Chapter

Treaty Interpretation

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/9780198258056.003.0009
Treaty Interpretation

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It is generally acknowledged that the Vienna Convention on the Law of Treaties of May 23, 1969 codified the relevant law. Despite this definitive guidance, when the Iran–United States Claims Tribunal first faced a question of treaty interpretation, it made no reference whatsoever to the Vienna Convention. The issue in that case was whether the Algiers Declarations gave the Tribunal jurisdiction over claims by the Government of Iran against nationals of the United States. Iran had asked the Tribunal to interpret the Declarations and had contended that the provisions of General Principle B of the General Declaration expressing ‘the purpose of both parties…to terminate all litigation as between the government of each party and the nationals of the other’ indicated that such jurisdiction existed despite the fact that the Claims Settlement Declaration, in Article 2, specified the jurisdiction of the Tribunal in a way that clearly excluded such jurisdiction.

Keywords: Vienna Convention; treaty interpretation; Algiers Declarations; Claims Settlement; jurisdiction

Chapter.  8163 words. 

Subjects: Public International Law

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