Document Type : Article


1 Ph.D. Student in International Law, Islamic Azad Universirt, Gom Branch, Gom, Iran‎

2 Associate Prof. ,Department of International law, Faculty of Law, Gom University, Gom, Iran‎



After coup d'etat of 1953 in Iran, Iran's relations with the United States entered a new phase and continued until the Shah's departure from Iran on 9th Jan. 1979, and perhaps shortly thereafter that. Meanwhile, many contracts were signed to buy and sell military items between the two countries. But with the end of friendly relations between the two countries and the subsequent signature of Algiers Accords and the establishment of Iran-United States Claims Tribunal, allegations of breach of these contracts formed the basis for a case filed by Iran in the tribunal which is still pending. Given the lack of governing lawn in these contracts, it is important to determine their governing law which is subject to determination of their legal nature. Thus, this paper seeks to determine legal nature of arms and military equipment contracts between the United States and Iran by conducting analytical research. Given the five reasons that are a strong sign of the existence of treaty elements in these contract, it can be concluded that the contracts in question are in fact treaty under the in the sense of Vienna Convention on the Law of treaties.


  1. English

    1. A) Books
    2. Agreement between the United States of America and Panama of 23 March 1940 relating to the construction of a highway between Chorrera and Rio Hato.
    3. Agreement of 17 May, 1946 between the United States of America and Portugal relating to the supplying of Portuguese colonial sisal, UNTS, Vol. 126.
    4. Agreement of 2 July 1947 between New Zealand and France regarding the granting of credits for the purpose of financing purchases of wool and other produce of New Zealand, UNTS, vol. 16.
    5. Agreement of 2 September 1946 between the United States of America and the Philippines for the sale of certain surplus war property, UNTS, Vol. 43.
    6. Agreement on a Danish Government loan to Iran (with annex and exchange of notes), Signed at Copenhagen, on 2 November 1967, UNTS, Vol. 638.
    7. Agreement relating to a Military Mission in Iran was signed on 1947, October 6 in Tehran, UNTS, No. 170.


    1. B) Articles
    2. Brower, C. N., & Brueschke, J. D. (1989). The Iran-United States Claims Tribunal, The Hague: Nijhoff.


    1. C) Judgments, Awards and Briefs
    2. Convention of 2 March 1936 between the United States of America and Panama relating to the construction of the Trans-Isthmian Highway, League of Nations Treaty Series, Vol. 100, with Supplemental Agreement of 31 August and 6 September 1940, UNTS, Vol. 124.
    3. Convention of 23 December 1946 between Yugoslavia and Roumania concerning the loan of grain, UNTS, Vol. 116.
    4. Corten O., & Klein, P. (2011). The Vienna Conventions on the Law of Treaties: A Commentary. Oxford: Oxford University Press.
    5. Crook, J. R. (1989). Applicable Law in International Arbitration: the Iran-U.S. Claims Tribunal Experience. American Journal of International Law, 83(2), 278-311.


    1. D) International agreements and instruments
    2. Dorr, O., & Schmalenbach, K. (2012). The Vienna Conventions on the Law of Treaties: A Commentary. New York: Springer.
    3. Evans, D., (2011). International Affairs and Intelligence Studies Primer, US: Evans Analytics.
    4. Fatouros, A.A. (1980). International Law and the Internationalized Contract. American Journal of International Law, 74, 134-141.
    5. ICJ (2001). LaGrand (Germany v. United States of America), Judgment of 27 June 2001.
    6. ICJ (2010). Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo), Judgment of 30 November 2010.
    7. IUSCT (1981). Case B1, Doc. 1, Statement of Claim of the Ministry of National Defense of the Islamic Republic of Iran, 18 November 1981.
    8. IUSCT (1983). Case B1, Doc. 277, Procedural Issues Hearing.
    9. IUSCT (1986). Case B1, Doc. 458, Interlocutary Award in Case B1, Award No. ITL 60-B1- FT, 4 April 1986.
    10. IUSCT, (1988). Case B1, Doc. 593, Award No. 370-B1-FT, 16 June 1988.
    11. IUSCT, (1989). Case B1, Doc. 724, Partial Award on Agreed Terms (Claim 1), Award No. 452-B1-FT, - 6 Dec. 1989.
    12. IUSCT, (1991). Case B1, Doc. 860, Partial Award on Agreed Terms (Claim 4), Award No. 525-B1-FT, - 2 Dec 1991.
    13. IUSCT, (2002). Case B1, Doc. 1726, Rebuttal Memorial of the Islamic Republic of Iran concerning 130 FMS Cases.
    14. IUSCT, (2012). Case B1, Doc. 2257, Brief and Evidence of the United States in Rebuttal General Issues Brief.
    15. IUSCT, (2016). Case B1, Doc. 2888, Brief and Evidence of the United States Concerning the Merits of its Counterclaim and Related Issues.
    16. Lauterpacht, H., (1953). Law of Treaties. International Law Commission, II, 90-163.
    17. Loan Agreement of 7 September 1949 between Belgium and France (with form of promissory note) UNTS, Vol. 123.
    18. Loan Convention between Belgium and Netherlands of 7 September 1949 between Belgium and the Netherlands (with form of promissory note), UNTS, Vol. 117.
    19. McAsey B., (2016). The Recent Settlement at the Iran-United States Claims Tribunal: Historical Context, Implications, and the Future. Kluwer Arbitration Blog.
    20. Memorandum of understanding concerning the revisions of Foreign Military Sales (FMS) letters of offer and acceptance, UNTS, Vol. 1168.
    21. Paulsson, J. (1984). The ICSID Klöckner v. Cameroon Award: The Duties of Partners North-South Economic Development Agreements. Journal of International Arbitration, 1(2), 145- 168.
    22. The Government of the State of Kuwait v. The American Independent Oil Company (AMINOIL), Award of May 24, 1982.
    23. Treaty of Amity, Economic Relations, and Consular Rights, Signed at Tehran, on 15 August 1955, UNTS, Vol. 284.
    24. United Nations, Vienna Convention on the Law of Treaties, 23 May 1969, United Nations, Treaty Series, Vol. 1155, p. 331
    25. Villiger, M. (2009). Commentary on the Vienna Conventions on the Law of Treaties. Leiden: Nijhoff.


    References in Persian:

    1. A) Books
    2. Ansari M. P. (2017). International Trade Law. Tehran: Mizan, 1st Ed (In Persian).
    3. Piran, H. (2015). The Law of International Investment. Tehran: Ganjedanesh, 1st Ed (In Persian).


    1. B) Articles
    2. Ahmadi V. A. (1985). A Brief Review of the Algiers Accords. International Law Review, 1(1), 7-96 (In Persian).
    3. Arab Chadegani, R. (2020). Applicable Law and its Effect on Foreign Military Sales (FMS) in Iran-U.S. Claims Tribunal. Public Law Studies Quarterly, 50(4), 1643-1662 (In Persian).
    4. Bowett, B., A. (1993). State Contracts with Aliens: Contemporary Developments on Compensation for Termination or Breach. International Law Review, 12(16-17), 397-452 (In Persian).
    5. CILA, (1984). Algiers Accords Documents. International Law Review, 1(1), 235-289 (In Persian).
    6. CILA, (1985). Algiers Accords Documents. International Law Review, 2(2), 245.282 (In Persian).
    7. CILA, (1985). Algiers Accords Documents. International Law Review, 3(3), 201-255 (In Persian).
    8. Mohebi, M. (1995). Legal nature of the Iran-United States Claims Tribunal from the perspective of international law. International Law Review, 13(18-19), 95-144 (In Persian).
    9. Mohebi, M. (1998). The Algeria declaration: A view at a glance. International Law Review,  16(23), 5-42 (In Persian).
    10. Mostafavi M., & Amani M. (2012). The Nature of International Oil Contracts. Journal of Islamic Education Research,  2(3), 143-180 (In Persian).