مدیرمسوول: دکتر مهدی پیرقلی سردبیر: دکتر معصومه خسروآبادی دبیر تخصصی: دکتر زهرا نجفی راد رئیس گروه زبان انگلیسی: دکتر نسیم جهانشاهی اعضای هیأت تحریریه دکتر حسین فرحی دکتر فاطمه کیهانلو دکتر سعید عباسی دکتر فرزانه سریر دکتر حسین تفضلی
پرونده ایران علیه ایالات متحده آمریکا ـ 3 February 2021
ALLEGED VIOLATIONS OF THE 1955 TREATY OF AMITY, ECONOMIC RELATIONS, AND CONSULAR RIGHTS
خواسته ایران علیه آمریکا
19. In the Application, the following claims were made by Iran: “Iran requests the Court to adjudge, order and declare that:
(a) The USA, through the 8 May and announced further sanctions referred to in the present Application, with respect to Iran, Iranian nationals and companies, has breached its obligations to Iran under Articles IV (1), VII (1), VIII (1), VIII (2), IX (2) and X (1) of the Treaty of Amity;
(b) The USA shall, by means of its own choosing, terminate the 8 May sanctions
without delay;
(c) The USA shall immediately terminate its threats with respect to the announced
further sanctions referred to in the present Application;
(d) The USA shall ensure that no steps shall be taken to circumvent the decision to be given by the Court in the present case and will give a guarantee of non-repetition
of its violations of the Treaty of Amity;
(e) The USA shall fully compensate Iran for the violation of its international legal
obligations in an amount to be determined by the Court at a subsequent stage of
the proceedings. Iran reserves the right to submit and present to the Court in due
course a precise evaluation of the compensation owed by the USA.”
20. In the written proceedings on the merits, the following submissions were presented on behalf of the Government of Iran in its Memorial:
“Iran respectfully requests the Court to adjudge, order and declare that:
(a) The United States, through the measures that were implemented pursuant to or in connection with the U.S. Presidential Memorandum of 8 May 2018 and announced further measures, with respect to Iran, Iranian nationals and companies, has breached its obligations to Iran under Articles IV (1), IV (2), V (1), VII (1),
VIII (1), VIII (2), IX (2), IX (3) and X (1) of the Treaty of Amity;
(b) The United States shall, by means of its own choosing, terminate the measures that were implemented pursuant to or in connection with the U.S. Presidential
Memorandum of 8 May 2018 and announced further measures without delay;
(c) The United States shall immediately terminate its threats with respect to
announced further sanctions;
(d) The United States shall ensure that no steps shall be taken to circumvent the
decision to be given by the Court in the present case and will give a guarantee of
non-repetition of its violations of the Treaty of Amity;
(e) The United States shall fully compensate Iran for the violation of its international
legal obligations in an amount to be determined by the Court at a subsequent stage
of the proceedings. Iran reserves the right to submit and present to the Court in due
course a precise evaluation of the compensation owed by the United States.”
اعتراض آمریکا به خواسته ایران
21. In the preliminary objections, the following submissions were presented on behalf of the Government of the United States:
“[T]he United States requests that the Court:
(a) Dismiss Iran’s claims in their entirety as outside the Court’s jurisdiction.
(b) Dismiss Iran’s claims in their entirety as inadmissible.
(c) Dismiss Iran’s claims in their entirety as precluded by Article XX, paragraph 1 (b) of the Treaty of Amity.
(d) Dismiss Iran’s claims in their entirety as precluded by Article XX, paragraph 1 (d) of the Treaty of Amity.
(e) Dismiss as outside the Court’s jurisdiction all claims, brought under any provision
of the Treaty of Amity, that are predicated on third country measures.”
پاسخ ایران به اعتراض آمریکا
22. In the written statement of its observations and submissions on the preliminary objections, the following submissions were presented on behalf of the Government of Iran:
“Iran respectfully requests that the Court:
(a) reject and dismiss the Preliminary Objections of the United States of America; and
(b) adjudge and declare:
(i) that the Court has jurisdiction over the entirety of the claims presented by
Iran; and
(ii) that Iran’s claims are admissible.”
خلاصه خواسته طرفین
23. At the oral proceedings on the preliminary objections, the following submissions were
presented by the Parties:
On behalf of the Government of the United States, at the hearing of 18 September 2020:
“For the reasons explained during these hearings and any other reasons the Court might deem appropriate, the United States of America requests that the Court uphold the U.S. preliminary objections set forth in its written submission and at this hearing and decline to entertain the case. Specifically, the United States of America requests that the Court:
(a) Dismiss Iran’s claims in their entirety as outside the Court’s jurisdiction.
(b) Dismiss Iran’s claims in their entirety as inadmissible.
(c) Dismiss Iran’s claims in their entirety as precluded by Article XX, paragraph 1 (b)
of the Treaty of Amity.
(d) Dismiss Iran’s claims in their entirety as precluded by Article XX, paragraph 1 (d)
of the Treaty of Amity.
(e) Dismiss as outside the Court’s jurisdiction all claims, brought under any provision of the Treaty of Amity, that are predicated on third country measures.”
On behalf of the Government of Iran,
at the hearing of 21 September 2020:
“The Islamic Republic of Iran respectfully requests that the Court:
(a) reject and dismiss the Preliminary Objections of the United States of America; and
(b) adjudge and declare:
(i) that the Court has jurisdiction over the entirety of the claims presented by
Iran; and
(ii) that Iran’s claims are admissible.”
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