The Iran-United States claims tribunal

書誌事項

The Iran-United States claims tribunal

Charles N. Brower, Jason D. Brueschke

Kluwer, 1998

大学図書館所蔵 件 / 12

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注記

Includes bibliographical references (p. [763]-871) and index

内容説明・目次

内容説明

The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. The Iran-United States Claims Tribunal was awarded the ASIL Certificate of Merit.

目次

Preface. Part I: The Establishment of the Iran-United States Claims Tribunal. 1. The Genesis, Structure, Organization and Nature of the Tribunal. 2. The Jurisdiction of the Tribunal. Part II: Contributions of the Iran-United States Claims Tribunal to International Arbitration. 3. Arbitrators - Panel Composition and Failure to Act. 4. The Appointing Authority and Challenges. 5. Evidentiary Considerations. 6. Interim Measures of Protection. 7. Reconsideration and Reopening of Awards. Part III: Contributions of the Iran-United States Claims Tribunal to Public International Law. 8. Treaty Interpretation. 9. Claims of Dual Nationals. 10. Exchange Controls. 11. Wrongful Expulsion. Part IV: The Contributions of the Iran-United States Claims Tribunal to the Concepts of Liability and Compensation in Takings Doctrine. 12. Actions Engaging State Responsibility for Expropriation and Other Measures Affecting Property Rights. 13. Responsibility of a Government for Takings. 14. The Standard of Compensation. 15. Deriving a Quantum of Compensation from the Standard of Compensation. 16. Value of Expropriated Business Entities. 17. Valuation of Tangible Property. Part V: Concluding Chapters. 18. The Tribunal's Practice of Awarding Interest. 19. The Tribunal's Jurisprudence as a Source of Public International Law. 20. Summing Up the Tribunal. Appendix A: The Algiers Accords. Appendix B: Tribunal Rules of Procedure. Appendix C: List of Publications on the Tribunal. Table of Tribunal Cases Cited. Index.

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