Short, Claimant v. The Islamic Republic of Iran, Respondent

Abstract

Aliens — Expulsion — Discretion of host State to order expulsion of alien from its territory — Limits of discretion — Minimum international standards — Departure of United States citizens from Iran during Iranian Revolution — Whether voluntary — Constructive expulsion — Whether series of anti-American actions should be treated as raising presumption of constructive expulsion

Governments — Revolution — Iran — Whether new government responsible for acts carried out by supporters during revolution — Whether new government assumes responsibility for acts of former government — Whether period during which former government had lost control but new government not yet in power — Identity of organs of government following revolution — Status of Ayatollah Khomeini — Agents of government — Revolutionary Guards

International tribunals — Iran-United States Claims Tribunal — Jurisdiction — Claims regarding property — Expulsion of alien from Iran — Whether liable to affect property rights — Whether claim in respect of expulsion within jurisdiction of Tribunal — Procedure — Interim award — Request by United States for interim award regarding expulsions of United States citizens from Iran — Decision that interim award inappropriate — Each case to be judged on individual circumstances

State responsibility — Imputability to the State of acts of groups not formally recognized — Iranian Revolutionary Guards — Status during early period of Iranian Revolution — Whether Revolutionary Guards to be treated as agents of State — Expulsion of United States citizen by Revolutionary Guards — Effect of pronouncements by members of government — Whether leading to attacks on United States citizens and their property — Whether sufficient to make acts of private individuals imputable to State — The law of the Iran-United States Claims Tribunal