Chapter

Separate Opinion of Judge Higgins Oil Platforms (Islamic Republic of Iran v United States of America), Judgment

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0093
Separate Opinion of Judge Higgins Oil Platforms (Islamic Republic of Iran v United States of America), Judgment

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In its final submissions, Iran asked the International Court of Justice to find that the military action by the United States against the oil platforms referred to in its application constituted a violation of Article X, paragraph 1, of the Treaty of Amity. Neither Article XX of the Iran–United States Treaty nor Article XXI of the Nicaragua–United States Treaty appear to be a derogation clause in the normally understood sense of that term. The application of Iran of November 1992 instituting proceedings in this case asked the Court for a judgment on five points. This chapter gives an opinion on the case.

Keywords: International Court of Justice; United States; Iran; oil platforms; Treaty of Amity; derogation; jurisdiction; breaches; obligations; remedies

Chapter.  6762 words. 

Subjects: Public International Law

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