Chapter

Choice of Law

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/9780198258056.003.0005
Choice of Law

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Article 5 of the Claims Settlement Declaration provided the Iran–United States Claims Tribunal with broad discretion in its choices of applicable law. Consequently, it is impossible to define any coherent set of choice of law rules followed by the Tribunal, but there are a few general conclusions that appear to flow from the Tribunal’s practice. Firstly, it is clear that the Tribunal relished the freedom given it by Article 5. Secondly, many of the largest claims before the Tribunal were claims for compensation for properties expropriated by Iran. Thirdly, the references in Article 5 of the Claims Settlement Declaration were used frequently by the Tribunal to justify resort to ‘general principles of law’. Fourthly, whenever the Tribunal could find relevant rules of public international law, it tended to turn to them. Finally, the Tribunal consistently refused to consider itself bound by any national rules of evidence.

Keywords: Article 5; Claims Settlement Declaration; law; claims; evidence; compensation

Chapter.  7458 words. 

Subjects: Public International Law

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