Chapter

Standing and Admissibility

GEORGE H. ALDRICH

in The Jurisprudence of the Iran-United States Claims Tribunal

Published in print October 1996 | ISBN: 9780198258056
Published online March 2012 | e-ISBN: 9780191681776 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198258056.003.0003
Standing and Admissibility

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The Claims Settlement Declaration makes no reference either to the ‘standing’ of claimants to present and pursue their claims or to the ‘admissibility’ or ‘non-admissibility’ of claims. Nevertheless, the concepts of standing and admissibility were reflected in a few Awards. In general, the Iran–United States Claims Tribunal ruled that a claimant – or counterclaimant – lacked the standing to present or recover on a claim only when the evidence indicated that the claimant did not ‘own’ the claim, in the sense that any proceeds of the claim rightfully belonged to someone else. With respect to admissibility, the Tribunal’s very few holdings indicate that it considered claims based on penal, tax, or social security laws non-admissible, as well as claims too vague to state a cognizable claim or cause of action.

Keywords: Claims Settlement Declaration; admissibility; Awards; social security; claims

Chapter.  6375 words. 

Subjects: Public International Law

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