Report - Report of the Public Hearings on the Request for the Indication of Provisional Measures Submitted by Iran in the case concerning Alleged Violations of the 1955 Treaty of Amity, Economic Relat

Editorial Board
2018-08-31

Following the Islamic Republic of Iran’s application against the United States of America concerning alleged violations of the Treaty of Amity, Economic Relations and Consular Rights between Iran and the United States of 15 August 1955 (Treaty of Amity) and also Request for the indication of provisional measures both of which submitted on 16 July 2018, the proceedings of hearings for indication of provisional measures has taken place from 27 to 30 August 2018.

In its Application, the Islamic Republic of Iran contends that the case concerns the decision of the United States of America of 8 May 2018, to re-impose sanctions and restrictive measures targeting, directly or indirectly, Iran and Iranian companies and/or nationals, which the United States had previously decided to lift in connection with the Joint Comprehensive Plan of Action - an agreement on the nuclear programme of the Islamic Republic of Iran reached on 14 July 2015 by the latter and the five permanent members of the United Nations Security Council, plus Germany and the European Union. The Applicant claims that, through the 8 May sanctions and the announced further sanctions, the United States has violated and continues to violate various provisions of the Treaty of Amity.

In its Request, the Islamic Republic of Iran asserts that the United States of America has already started to enforce some elements of the “8 May sanctions”, while announcing that others would be implemented between 90 and 180 days from 8 May 2018. The Applicant maintains that there is a real and imminent risk that irreparable prejudice will be caused to its rights which form the subject-matter of the dispute before the Court gives its final decision.

Request of Iran specifying the provisional measures which the Government of Iran is asking the Court to indicate follows as:

“[T]he Islamic Republic of Iran in its own right and as parens patriae of its nationals respectfully requests that, pending final judgment in this case, the Court indicate:

(a) That the USA shall immediately take all measures at its disposal to ensure the suspension of the implementation and enforcement of all of the 8 May sanctions, including the extraterritorial sanctions, and refrain from imposing or threatening announced further sanctions and measures which might aggravate or extend the dispute submitted to the Court;

(b) That the USA shall immediately allow the full implementation of transactions already licensed, generally or specifically, particularly for the sale or leasing of passenger aircraft, aircraft spare parts and equipment;

(c) That the USA shall, within 3 months, report to the Court the action it has taken in pursuance of sub-paragraphs (a) and (b);

(d) That the USA shall assure Iranian, US and non-US nationals and companies that it will comply with the Order of the Court, and shall cease any and all statements or actions that would dissuade US and non-US persons and entities from engaging or continuing to engage economically with Iran and Iranian nationals or companies;

(e) That the United States of America shall refrain from taking any other measure that might prejudice the rights of Iran and Iranian nationals and companies under the Treaty of Amity with respect to any decision this Court might render on the merits.”

According to Article 74 of the Rules of Court, a request for the indication of provisional measures shall have priority over all other cases. Paragraph 2 of the same provision states that the Court shall proceed to a decision on the request as a matter of urgency.

The Court was consisted of following Judges:

President: Abdulqawi Ahmed Yusuf

Vice-President: Xue Hanqin

Judges:

Peter Tomka

Ronny Abraham

Mohamed Bennouna

Antônio Augusto Cançado Trindade

Giorgio Gaja

James Richard Crawford

Kirill Gevorgian

Nawaf Salam

Yuji Iwasawa

Judges ad hoc:

Charles N. Brower

Djamchid Momtaz

Registrar:

Philippe Couvreur

The Government of the Islamic Republic of Iran was represented by:

Dr. Mohsen Mohebi, International Law Adviser to the President of the Islamic Republic of Iran and Head of the Center for International Legal Affairs, Associate Professor of public international law and arbitration at the Azad University, Science and Research Branch, Tehran,

as Agent, Counsel and Advocate;

Mr. Mohammad H. Zahedin Labbaf, Director of the Center for International Legal Affairs of the Islamic Republic of Iran, The Hague,

as Co-Agent and Counsel;

Dr. Seyed Hossein Sadat Meidani, Legal Adviser of the Ministry of Foreign Affairs of the Islamic Republic of Iran,

as Deputy Agent;

Mr. Vaughan Lowe, Q.C., member of the English Bar, Essex Court Chambers, Emeritus Professor of International Law, Oxford University, member of the Institut de droit international,

Mr. Alain Pellet, Emeritus Professor at the University Paris Nanterre, former member and former Chairman of the International Law Commission, member of the Institut de droit international,

Mr. Jean-Marc Thouvenin, Professor at the University of Paris Nanterre, Secretary General of The Hague Academy of International Law, member of the Paris Bar, Sygna Partners,

Mr. Samuel Wordsworth, Q.C., member of the English Bar, member of the Paris Bar, Essex, Court Chambers,

as Counsel and Advocates;

Mr. Sean Aughey, member of the English bar, 11KBW,

Mr. Jean-Rémi de Maistre, PhD candidate, Centre de droit international de Nanterre,

Mr. Luke Vidal, member of the Paris Bar, Sygna Partners,

Ms Philippa Webb, Associate Professor at King’s College London, member of the English Bar, member of the New York Bar, 20 Essex Street Chambers,

as Counsel;

Mr. Seyed Mohammad Asbaghi Namini, Acting Director, Department of International Claims, Center for International Legal Affairs of the Islamic Republic of Iran,

Dr. Hadi Azari, Legal Adviser to the Center for International Legal Affairs of the Islamic Republic of Iran, Assistant Professor in public international law at the Kharazmi University,

Dr. Abbas Bagherpour Ardekani, Director General for International Legal Affairs, Ministry of Foreign Affairs of the Islamic Republic of Iran,

Dr. Ebrahim Beigzadeh, Senior Legal Adviser to the Center for International Legal Affairs of the Islamic Republic of Iran, Professor in public international law at the Shahid Beheshti University,

Dr. Mahdad Fallah Assadi, Legal Adviser to the Center for International Legal Affairs of the Islamic Republic of Iran,

Mr. Ali Garshasbi, Legal Expert, Department for International Legal Judicial Organs, Ministry of Foreign Affairs of the Islamic Republic of Iran,

Dr. Mohammad Jafar Ghanbari Jahromi, Deputy Head of the Center for International Legal Affairs of the Islamic Republic of Iran, Associate Professor in public international law at the Shahid Beheshti University,

Mr. Yousef Nourikia, Deputy-Director, Department for International Claims and Judicial Agreements, Ministry of Foreign Affairs of the Islamic Republic of Iran,

Mr. Alireza Ranjbar, Legal Adviser to the Center for International Legal Affairs of the Islamic Republic of Iran,

as Legal Advisers.

The Government of the United States of America was represented by:

Ms Jennifer G. Newstead, Legal Adviser, United States Department of State,

as Agent, Counsel and Advocate;

Mr. Paul B. Dean, Legal Counsellor, Embassy of the United States of America in the Kingdom of the Netherlands,

as Deputy Agent, Counsel and Advocate;

Mr. David M. Bigge, Deputy Legal Counsellor, Embassy of the United States of America in the Kingdom of the Netherlands,

as Deputy Agent and Counsel;

Sir Daniel Bethlehem, Q.C., member of the English Bar, 20 Essex Street Chambers,

Professor Donald Earl Childress III, Counsellor on International Law, United States Department of State,

Ms Lisa J. Grosh, Assistant Legal Adviser, United States Department of State,