Establishment of the jurisdiction of the International Court of Justice, by studying previous lawsuits between Iran and the United States of AmericaFaramarz Yadegarian2022-11-21T12:36:28+03:30
Journal: Iranian Review of Foreign Affairs, Volume 12 (2021), Issue 34
After the unilateral sanctions of the United States rooted in the aftermath of the nuclear deal, Iran decided to sue the United States at the International Court of Justice (ICJ) based on the 1955 Treaty of Amity, Economic Relations and Consular Rights. Once a Provisional Measures was rendered in this lawsuit, the United States decided to exit the treaty that was the basis of Iran’s claim, also objecting to the jurisdiction of the ICJ to head the case. A review of previous lawsuits between US and Iran at the ICJ, all of which being based on the same treaty, and in view of the ICJ’s practice of emphasizing and reaffirming its previous decisions and orders, and also by revisiting another similar case related to military operations against Nicaragua in 1984, and by considering article 10 of the treaty of amity covering the principle of free trade and the ICJ’s opinion about illegitimacy of full-scale economic sanctions based on national security and also countless cases of violating international treaties and accords by the US demonstrate and establish that the ICJ has both jurisdiction and substantive competence to hear the case in question.
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