چکیده:
After the U.S withdrawal from Joint Comprehensive Plan of Action (JCPA) and re-imposition of sanctions, Iran filed its application in ICJ with regard to claims for damages arising from violation of Treaty of Amity and re-imposition of sanctions, and indications of provisional measures. By indicating such measures, ICJ orders the U.S to lift sanctions against Iran and meanwhile the U.S declared its withdrawal from Treaty of Amity. In this paper, we examined the legal effects of the U.S withdrawal from Treaty of Amity and its impact on proceedings in ICJ using a descriptive-analytical method. Research findings show that Iran and its individual subjects could request the U.S to be bound by obligations associated with Treaty of Amity by the time it is in force and termination of the Treaty does not preclude claims for damages from violation of its obligations. Additionally, Iran has the right to require performance of duties arising from provisional measures and claim for compensation due to violating it in ICJ.
خلاصه ماشینی:
1007/978-3-662-55160-8_74 Conclusion and Recommendation The examination of the provisions of the Treaty of Amity and the withdrawal of the United States from it, the actions of this country in reinstating sanctions and withdrawing from the JCPOA, and also the study of general rules for withdrawing from treaties shows that, on one hand, as long as the Treaty of Amity has legal validity, the Government of Iran, as a party to the treaty, and Iranian natural and legal persons, as third-party beneficiaries of this treaty, have the right to demand the implementation of the obligations set forth in the Treaty of Amity, as the case may be, in the domestic courts of the United States and the International Court of Justice, and to initiate lawsuits to compensate for damages resulting from the violation of those obligations.
Following Iran's complaint against the United States of America, the International Court of Justice, on October 3, 2018 (11 Mehr 1397 SH), unanimously issued its provisional measures and, in doing so, while establishing its jurisdiction to adjudicate this case and stating that the issued order there will be no obstacle; because such persons, whether they are considered parties to the treaty by virtue of being nationals of the Government of Iran, or whether a right has been created in their favor as third parties, in any case, are beneficiaries in filing a lawsuit and can enforce and demand the rights created arising from the Treaty of Amity and request damages resulting from their breach.
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