Document Type : Article
Former Assistant Prof., Department of Public Law and International Law, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
MA. in (International Law), Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
Following the sanctions by the US, on July 16 2018 Iran filed in the ICJ an application instituting proceedings against the US pursuant to Article 21(2)of the Treaty of Amity. The proceeding led to the issuance of a Judgment February 3 2021 and declaring jurisdiction of the court to settle the dispute. During the proceedings, the US as a defendant, challenged the court's jurisdiction and raised some preliminary objections, including "Third Country Measures". The main question is how was reflected in the Judgment of the ICJ, February 3 2021, the "Third Country Measures" as one of the defendant’s preliminary objections? The paper concludes descriptively-analytically that inferred from the Court's Judgment, in order to examine the violation of the Treaty of Amity, it is important to determine the jurisdiction based on the US action about sanctions, not on the manner of implementation that could be the US or any other state.
- A) Documents & Cases
- I.C.J, Alleged Violations of Treaty of Amity, Economic Relations and Consular Rights (Iran v. USA), Judgment of 3 February 2021.
- I.C.J, East Timor (Portugal v. Australia), Judgment of 30 June 1995.
- ICJ Reports, Application of Alleged Violations of Treaty of Amity, Economic Relations and Consular Rights (Iran v. USA), Filed in the Registry of the Court on 16 July 2018.
- U.N. Treaty Series, "The Treaty on the Non-Proliferation of Nuclear Weapons", Adopted by General Assembly at 1 July 1968, Entered into Force at 5 march 1970.
- INFCIRC/214, THE TEXT OF THE AGREEMENT BETWEEN IRAN AND THE AGENCY FOR THE APPLICATION OF SAFEGUARDS IN CONNECTION WITH THE TREATY ON THE NON-PROLIFERATIO OF NUCLEAR WEAPONS, 13 December 1974.
- IAEA, Implementation of the NPT safeguards agreement in the Islamic Republic of Iran, Repot by Director General,(Gov/2003/32).
- IAEA, Implementation of the NPT Safeguards Agreement in the Islamic Republic of Iran, Resolution adopted on 4 February 2006 , (Gov/2006/14).
- NSPM / National Security Presidential Memorandum, Administration of Donald J. Trump, National Security Presidential Memorandum on Ceasing United States Participation in the Joint Comprehensive Plan of Action and Taking Additional Action To Counter Iran's Malign Influence and Deny Iran All Paths to a Nuclear Weapon, May 8, 2018.
- The security council , S/RES/1696 (2006), Resolution 1696 (unscr.com).
10 . The security council ,S/RES/1737 (2006) ,Security Council Resolution 1737 - UNSCR.
Refrences In Persian:
- A) Articles
- Mirfakhraei, Seyed Hassan & Piri, Sadegh (2016), " Study on Applicability of Amity Treaty of 1955 for Propounding the Case in the ICJ in Regard to the Western Sanctions against Iran", Studies of International Relations Journal, No.34, pp.96-126 (In Persian).
- Mollakarami, Omid & Jalali, Mahmoud (2017), " Nature of JCPOA From Perspective of International Law", Quarterly Journal of Public Law Studies, No.1, pp.51-73 (In Persian).
- Movassaghi, Hassan (2007), " Analysis of the Judgment of the International Court of Justice in the Jurisdiction in case concerning East Timor (Portugal v. Australia. 30 june 1995)", Quarterly Journal of Allameh, No.15, pp.162-185 (In Persian).