Document Type : Article
Authors
1 Assistant professor, Faculty of Law and Political Science, Sciences and Researches Branch of Islamic Azad University, Tehran, Iran
2 P.H.D of International Law, Faculty of Law and Political Sciences, Allameh Tabataba University, Tehran, Iran
Abstract
The International Court of Justice, on October 11, 2018, responded unanimously to Iran's request for an interim order in the alleged violations of the treaty of amity case and required the United States to take the necessary measures on free exportation to Iran about humanitarian needs, including medicines and medical devices, foodstuffs and agricultural commodities, spare parts, equipment and associated services necessary for the safety of civil aviation, and do not create no restrictions on the payments and other transfers of funds related to these measures. In the course of the proceedings of the Court, the United States, in addition to proposing multiple objections to the conditions of issuing the interim order (prima facie jurisdiction, the plausibility of the claimed rights and its relation to the interim order, the urgency and irreparable prejudice), argued that the requested interim order will violate the USA's sovereignty. The Court, in its conclusions, which often was as a result of the acceptance of the arguments of the Iranian legal team, affirmed the necessary conditions for the issuance of an interim order. According to The Court, the criterion of irreparable prejudices is not merely financial damage, but damage to human lives.
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