Document Type : Article
1 Prof., Department of Private Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
2 Ph.D. Student in International law, Faculty of Humanities, Islamic Azad University, Sari branch, Sari, Iran
Settling the disputes between Iran and the United States regarding the interpretation and enforcement, the Algiers declarations is within the competence of the Iran-United States Claims Tribunal (the Tribunal) as an international ad hoc arbitration institution. Interpretation is the intermediary between a legal rule and the event to which it is applied. As such, in order to correctly connect the rule to the event, the Tribunal is allowed to resort to general principles of law, custom and implied obligations. In this regard, the Tribunal has attempted to issue awards that establish a coherent case law within the framework of the international law of treaties. Such decisions motivate the governments of Iran and the United States to adhere to the principles and rules of the international law of treaties. This paper intends to study how the law of treaties has been develped by the awards of the Tribunal.
- A) Books
- Binder, Christina, Christoph Schreuer (2013), Unjust Enrichment, Max Planck Encyclopedia of Public International Law.
- Black’s Law Dictionary, 2004, 8th Edition.
- Boschiero, Nerina & Scovazzi, Tullio (2013), International Court and the Development of International Law, Asser Press.
- Caron, David D., Caplan (2013), Lee, The UNCITRAL Arbitration Rules- Commentary, Oxford University Press.
- International Institute for the Unification of Private Law (2016), UNIDROIT Principles of International Commercial Contracts, Published by the International Institute for the Unification of Private Law (UNIDROIT), Rome
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- Tams, Christian & Sloan, James (2013), The Development of International Law by the International Court of Justice, Oxford University Press.
- B) Articles
- Anderson, David (2013), “Some Aspects of the Use of Force in Maritime Law Enforcement”, in: International Court and the Development of International Law, Asser Press, Pp 233-244.
- Arechaga, Eduardo Jiménez (1979), “Custom as a Source of International Law”, The Collected Course of the Hague of International Law, Tome 159 de la collection, Vol.1, Pp. 30-43.
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- C) Doccuments
- Statute of the International Law Commission (ILC)
- D) Cases
D-1: Cases of Iran - United States Claims Tribunal
- IUSCT, Award No. 1-64-180
- IUSCT, Award No. 2-157-31
- IUSCT, Award No. 2-298-544
- IUSCT, Award No. 2-39-11
- IUSCT, Award No. 2-55-12
- IUSCT, Award No. 3-56-310
- IUSCT, Award No. 529-A15 (II A and II B)-FT
- IUSCT, Award No. 597-A11-FT
- IUSCT, Award No. 601-A3/A8/A9/A14/B61-FT
- IUSCT, Award No. ITL 85-B1-FT
- IUSCT, Decision No. DEC 130-A28-FT
- IUSCT, Decision No. DEC 1-A2-FT
- IUSCT, Decision No. DEC 32-A18-FT
- IUSCT, Decision No. DEC 37-A17-FT
- IUSCT, Decision No. DEC 62-A21-FT
- IUSCT, Decision No. DEC 8-A1-FT
D-2) Another Cases
- ICSID, Case No. ARB-03-20, 2006
- PCA, Ecuador v. USA, 2012
- PCA, Netherlands v. Russia, 2017
- PCA, Netherland v. France, 2004
- E) Sites
Refrences In Persian:
- A) Books
- Khalilian, Khalil (2003), A Jurisprudential Study on the Iran-United States Claims Tribunal, Published in Iran by Enteshar Co. Publication (In Persian).
- Mafi, Homayoun (2018), A Commentary on International Commerical Arbitration Act of Iran, Published by University of Judicial Sciences and Adminstrative Services (In Persian).
- Mohebi, Mohsen (2000), The International Law Character of the Iran-United States Claims Tribunal, Published in Iran by Fardafar Publication (In Persian).
- B) Article
- Alhooyee Nazari, Hamid (2010), “The Process of Humanization of International Law and Concensuality Principle of Jurisdiction of International Courts of Justice”, in the Congress Collected Essays: Role of International Court of Justice in Enforcement and Development of International Law (In Persian).
- Falsafi, Hedayatollah (1992), “Methods of logical understanding of international law- Interpretation and implementation of the provisions of international law”, Legal Research Quarterly, Vol. 116 (In Persian).
- Falsafi, Hedayatollah (2007), “The Event of Interpretation in the International Court of Justice”, in the Congress Collected Essays: Role of International Court of Justice in Enforcement and Development of International Law (In Persian).
- Ghasemi, Ali (2009), “Interpretation of Treaties in the Practice of Iran-United States Claims Tribunal”, International Law Review, Vol. 39 (In Persian).
- Oulomi Yazdi, Hamidreza, (2011), “Enter International Commitment Implicit in International Treaty: Rereading Two Awards of Iran - United States Claims Tribunal”, Law & Politics Research Journal, Vol. 33 (In Persian).
- D) Documents
- Declaration of Algeria: General Declaration, Declaration of The Settlement of Claims, Undertakings of Iran and USA, 1981 (In Persian).
- Vienna Convention on the Law of Treaties (VCLT) 1969 (In Persian).