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The Case before the Full Tribunal

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Chapter Summary

Of all the Cases litigated before the Full Tribunal, and those include Cases in which giant multi-national oil companies sued Iran for hundreds of millions of dollars, none was so hotly and passionately contested as this interpretative Case between the two States. The United States, argued primarily that under the terms of the Algerian Declarations, any individual with the nationality of both Iran and the United States was entitled to assert claims against either of the two States. The object and purpose of the Algerian Declarations was not to afford diplomatic protection in the normal sense, but to ‘resolve a crisis’ in the relations between the two countries. The Tribunal concluded that the pertinent rule of international law which pursuant to Article 31(3)(c) of the Vienna Convention could be taken into account for the interpretation of the Algerian Declarations was the rule of ‘real and effective’ nationality.

Keywords: Algerian Declarations; customary international law; Full Tribunal; Iran; United States; Vienna Convention



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