چکیده:
Settling the disputes between Iran and the United States regarding the interpretation and enforcement, the Algiers declarations is within the competence of the Iran-United States Claims Tribunal (the Tribunal) as an international ad hoc arbitration institution. Interpretation is the intermediary between a legal rule and the event to which it is applied. As such, in order to correctly connect the rule to the event, the Tribunal is allowed to resort to general principles of law, custom and implied obligations. In this regard, the Tribunal has attempted to issue awards that establish a coherent case law within the framework of the international law of treaties. Such decisions motivate the governments of Iran and the United States to adhere to the principles and rules of the international law of treaties. This paper intends to study how the law of treaties has been develped by the awards of the Tribunal.
خلاصه ماشینی:
The Role of the Iran-United States Claims Tribunal in the Development of Treaty Law (Article Type: Scientific-Research) Homayoun Mafi 1*, Ali Ghahari 2 Abstract The Iran-United States Claims Tribunal, as a case-by-case international arbitration institution, is the competent authority to adjudicate disputes between Iran and the United States regarding the interpretation or implementation of the provisions of the Algiers Declarations, in line with its conferred subject matter jurisdiction.
In the Isfahanian case2, the Tribunal states: Since, according to international law, the statement of settlement and the general statement are both considered treaties, our guide in interpreting the aforementioned statements will be Articles 31 and 32 of the 1969 Vienna Convention on the Law of Treaties.
In case A321, in Iran’s request for interpretation of the Algiers Declarations, the Tribunal stated: The issue raised by Iran requires not only examining the explicit text of the provisions of the Algiers Declarations, but also examining these documents within the framework of “general principles of international law.
” The Permanent Court of Arbitration referred to this point from the judgment of case A-28 of the Iran-United States Claims Tribunal which stated: Paragraph 7 of the Algiers Declarations has been interpreted in accordance with the rules of Articles 31 and 32 of the Vienna Convention, and the parties have detailed in their pleadings the history of negotiations of paragraph 7.
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