Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights; (Islamic Republic of Iran v. United States of America)

Abstract

165International Court of Justice — Jurisdiction — Treaty of Amity, Economic Relations, and Consular Rights, 1955 between Iran and the United States of America (“1955 Treaty”) — Article XXI of the 1955 Treaty — Jurisdiction ratione materiae — Whether real issue in dispute concerning the 1955 Treaty — Whether Iran’s claims actually concerning the decision of United States of America to withdraw from the JCPOA — Whether possible for a State’s conduct to breach more than one legal instrument at the same time — Effect of Iran’s invocation of the compromissory clause under the 1955 Treaty on the dispute settlement mechanism of the JCPOA — Whether the 1955 Treaty covering measures relating to trade between Iran and third countries — Interpretation of Articles IV, V, VII, VIII, IX and X of the 1955 Treaty — Territorial scope of certain provisions of the 1955 Treaty — Link between determination of the content of third country measures — Merits of the caseInternational Court of Justice — Admissibility of Iran’s application — Abuse of process — Exceptional circumstances — Whether exceptional circumstances could justify finding that Iran’s application was an abuse of process — Whether Iran’s application could lead to Iran gaining an illegitimate advantage — Whether a claim based on a valid title of jurisdiction could be an abuse of processTreaties — Interpretation — Application — Article XX(1)(b) and (d) of the 1955 Treaty — Measures relating to fissionable materials — Essential security interests — Whether objections under Article XX(1)(b) and (d) preliminary in character — Connection between Article XX(1)(b) and (d) and the examination at the merits stageEconomics, trade and finance — Economic sanctions — Sanctions imposed by the United States of America against Iran — Territorial extent — Whether capable of affecting rights under the Treaty of Amity, Economic Relations, and Consular Rights, 1955, between Iran and the United States of America — Jurisdiction of the International Court of Justice — Admissibility of application of Iran