Iran-United States Claims Tribunal in Action PDF Download

Author: Aida B Avanessian
Publisher: Martinus Nijhoff Publishers
ISBN: 9004634592
Category : Business & Economics
Languages : en
Pages : 403

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Book Description
The Iran-United States Claims Tribunal in Action examines and evaluates the scope of the Tribunal's jurisdiction, its practice and awards in order to discover whether and to what extent it has been successful in settling inter-state, primarily commercial, but also politically charged disputes and whether, as a process, it offers a workable solution for future difficult circumstances of a similar nature. Because of its unique features, such as a private and public law nature, the magnitude of its case-load (ca. 3800 cases) and the diversity of matters brought before it, the Iran-US Claims Tribunal will certainly leave its mark on the international legal community.

Author: Charles Nelson Brower
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041106278
Category : Law
Languages : en
Pages : 958

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Book Description
The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.

Author: Charles N. Brower
Publisher: BRILL
ISBN: 9004195149
Category : Law
Languages : en
Pages : 953

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Book Description
The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. The Iran-United States Claims Tribunal was awarded the ASIL Certificate of Merit.

Author: Wayne Mapp
Publisher: Manchester University Press
ISBN: 9780719037900
Category : History
Languages : en
Pages : 430

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Book Description
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

Author: Rahmatullah Khan
Publisher: BRILL
ISBN: 9780792306337
Category : Law
Languages : en
Pages : 370

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Book Description
The record of the International Court of Justice & its predecessor, the old Permanent Court of International Justice, extends back now for about three quarters of a century. During that time the Court has been transformed from a Western (Eurocentric) tribunal in terms both of its judges & also the disputes it was called on to resolve, to an institution broadly representative of the layered, pluralistic world community of today. This is reflected in the fiercely contested battles for election to the Court or the regular triennial elections, & also in the angry denunciations of the Court as a 'political' tribunal rendering 'political' decisions, launched by some national foreign Ministry spokesmen in reaction to Court judgments involving their own states or what they consider as their own vital interests. Within the Court's ranks in recent years there has been a marked philosophical division between those judges (usually from Western or Western-influenced states) who have sought to maintain traditional positivist, strict construction ('neutral') approaches, & those who would in American legal Realist-style, essay a more frankly critical, liberal activist role in the up-dating or re-making of old legal doctrines inherited from earlier eras in international relations. The intellectual-legal conflicts within the Court are canvassed in some of the major political-legal cases of recent years ( South West Africa & Namibia; Nuclear Tests; Western Sahara; Nicaragua v. US ). The contemporary role of the Court & its relation to & cooperation with other principal United Nations (especially the General Assembly) organs, in World Community problem-solving, are fully explored, in terms of the potential problems but also the opportunities & challenges for the Court & its judges today in an historical era of transition & rapid change in the World Community.

Author: Karen Lee
Publisher: Cambridge University Press
ISBN: 9780521833028
Category : Law
Languages : en
Pages : 350

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Book Description
The Iran-U.S. Claims 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.

Author: Lee M. Caplan
Publisher:
ISBN: 1316510905
Category : Law
Languages : en
Pages : 1261

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Book Description
Makes the Tribunal's most recent work publicly available, including an award resolving a large dispute between Iran and the US.

Author: Lee M. Caplan
Publisher: Cambridge University Press
ISBN: 1108911439
Category : Law
Languages : en
Pages : 776

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Book Description
The Iran-US Claims 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, treaty law, and international arbitral procedure. Volume 39 also contains the decisions of the Tribunal's appointing authority in four recent arbitrator challenges and, for the first time, includes the pleadings submitted by the parties and the challenged arbitrator. 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.

Author: Ruth Pogany
Publisher: Cambridge University Press
ISBN: 9780521463386
Category : History
Languages : en
Pages : 554

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Book Description
The series is the only complete and fully indexed report of the decisions of this unique US-Iran Tribunal.

Author: Lea Brilmayer
Publisher: Edward Elgar Publishing
ISBN: 1785363824
Category : Law
Languages : en
Pages : 302

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Book Description
International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book authors examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments.