Analysis of the International Court of Justice's Reasoning Approach to Uphold the United States of America's Second Preliminary Objection in the Case of

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ABDOLLAHI MOHSEN; ANSARI NARGES

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Journal: Legal Research Year:2022 | Volume:24 | Issue:96 Page(s): 163-186

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Information Journal Paper

Title

Analysis of the International Court of Justice's Reasoning Approach to Uphold the United States of America's Second Preliminary Objection in the Case of "Certain Iranian Assets"

Author(s)

ABDOLLAHI MOHSEN | ANSARI NARGES | Issue Writer Certificate

Keywords

Iranian Assets Case

Treaty of Amity

Rule of State Immunity

Analogy

deduction

Abstract

Regarding “, Certain Iranian Asset”,case, International Court of Justice, faced with five preliminary objections with respect to the jurisdiction of ICJ and admissibility of the case which were raised by Respondent. As the second preliminary objection, the United States requested the Court to dismiss as outside the Court’, s jurisdiction all claims, brought under the sovereign immunity as a customary international law. Iran relied on Article IV (2), Article X (1) and Article XI (4) of Treaty of Amity to support its claim. However ICJ upheld the second objection of USA based on its interpretation in accordance with the Treaty’, s object and purpose and also its finding in “, Immunities and Criminal Proceedings Case”,and “, Oil Platforms Case”, . In contrary to ICJ’, s opinion, a logic relationship can be seen between the object and the purpose of Treaty and the provisions which have been mentioned by Iran. Such conclusion could be reached by Analogy and deductive method as well as analysis of separate opinion of judges.

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APA: Copy

ABDOLLAHI, MOHSEN, & ANSARI, NARGES. (2022). Analysis of the International Court of Justice's Reasoning Approach to Uphold the United States of America's Second Preliminary Objection in the Case of "Certain Iranian Assets". REVUE DE RECHERCHE JURIDIQUE, 24(96 ), 163-186. SID. https://sid.ir/paper/1063664/en

Vancouver: Copy

ABDOLLAHI MOHSEN, ANSARI NARGES. Analysis of the International Court of Justice's Reasoning Approach to Uphold the United States of America's Second Preliminary Objection in the Case of "Certain Iranian Assets". REVUE DE RECHERCHE JURIDIQUE[Internet]. 2022;24(96 ):163-186. Available from: https://sid.ir/paper/1063664/en

IEEE: Copy

MOHSEN ABDOLLAHI, and NARGES ANSARI, “Analysis of the International Court of Justice's Reasoning Approach to Uphold the United States of America's Second Preliminary Objection in the Case of "Certain Iranian Assets",” REVUE DE RECHERCHE JURIDIQUE, vol. 24, no. 96 , pp. 163–186, 2022, [Online]. Available: https://sid.ir/paper/1063664/en

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