Chapter

Expropriations, Takings, and Deprivations of Property

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/9780198258056.003.0006
Expropriations, Takings, and Deprivations of Property

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The Islamic Revolution that toppled the Shah of Iran and, in February 1979, saw the formation of the Islamic Republic gave rise to the expropriation claims presented to the Iran–United States Claims Tribunal. In those circumstances, various actions by the new Iranian authorities affected adversely the property interests of many Americans. It should also be noted that, by the time the first claims for expropriation or other takings of property began to be decided by the Tribunal in late 1983, the interference with property rights had endured for at least three years or more. Consequently, the often difficult question of when allegedly temporary interference with the rights of property owners should be considered to have ripened into a compensable taking or deprivation of those rights rarely troubled the Iran–United States Claims Tribunal. This chapter examines the Tribunal’s Decisions by drawing together holdings in different cases on the same or similar issues.

Keywords: Islamic Revolution; expropriation; property rights; claims; deprivation; Decisions; taking

Chapter.  55643 words. 

Subjects: Public International Law

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