OF THE IRANUNITED
359
CHAPTER
361
THE TRIBUNAL AT A FUNCTIONAL LEVEL
367
CHAPTER THREE
374
SELECTED BIBLIOGRAPHY
409

CONCLUSION
299

Common terms and phrases

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