The Iran United States Claims Tribunal

An assessment of the Tribunal's jurisprudence and its contribution to international arbitration.

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Author: Wayne Mapp

Publisher: Manchester University Press

ISBN: 0719037905

Category: Law

Page: 393

View: 124

An assessment of the Tribunal's jurisprudence and its contribution to international arbitration. The Tribunal was set up as part of the resolution of the hostage crisis to settle property claims between the two states and their nationals arising from the Iranian revolution. The normal mechanisms for such situations were politically unacceptable to both parties, so an international tribunal was established controlled by independent arbitrators. The analysis focuses on two themes: how the tribunal has applied international law to the issues before it; and the extent to which it is recognized as an international arbitral body and its awards are enforced by municipal courts. Distributed in the US by St. Martin's Press. Annotation copyright by Book News, Inc., Portland, OR

The Jurisprudence of the Iran United States Claims Tribunal

This important new book seeks to preserve and to make accessible the substantial body of Awards and Decisions rendered by the Iran-United States Claims Tribunal during the years since it was established in 1981.

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Author: George H. Aldrich

Publisher:

ISBN: 0191806382

Category: International commercial arbitration

Page: 590

View: 915

This important new book seeks to preserve and to make accessible the substantial body of Awards and Decisions rendered by the Iran-United States Claims Tribunal during the years since it was established in 1981. The jurisprudence of this extraordinary Tribunal is of much broader interest than simply to the parties before it and the two governments that created it. Its hundreds of Awards and Decisions may be individually consulted (there are twenty-seven volumes so far) but hitherto there has been no detailed analytical guide through the vast published work of the Tribunal.

The International Law Character of the Iran United States Claims Tribunal

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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Author: Mohsen Mohebi

Publisher: Martinus Nijhoff Publishers

ISBN: 9041110674

Category: Law

Page: 417

View: 616

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.

The Iran U S Claims Tribunal at 25

In this volume, experts in the field identify and comment on the Tribunal awards that are most important for international arbitration; i.e., the cases that everyone needs to know for investor-state and international commercial arbitration.

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Author: Christopher S. Gibson

Publisher: Oxford University Press

ISBN: 9780199774418

Category: Law

Page: 450

View: 518

The Iran-United States Claims Tribunal, which has been called the most significant arbitral body in history, celebrated its 25th anniversary in 2006. As of mid-2005, the Tribunal had issued over 800 awards and decisions--a total of 600 awards (including partial awards and awards on agreed terms), 83 interlocutory and interim awards, and 133 decisions--in resolving almost 3000 cases. The Tribunal's awards have been described as the most important body of international arbitration jurisprudence. The significance of these decisions as persuasive authority is second to none. In this volume, experts in the field identify and comment on the Tribunal awards that are most important for international arbitration; i.e., the cases that everyone needs to know for investor-state and international commercial arbitration. The book approaches the Tribunal's work from a forward-looking perspective with emphasis on the continuing usefulness of awards and decisions issued by the Tribunal in international arbitration practice. In addition to original contributions from an array of eminent authors (all of whom have extensive experience at the Tribunal and/or in investor-State and international arbitration), this book includes excerpts of key awards discussed in the contributions, as well as appendices with foundational documents for the Tribunal. CONTRIBUTORS INCLUDE: · Roger P. Alford, Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal · David J. Bederman, Emory Law School, former Legal Assistant, Iran-U.S. Claims Tribunal · David D. Caron, C. William Maxeiner Distinguished Professor of Law, University of California, Berkeley, former Legal Assistant, Iran-U.S. Claims Tribunal · Jack J. Coe, Jr. Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal · Christopher R. Drahozal, John M. Rounds Professor of Law, University of Kansas School of Law; former Legal Assistant, Iran-U.S. Claims Tribunal · Christopher S. Gibson, Suffolk University Law School; former Legal Assistant, Iran-U.S. Claims Tribunal · Mark R. Joelson, Law Office of Mark R. Joelson · Lucinda A. Low, Steptoe & Johnson · Andrea J. Menaker, Office of the Legal Advisor, U.S. Department of State · Sean D. Murphy, George Washington University Law School, former U.S. Agent to the Iran-U.S. Claims Tribunal · Daniel M. Price, Sidley Austin, former Deputy U.S. Agent to the Iran-U.S. Claims Tribunal · Jeffrey F. Pryce, Steptoe & Johnson

International Law in Motion

Initiated in Tehran, this bilingual volume of homage brings together twenty contributions on the work of François Rigaux, the jurisprudence of the Iran-United States Claims Tribunal as well as various current issues in public international ...

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Author: Mohsen Mohebi

Publisher: Presses universitaires de Louvain

ISBN: 9782390610663

Category: Law

Page: 386

View: 240

François Rigaux, who died in 2013, was a great figure of Belgian legal scholarship and left a deep impression on many generations of students from Louvain. Essentially known for his pioneering work in private international law, his legal culture was by no means limited to that field, while his critical thinking on the law radiated far beyond Europe. A man of strong-held political convictions, he fought many battles, which led him along the paths of public international law in search of a fairer world. Counsel for the Islamic Republic of Iran before the Iran-United States Claims Tribunal and judge ad hoc appointed by Iran in a case brought against the United States before the International Court of Justice, he directed at Louvain the doctoral research of several Iranian researchers who later became important figures in the Iranian academic and administrative world, among them is Prof. Mohsen Mohebi the co-editor of this Mélanges. Initiated in Tehran, this bilingual volume of homage brings together twenty contributions on the work of François Rigaux, the jurisprudence of the Iran-United States Claims Tribunal as well as various current issues in public international law, including that of economic sanctions.

Iran U S Claims Tribunal Reports Volume 4

Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens. The series is the only complete and fully indexed report of the decisions of this unique Tribunal.

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Author: J. C. Adlam

Publisher: Cambridge University Press

ISBN: 0521464382

Category: Law

Page: 364

View: 296

The Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens. The series is the only complete and fully indexed report of the decisions of this unique Tribunal. These Reports are essential for all practitioners in the field of international claims, academics in private and public international law, and comparative lawyers, as well as all governments and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.

Iran United States Claims Arbitration

The main objective of the author in this work is to make the Tribunal's case law readily accessible through a systematic presentation of legal issues along with handy references to the volumes, pages, and paragraphs of the source as ...

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Author: Sayyed Khalil Khalilian

Publisher: Trafford Publishing

ISBN: 9781466964549

Category: Political Science

Page: 403

View: 960

Iran-United States Claims Tribunal Reports, published by Grotius Publications, Cambridge University Press, comprising hitherto thirty-eight volumes. They are available on the shelves of all law and certain major courts and public libraries across the world. The main objective of the author in this work is to make the Tribunal's case law readily accessible through a systematic presentation of legal issues along with handy references to the volumes, pages, and paragraphs of the source as appeared in the Grotius Reports. It is for all practical purposes a concise compendium making the study of the Tribunal's jurisprudence within reach and a convenient source of study and reference for legal practitioners, law students, and academics in the field of international law arbitration.

Iran U S Claims Tribunal Reports Volume 8

Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens. The series is the only complete and fully indexed report of the decisions of this unique Tribunal.

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Author: J. C. Adlam

Publisher: Cambridge University Press

ISBN: 0521464420

Category: Law

Page: 520

View: 472

The Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens. The series is the only complete and fully indexed report of the decisions of this unique Tribunal. These Reports are essential for all practitioners in the field of international claims, academics in private and public international law, and comparative lawyers, as well as all governments and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.

Claims of Dual Nationals and the Development of Customary International Law

The result is a wealth of material - comprehensively reviewed in this book for the first time - which is likely to be of some benefit to those interested in this area of international law.

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Author: Mohsen Aghahosseini

Publisher: BRILL

ISBN: 9789047421276

Category: Law

Page: 320

View: 562

The law governing the international claims of dual nationals relates to, and is influenced by, the wider subject of the individual’s standing at the international level. But while the latter had, as a result of modern trends in human rights, hugely improved as from the middle of the last century, no occasion to test its impact on such claims had arisen prior to the 1980s, when the Iran-United States Claims Tribunal - justifiably described as the most influential arbitral institution in the history of international adjudication - first became involved with the issue. The significance of the Tribunal’s jurisprudence on the subject is not, however, limited to the judicial support it gives to the international rights of the individual. Having made its basic findings of law on the subject, the Tribunal has proceeded to apply them, for some twenty years, to a host of Cases of widely different characters. The result is a wealth of material - comprehensively reviewed in this book for the first time - which is likely to be of some benefit to those interested in this area of international law.

Iran United States Claims Tribunal Reports

Its jurisprudence will contribute significantly to international law. The series includes the only complete and fully indexed report of this unique Tribunal's decisions.

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Author: Karen Lee

Publisher:

ISBN: 0511195311

Category: Arbitration (International law)

Page: 268

View: 724

Annotation The Tribunal, concerned principally with U.S. nationals' claims against Iran, is the most important international claims tribunal in over half a century. Its jurisprudence will contribute significantly to international law. The series includes the only complete and fully indexed report of this unique Tribunal's decisions. It is essential for practitioners in the field of international claims, academics in private and public international law, comparative law professionals, and government and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.