Legal Consequences of US International Responsibility for the Violation of Treaty of Amity

Document Type : Original Article

Author

Prof. of International Law, Department of Law, Faculty of Humanities, Bu-Ali Sina University, Hamedan, Iran.

10.22091/ijicl.2024.9785.1073

Abstract

The term “legal consequences of international responsibility” covers the new legal relations which arise under international law by reason of the internationally wrongful act of a State. In this connection, three types of obligations can be mentioned. Duty to perform the obligation breached; to cease the wrongful conduct and to make full reparation for the injury caused are three legal consequences of international responsibility. In the Certain Iranian Assets case, ICJ has found that US has breached Articles III paragraph 1, IV paragraph 1 and 2, and article X paragraph 1of the Treaty of Amity. The main question of this article is what are the legal consequences of the US internationally responsibility? In this article, we examine the legal consequences of the US international responsibility in the light of ILC Articles on State Responsibility and the case-law of the court. The investigation of this research is analytical-descriptive and the method of collecting information is library. In the Certain Iranian Assets case, ICJ found that Due to the fact that the Treaty of Amity no longer creates obligations for the parties from October 3, 2019, therefore, US has not obligation to perform its duties under the treaty of Amity and it is not obliged to cease the wrongful conduct. The court only ruled that US should make reparation for the injury caused. The most important finding of this article is that the court will reach similar results in the case of Alleged Violations of the 1955 Treaty of Amity.

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Articles in Press, Accepted Manuscript
Available Online from 26 February 2024
  • Receive Date: 18 August 2023
  • Revise Date: 16 February 2024
  • Accept Date: 26 February 2024