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Vol 21 No 9 Sept/Oct 2016

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The International Law Character of the Iran-United States Claims Tribunal

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ISBN13: 9789041110671
ISBN: 9041110674
Published: September 1999
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £188.00

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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 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 analyzes the Tribunal under a three-part test for public international character: international treaty as origin; applicable law international in nature; 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 book 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 in Part Three. The work should be of interest for academics who keep abreast of international law developments.

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Abbreviations. Table of Cases. Part One: International Tribunals.
1. Historical Background of the International Tribunals.
2. The Criteria of International Tribunals. Part Two: Iran--United States Claims Tribunal as an Example of International Tribunal.
1. The Background of the Tribunal.
2. Application of the Criteria for International Tribunals to the Iran--United States Claims Tribunal. Part Three: An Example of Applying International Law by the Tribunal: The Tribunal Practice in Expropriation Cases.
1. The Legal Rules of Expropriation in International Law.
2. What Constitutes Taking? 3. The Compensation for Expropriated Property. Part Four: General Conclusion.
1. The Tribunal at Organizational Level.
2. The Tribunal at Functional Level.
3. Controversies Against International Character of the Tribunal.