The Iran–United States Claims Tribunal (IUSCT) is an international arbitral tribunal established by the Algiers Accords, an international agreement between the U.S. and Iran embodied in two Declarations by the Government of the People's Democratic Republic of Algeria issued on 19 January 1981, to resolve the crisis in relations between the two countries arising out of incidents in U.S. embassy in Tehran.[1][2]
Building of the IUSCT in The Hague
Affected by United States’ role in 1953 coup d'état which resulted in overthrown of the first-ever democratically elected government of Mohammad Mossadegh, elements of Iranian society demanded the return of the dethroned Shah and the Iranian assets he had taken with him while fleeing Iran after the 1979 Revolution, which the U.S. refused to comply with. After multiple gatherings outside the U.S. embassy, on 4 November 1979, a group of militarized university students climbed the walls of the building, seized the premises, and took hostage 52 embassy employees working there for 444 days in what is known as the Iran hostage crisis,[3] demanding the return of the Shah in exchange for the hostages. In response to the hostage-taking, U.S.-Iran relations broke down, the U.S. froze billions of dollars of Iranian money, imposed sanctions on transactions with Iran, and authorized judicial confiscation of Iranian assets on U.S. soil.
To settle the dispute, senior Algerian officials brokered rounds of negotiations, calling for the release of the Americans and termination of U.S.’s countermeasures. Negotiations between parties wrapped up as two Declarations were issued, part of which established an arbitral tribunal for the settlement of property and contract claims of Iran and United States against each other. The new tribunal is located in The Hague, Netherlands and has been called “the most significant arbitral body in history”. Its decisions are considered binding for both sides. Mark Feldman.pdf
The IUSCT has been called "the most significant arbitral body in history",[4] and its decisions are considered influential in the areas of investor-state arbitration and state responsibility.[5]
Both Iran and the U.S. adhered to the final accord. U.S. President Ronald Reagan, who took office the day after the Algiers Accords, affirmed the agreement, and the U.S. Supreme Court upheld its constitutionality in Dames & Moore v. Regan.[6] The Tribunal held its first meeting in the Peace Palace on July 1, 1981, moving to its own premises in The Hague the following year. The Tribunal closed to new claims by private individuals on 19 January 1982, one year after it was established. It received over 4,700 claims and ordered payments totaling over US$3.5 billion; around US$2.5 billion by Iran to U.S. nationals and more than US$1 billion by the U.S. to Iran. [7][8]
As of 2014[update], all private claims had been resolved, while several intergovernmental claims are still pending.[9][10]
Jurisdiction and procedureedit
The Tribunal consists of nine members, three appointed by Iran, three by the U.S., and three from third-party countries that are appointed by the other six members. Claims are decided by one of the three Chambers of the Tribunal or by the Full Tribunal if it concerns disputes between the two governments or important questions referred to it by the Chambers. The Tribunal operates largely in accordance with the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL), albeit with some modifications. Pursuant to the Claims Agreement, the Tribunal has jurisdiction to decide:
Claims of U.S. nationals against Iran and of Iranian nationals against the U.S. that arise from debts, contracts, and other measures affecting property rights;
Certain "official claims" between the U.S. and Iranian governments relating to the purchase and sale of goods and services;
Disputes between Iran and the U.S. concerning the interpretation or performance of the Algiers Declarations.
^"1. DECLARATION OF THE GOVERNMENT OF THE DEMOCRATIC AND POPULAR REPUBLIC OF ALGERIA (General Declaration)" (PDF). iusct.net. 19 January 1981.
^"2. DECLARATION OF THE GOVERNMENT OF THE DEMOCRATIC AND POPULAR REPUBLIC OF ALGERIA CONCERNING THE SETTLEMENT OF CLAIMS BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF IRAN (Claims Settlement Declaration)" (PDF). iusct.net. 19 January 1981.
^"The Hostage Crisis, 30 Years On". FRONTLINE - Tehran Bureau. Retrieved 2024-03-19.
^Bjork, Charles. "Guides: International Investment Law Research Guide: Iran-United States Claims Tribunal". guides.ll.georgetown.edu. Retrieved 2019-06-20.
Symposium on the Settlement with Iran, March 6–7, 1981, Lawyer of the Americas, U Miami J. Int'l Law (Special Issue, Spring 1981).
External linksedit
Official website
April 13, 2024
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Not to be confused with Iran Tribunal This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages This article may require copy editing for grammar and tone You can assist by editing it March 2024 Learn how and when to remove this template message This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Iran United States Claims Tribunal news newspapers books scholar JSTOR March 2024 Learn how and when to remove this template message Learn how and when to remove this template message The Iran United States Claims Tribunal IUSCT is an international arbitral tribunal established by the Algiers Accords an international agreement between the U S and Iran embodied in two Declarations by the Government of the People s Democratic Republic of Algeria issued on 19 January 1981 to resolve the crisis in relations between the two countries arising out of incidents in U S embassy in Tehran 1 2 Building of the IUSCT in The HagueAffected by United States role in 1953 coup d etat which resulted in overthrown of the first ever democratically elected government of Mohammad Mossadegh elements of Iranian society demanded the return of the dethroned Shah and the Iranian assets he had taken with him while fleeing Iran after the 1979 Revolution which the U S refused to comply with After multiple gatherings outside the U S embassy on 4 November 1979 a group of militarized university students climbed the walls of the building seized the premises and took hostage 52 embassy employees working there for 444 days in what is known as the Iran hostage crisis 3 demanding the return of the Shah in exchange for the hostages In response to the hostage taking U S Iran relations broke down the U S froze billions of dollars of Iranian money imposed sanctions on transactions with Iran and authorized judicial confiscation of Iranian assets on U S soil To settle the dispute senior Algerian officials brokered rounds of negotiations calling for the release of the Americans and termination of U S s countermeasures Negotiations between parties wrapped up as two Declarations were issued part of which established an arbitral tribunal for the settlement of property and contract claims of Iran and United States against each other The new tribunal is located in The Hague Netherlands and has been called the most significant arbitral body in history Its decisions are considered binding for both sides Mark Feldman pdfThe IUSCT has been called the most significant arbitral body in history 4 and its decisions are considered influential in the areas of investor state arbitration and state responsibility 5 Contents 1 History 2 Jurisdiction and procedure 3 Personnel 3 1 Judges 4 References 5 Further reading 6 External linksHistory editBoth Iran and the U S adhered to the final accord U S President Ronald Reagan who took office the day after the Algiers Accords affirmed the agreement and the U S Supreme Court upheld its constitutionality in Dames amp Moore v Regan 6 The Tribunal held its first meeting in the Peace Palace on July 1 1981 moving to its own premises in The Hague the following year The Tribunal closed to new claims by private individuals on 19 January 1982 one year after it was established It received over 4 700 claims and ordered payments totaling over US 3 5 billion around US 2 5 billion by Iran to U S nationals and more than US 1 billion by the U S to Iran 7 8 As of 2014 update all private claims had been resolved while several intergovernmental claims are still pending 9 10 Jurisdiction and procedure editThe Tribunal consists of nine members three appointed by Iran three by the U S and three from third party countries that are appointed by the other six members Claims are decided by one of the three Chambers of the Tribunal or by the Full Tribunal if it concerns disputes between the two governments or important questions referred to it by the Chambers The Tribunal operates largely in accordance with the arbitration rules of the United Nations Commission on International Trade Law UNCITRAL albeit with some modifications Pursuant to the Claims Agreement the Tribunal has jurisdiction to decide Claims of U S nationals against Iran and of Iranian nationals against the U S that arise from debts contracts and other measures affecting property rights Certain official claims between the U S and Iranian governments relating to the purchase and sale of goods and services Disputes between Iran and the U S concerning the interpretation or performance of the Algiers Declarations Personnel editJudges edit nbsp Rosemary Barkett nbsp O Thomas Johnson nbsp Christopher Greenwood nbsp H R Nikbakht Fini nbsp Seyed Jamal Seifi nbsp M H Abedian Kalkhoran nbsp Herbert Kronke nbsp Bruno Simma nbsp Nicolas Michel President References edit 1 DECLARATION OF THE GOVERNMENT OF THE DEMOCRATIC AND POPULAR REPUBLIC OF ALGERIA General Declaration PDF iusct net 19 January 1981 2 DECLARATION OF THE GOVERNMENT OF THE DEMOCRATIC AND POPULAR REPUBLIC OF ALGERIA CONCERNING THE SETTLEMENT OF CLAIMS BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF IRAN Claims Settlement Declaration PDF iusct net 19 January 1981 The Hostage Crisis 30 Years On FRONTLINE Tehran Bureau Retrieved 2024 03 19 David D Caron The Nature of the Iran United States Claims Tribunal and the Evolving Structure of International Dispute Resolution University of California at Berkeley 1990 https scholarship law berkeley edu cgi viewcontent cgi article 2925 amp context facpubs Bjork Charles Guides International Investment Law Research Guide Iran United States Claims Tribunal guides ll georgetown edu Retrieved 2019 06 20 Dames amp Moore v Regan 453 U S 654 1981 NNews www iusct net Retrieved 2019 06 20 Iran U S Claims Tribunal United States Department of State Retrieved 2021 07 13 Contact Us www iusct net Iran U S Claims Tribunal US State Dept Further reading editAmerican Hostages In Iran The Conduct of a Crisis Yale 1985 Revolutionary Days The Iran Hostage Crisis and the Hague Claims Tribunal A Look Back Juris 1996 Mark B Feldman Foreign Affairs Oral History Collection Association for Diplomatic Studies and Training https adst org OH 20TOCs Feldman Mark pdf Symposium on the Settlement with Iran March 6 7 1981 Lawyer of the Americas U Miami J Int l Law Special Issue Spring 1981 External links editOfficial website Retrieved from https en wikipedia org w index php title Iran United States Claims Tribunal amp oldid 1214466901, wikipedia, wiki, book, books, library,
