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Islamic Republic of Iran v. United States of America

Published online by Cambridge University Press:  27 February 2017

Monroe Leigh
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Abstract

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Type
Judicial Decisions
Information
American Journal of International Law , Volume 81 , Issue 2 , April 1987 , pp. 428 - 431
Copyright
Copyright © American Society of International Law 1987

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References

1 For background information on the Accords, see 77 AJIL 642 (1983).

2 General Principle A of the Declaration of the Government of the Democratic and Popular Republic of Algeria (General Declaration) provides as follows:

Within the framework of and pursuant to the provisions of the two Declarations of the Government of the Democratic and Popular Republic of Algeria, the United States will restore the financial position of Iran, in so far as possible, to that which existed prior to November 14, 1979.1n this context, the United States commits itself to ensure the mobility and free transfer of all Iranian assets within its jurisdiction, as set forth in Paragraphs 4–9.

For the General Declaration, see 75 AJIL 418 (1981).

3 AWD 63-A-15-(I:G)-FT, slip op. at 8 (quoting General Declaration, supra note 2, para. 17).

4 Slip op. at 10–11.

5 Id. at 11.

6 Id.

7 Id. at 12.

8 Id. at 26.

9 Id.

10 Id. at 31.

11 Id. at 33.

12 AWD 63-A-15-(I:G)-FT (1986), Dissenting Opinion of Arbitrators Holtzmann, Aldrich, and Brower, at 6.

13 Id. at 2 (emphasis in original).

14 Iran v. United States, AWD 12-A-1-FT (Aug. 3, 1982) (Full Tribunal).

15 The Tribunal had noted the provisions relating to the other two accounts, but had rejected them by relying on the legal maxim expressio unius est exclusio alterius. Slip op. at 27.