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The Jurisprudence of the Iran-United States Claims Tribunal$
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George H. Aldrich

Print publication date: 1996

Print ISBN-13: 9780198258056

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198258056.001.0001

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Treaty Interpretation

Treaty Interpretation

(p.360) 8 Treaty Interpretation
The Jurisprudence of the Iran-United States Claims Tribunal


Oxford University Press

It is generally acknowledged that the Vienna Convention on the Law of Treaties of May 23, 1969 codified the relevant law. Despite this definitive guidance, when the Iran–United States Claims Tribunal first faced a question of treaty interpretation, it made no reference whatsoever to the Vienna Convention. The issue in that case was whether the Algiers Declarations gave the Tribunal jurisdiction over claims by the Government of Iran against nationals of the United States. Iran had asked the Tribunal to interpret the Declarations and had contended that the provisions of General Principle B of the General Declaration expressing ‘the purpose of both parties…to terminate all litigation as between the government of each party and the nationals of the other’ indicated that such jurisdiction existed despite the fact that the Claims Settlement Declaration, in Article 2, specified the jurisdiction of the Tribunal in a way that clearly excluded such jurisdiction.

Keywords:   Vienna Convention, treaty interpretation, Algiers Declarations, Claims Settlement, jurisdiction

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