Canada's International Responsibility for Violating Iran's State Immunity Due to the Seizure of Iran's Bank Accounts and Sale of Iran's Property to Enforce the Judgments of American Courts

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BAZZAR VAHID

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Journal Paper

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Journal: INTERNATIONAL LAW REVIEW Year:2021 | Volume:- | Issue:63 Page(s): 265-282

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Information Journal Paper

Title

Canada's International Responsibility for Violating Iran's State Immunity Due to the Seizure of Iran's Bank Accounts and Sale of Iran's Property to Enforce the Judgments of American Courts

Author(s)

BAZZAR VAHID | Issue Writer Certificate

Keywords

CanadaQ2

IranQ2

ImmunityQ2

TerrorismQ2

responsibilityQ1

International Court of JusticeQ2

Abstract

In October 2019, the Ontario Superior Court of Justice decided the seizure of Iran’ s bank accounts and the sale of Iran’ s property in Canadian territory to execute the US Court judgments in the so-called Terrorism cases. Canada has violated Iran’ s jurisdictional Immunity by enacting Justice for Victims of Terrorism Act (2012), and violated Iran’ s enforcement/(or) executive Immunity by executing US Court judgments, and has thus engaged Canada’ s international responsibility. Iran can institute proceedings against Canada in the International Court of Justice by issuing a declaration of the acceptance of the Court’ s compulsory jurisdiction, and it does not appear to be difficult to prove the wrongfulness of Canada’ s action in the merits, given the ICJ Judgment in the Jurisdictional Immunities of the State (2012). In addition to the possibility of US entry to the (or) US intervention in the case as a third party and raising multiple claims, and the possibility of a counterclaim, there will also be threats to Iran due to the declaration of the acceptance of the Court’ s compulsory jurisdiction and it is likely to trigger some claims against Iran within the scope of that declaration.

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APA: Copy

BAZZAR, VAHID. (2021). Canada's International Responsibility for Violating Iran's State Immunity Due to the Seizure of Iran's Bank Accounts and Sale of Iran's Property to Enforce the Judgments of American Courts. INTERNATIONAL LAW REVIEW, -(63 ), 265-282. SID. https://sid.ir/paper/390616/en

Vancouver: Copy

BAZZAR VAHID. Canada's International Responsibility for Violating Iran's State Immunity Due to the Seizure of Iran's Bank Accounts and Sale of Iran's Property to Enforce the Judgments of American Courts. INTERNATIONAL LAW REVIEW[Internet]. 2021;-(63 ):265-282. Available from: https://sid.ir/paper/390616/en

IEEE: Copy

VAHID BAZZAR, “Canada's International Responsibility for Violating Iran's State Immunity Due to the Seizure of Iran's Bank Accounts and Sale of Iran's Property to Enforce the Judgments of American Courts,” INTERNATIONAL LAW REVIEW, vol. -, no. 63 , pp. 265–282, 2021, [Online]. Available: https://sid.ir/paper/390616/en

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