The International Law Character of the Iran-United States Claims Tribunal
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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THE CRITERIA OF INTERNATIONAL TRIBUNALS
TRIBUNALS TO THE IRANUNITED STATES CLAIMS TRIBUNAL
CONTROVERSIES CONCERNING THE NATURE OF
AN EXAMPLE OF APPLYING INTERNATIONAL
THE INTERNATIONAL LAW CHARACTER OF THE IRANUNITED
THE TRIBUNAL AT A FUNCTIONAL LEVEL
according Agreement Algiers Declarations American Amoco applicable law regime appropriate arbitral tribunals argued Article VII(2 assets Brownlie Central Bank choice of law Claimant claims arising Claims Settlement Declaration clause commercial Commission concerned concluded conflict of laws contract provisions corporation Court of Justice customary international law decide decision determine diplomatic protection discussed dual national effective nationality Emphasis added enforcement entity established expropriation fact Government of Iran ibid ICSID Int'l interests international arbitration International Court international tribunals interpretation invoked Iran-United States Claims Iranian Iranian law judicial jurisdiction law rules lex mercatoria locus standi municipal law national law organ pacta sunt servanda Paragraph persons principles of law procedural public international law question recognized referred relevant respondent Security Account shareholders standing status supra supra n taking tion Treaty of Amity Tribunal awards Tribunal's practice U.S. nationals UNCITRAL United unlawful Vienna Convention