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Treaty, Custom And Time: Interpretation/Application?

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Chapter Summary

This paper considers the decision rendered in the Oil Platforms case, and explores how it and how Article 31(3)(c) have been received by courts and tribunals in the time since the judgment. The case originated from the November 1992 application by the Islamic Republic of Iran to the International Court of Justice instituting proceedings against the Government of the United States in respect of a dispute Iran contended that these actions constituted a 'fundamental breach' of various provisions of the 1955 Treaty of Amity, Economic Relations and Consular Rights between the United States and Iran, as well as of international law. On 17 July 2006, the ILC Study Group completed its 256 page analytical study and adopted a report containing 42 conclusions. It acknowledged the difficulty in distinguishing between 'interpretation' and 'application'.

Keywords: 1955 Treaty of Amity; European Court; Islamic Republic of Iran; Oil Platforms case.67



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