Project Description

Examining the Role of the 1955 Treaty of Amity in the Legal Confrontation between Iran and the United States

Authors: Faramarz Yadegarian (corresponding author), Dr. Amir Hossein Molkizadeh. First international conference on law, political science, Islamic politics and Islamic jurisprudence. winter 2024.

Abstract:

So far, five cases have been registered with the International Court of Justice regarding the dispute between Iran and the United States. The foundation of all these complaints has been the Treaty of Amity, Economic Relations, and Consular Rights of 1955. In the two recent cases, Iran has been the plaintiff, and the United States has been the defendant. The primary subject matter of these two cases is related to the seizure and confiscation of Iranian assets and the unilateral sanctions imposed by the United States against Iran. In one of these two cases, namely the case of Certain Iranian assets, a final judgment was issued on 30 March 2023. Some portions of the judgment have supported Iran’s claims, while others have favored the United States.

The purpose of this article is to examine the role of the Treaty of Amity of 1955 in these disputes, analyze the findings of the court, and the arguments presented. It aims to explore the objections raised by the United States to Iran’s claims, Iran’s responses to these objections, and provide a brief overview of the court’s approach in similar cases. Furthermore, it seeks to ascertain which party in the remaining case, namely the treaty violation case, will prevail, and to determine which country will receive a favorable final judgment. The research methodology employed in this article is a comprehensive analytical approach, drawing insights from primary sources such as the court’s opinions, other documents, records, and international laws.

Keywords:

Treaty of Amity Economic Relations and Consular Rights of 1955 – Certain Iranian Assets Case – Case of Violation of the Treaty of Amity 1955 – Jurisdiction of the International Court of Justice.