The Iran-United States Tribunal’s Approach to Interpreting Paragraph 9 of the Algerian General Declaration: Lessons for the Future
Under Paragraph 9 of the “Declaration of the Government of the Democratic and Popular Republic of Algeria” (or the General Declaration) the US undertook to transfer Iranian properties to Iran. The Iran-United States Tribunal interpreted this paragraph of the Declaration in Partial verdicts Nos. 529,...
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Tarbiat Modares University
2025-04-01
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| Series: | پژوهش های حقوق تطبیقی |
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| Online Access: | http://clr.modares.ac.ir/article-20-78652-en.pdf |
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| author | Khalil Rouzegari Aghbolagh Abdollah Abedini Mojtaba Asgharian |
| author_facet | Khalil Rouzegari Aghbolagh Abdollah Abedini Mojtaba Asgharian |
| author_sort | Khalil Rouzegari Aghbolagh |
| collection | DOAJ |
| description | Under Paragraph 9 of the “Declaration of the Government of the Democratic and Popular Republic of Algeria” (or the General Declaration) the US undertook to transfer Iranian properties to Iran. The Iran-United States Tribunal interpreted this paragraph of the Declaration in Partial verdicts Nos. 529, 601, 604, and 382. Generally speaking, the Tribunal interpreted the term “Iranian property” in Partial verdicts Nos. 529, 601, and 604 as tangible properties solely owned by Iran. To determine the ownership criterion, the Court considered the United States Uniform Commercial Code as the standard of practice, according to which the transfer of ownership as a general rule is subject to the delivery of the subject matter of the transaction to the buyer or customer. With this interpretation, the Court stated in Partial verdict No. 604 in many cases that due to the failure to transfer ownership of the disputed properties to Iran, the United States' obligation to transfer them to Iran was not enforceable. Given the thematic similarity of Case B-61 with Case A-15 (Two: A), the second stage of which requires the issuance of an verdict, assuming the applicability of the findings of partial verdict No. 604 in making a decision in Case B-61, the answer to this question becomes important: what arrangement can be considered to prevent this? |
| format | Article |
| id | doaj-art-432e3949bfb84c0692ee80cada9562ee |
| institution | DOAJ |
| issn | 2251-6751 2476-6801 |
| language | fas |
| publishDate | 2025-04-01 |
| publisher | Tarbiat Modares University |
| record_format | Article |
| series | پژوهش های حقوق تطبیقی |
| spelling | doaj-art-432e3949bfb84c0692ee80cada9562ee2025-08-20T03:17:23ZfasTarbiat Modares Universityپژوهش های حقوق تطبیقی2251-67512476-68012025-04-01291172206The Iran-United States Tribunal’s Approach to Interpreting Paragraph 9 of the Algerian General Declaration: Lessons for the FutureKhalil Rouzegari Aghbolagh0Abdollah Abedini1Mojtaba Asgharian2 Ph. D. in Public International Law, University Lecturer and Researcher in International Law, Tehran, Iran Assistant Professor in International Law, Institute for Research and Development of Humanities (SAMT), Tehran, Iran Assistant Professor in International Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran Under Paragraph 9 of the “Declaration of the Government of the Democratic and Popular Republic of Algeria” (or the General Declaration) the US undertook to transfer Iranian properties to Iran. The Iran-United States Tribunal interpreted this paragraph of the Declaration in Partial verdicts Nos. 529, 601, 604, and 382. Generally speaking, the Tribunal interpreted the term “Iranian property” in Partial verdicts Nos. 529, 601, and 604 as tangible properties solely owned by Iran. To determine the ownership criterion, the Court considered the United States Uniform Commercial Code as the standard of practice, according to which the transfer of ownership as a general rule is subject to the delivery of the subject matter of the transaction to the buyer or customer. With this interpretation, the Court stated in Partial verdict No. 604 in many cases that due to the failure to transfer ownership of the disputed properties to Iran, the United States' obligation to transfer them to Iran was not enforceable. Given the thematic similarity of Case B-61 with Case A-15 (Two: A), the second stage of which requires the issuance of an verdict, assuming the applicability of the findings of partial verdict No. 604 in making a decision in Case B-61, the answer to this question becomes important: what arrangement can be considered to prevent this?http://clr.modares.ac.ir/article-20-78652-en.pdfmilitary purchasescase b 61case a 15 (2: a)case b 1 (claim 4)iranian properties |
| spellingShingle | Khalil Rouzegari Aghbolagh Abdollah Abedini Mojtaba Asgharian The Iran-United States Tribunal’s Approach to Interpreting Paragraph 9 of the Algerian General Declaration: Lessons for the Future پژوهش های حقوق تطبیقی military purchases case b 61 case a 15 (2: a) case b 1 (claim 4) iranian properties |
| title | The Iran-United States Tribunal’s Approach to Interpreting Paragraph 9 of the Algerian General Declaration: Lessons for the Future |
| title_full | The Iran-United States Tribunal’s Approach to Interpreting Paragraph 9 of the Algerian General Declaration: Lessons for the Future |
| title_fullStr | The Iran-United States Tribunal’s Approach to Interpreting Paragraph 9 of the Algerian General Declaration: Lessons for the Future |
| title_full_unstemmed | The Iran-United States Tribunal’s Approach to Interpreting Paragraph 9 of the Algerian General Declaration: Lessons for the Future |
| title_short | The Iran-United States Tribunal’s Approach to Interpreting Paragraph 9 of the Algerian General Declaration: Lessons for the Future |
| title_sort | iran united states tribunal s approach to interpreting paragraph 9 of the algerian general declaration lessons for the future |
| topic | military purchases case b 61 case a 15 (2: a) case b 1 (claim 4) iranian properties |
| url | http://clr.modares.ac.ir/article-20-78652-en.pdf |
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