The Governing Law of the Iran-United States Claims Tribunal مقاله

چکیده:

This research, while examining the governing law of the Iran-United States Claims Tribunal, addresses the nature and necessity of applying international law in the practice of claims handled by the Tribunal. The necessity of determining the governing law reflects which legal system is cited by the Tribunal and also on what rules and regulations the Tribunal's practice and performance in issuing awards are based. Generally, 'governing law' includes three titles: the governing procedural law, the rules for choosing the law or conflict of laws rules, and the substantive law. What this writing has studied using a descriptive and analytical method is the substantive law governing these claims. The governing substantive law means the substantive legal rules applied in the decision on the merits of the claim and the settlement of the dispute. In determining the governing substantive law, the starting point is undoubtedly referring to the principle of party autonomy, which is a generally accepted principle in legal systems. Article 5 of the Settlement Declaration allows for the application and implementation of an ad hoc system, derived from various legal sources, as the governing law system in resolving claims referred to the Tribunal. According to the aforementioned article, the governing law regime consists of requiring the Tribunal to observe international law as the primary source of the governing law, alongside utilizing secondary sources such as commercial custom, contract terms, and changed circumstances. The claims of Article 5 of the Settlement Declaration revolve around the principle of 'respect for the law,' which is international law itself, serving as the core of the Tribunal's governing law system.