Editor’s Note: Special Issue on the Iran-United States Claims Tribunal | ||
| Iranian Journal of International and Comparative Law | ||
| مقاله 1، دوره 2، شماره 2، اسفند 2024، صفحه 3-5 اصل مقاله (158.96 K) | ||
| شناسه دیجیتال (DOI): 10.22091/ijicl.2024.3487 | ||
| نویسنده | ||
| Mostafa Fazaeli* | ||
| Department of International Law, Law faculty, University of Qom | ||
| چکیده | ||
| The obligation of states to settle international disputes by peaceful means and the prohibition of the threat or use of force in international relations are complementary principles enshrined in the Charter of the United Nations, specifically Articles 2(3) and 2(4). These core norms affirm the role of arbitration as the most important mechanism for the peaceful resolution of disputes and the maintenance of international order. Within this normative framework, the Iran–United States Claims Tribunal stands out for its substantial jurisprudential contributions to investor–state arbitration and the broader field of interstate dispute resolution. The Iran-United States Claims Tribunal is one of the most, if not the most, important institutions in the history of international arbitration, and is considered the longest-running interstate arbitration tribunal in modern times. Established after the 1979 Islamic Revolution, the Tribunal was created to address complex disputes arising from the severance of diplomatic and economic relations between Iran and the United States. Extensive contractual and investment relations between the two countries before the revolution, had led to numerous legal disputes that remained unresolved in the wake of political situation. The seizure of the United States embassy in Tehran exacerbated the crisis and prompted the need for a formal mechanism for dispute resolution. The 1981 Algiers Agreements between Islamic Republic of Iran and the U.S with the mediation of Algeria and the subsequent establishment of the Tribunal demonstrate how the two countries were able to transform a diplomatic impasse into a structured legal process—an early demonstration of the capacity of international law to resolve disputes at the states level. | ||
| کلیدواژهها | ||
| Iran؛ United States؛ Claims Tribunal | ||
| مراجع | ||
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آمار تعداد مشاهده مقاله: 82 تعداد دریافت فایل اصل مقاله: 79 |
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