The Role of Iran-US Claims Tribunal in Development of Law of International Responsibility of States

Document Type : Original Article

Authors

1 Professor of International Law, Faculty of Law and Political Sciences, Allameh Tabatabae'i University

2 International Law Ph.D. Candidate, Faculty of Law and Political Sciences, Allameh Tabatabae'i University

10.22091/ijicl.2025.12304.1134

Abstract

Although the Iran-US claims tribunal came into existence in 1981 solely as an arbitration institution to resolve disputes between the governments of Iran and the United States or their nationals against those governments, due to the important mission entrusted to it, it has been able to play a significant role in the development of international law in general and the development of the law of international responsibility of states in specific. In the absence of an international convention that has defined the principles and rules of international State responsibility, the tribunal, relying on judicial decisions and international arbitration, and citing the draft currently being completed by the United Nations International Law Commission on the Responsibility of States for Internationally Wrongful Acts, in the areas of the structure and functioning of the State, attribution, illegal expulsion, nationalization, confiscation and seizure of property, standards of compensation, State succession in an internationally wrongful act, etc., has endeavored to establish the customary nature of these rules in customary international law and to remove the ambiguity from the face of those rules.

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Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 19 March 2025

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