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ITT Industries, Inc., Claimantv. The Islamic Republic of Iran, The Organization of Nationalized Industries of Iran, Respondents

European Court of Human Rights.  26 May 1983 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Jurisdiction — In general — Territorial — Expropriation of alien property — Foreign shareholders in Iranian joint stock public company — Governmental control of corporate entity — Government appointed board of directors — Whether amounting to a “taking”of property — Iran- United States Claims Settlement Declaration, 1981 — The law and practice of the Iran- United States Claims Tribunal

State responsibility — Damages (Measure of damages) — Award of damages in general — Grounds for awarding damages — Expropriation of foreign property — Whether giving rise to obligation to compensate — Standard of compensation — Valuation of property — The law and practice of the Iran- United States Claims Tribunal

The individual in international law — Aliens — Position of — Respect for property — Expropriation — Indirect foreign ownership of public joint stock company — Assumption of control by State authorities — Whether amounting to expropriation — Compensation — Iran- United States Treaty of Amity, Economic Relations and Consular Rights, 1955 — Whether applicable to non — nationals of State parties — The law and practice of the Iran- United States Claims Tribunal

Treaties — Conclusion and operation of — Effect of treaties on third parties — Iran- United States Treaty of Amity, Economic Relations and Consular Rights, 1955 — Whether protection extends to nonnationals of either State party — Iran- United States Claims Settlement Declaration, 1981 — The law and practice of the Iran- United State Claims Tribunal

Disputes — Arbitration — Miscellaneous — Award on agreed terms by Iran- United States Claims Tribunal — Concurring opinion — Meaning of — Whether appropriate — The law and practice of the Iran- United States Claims Tribunal

State responsibility — Nature and kinds of — For taking of, or interference with, property — Iranian public joint stock company — Indirect foreign ownership — Assumption of control by State authorities — Replacement of elected board of directors — Preclusion of shareholders from participation in management — Whether amounting to expropriation — Whether giving rise to obligation to compensate — Iran- United States Treaty of Amity, Economic Relations and Consular Rights, 1955 — Applicability to nonnationals of State parties — Customary international law — Standards of compensation — Prompt, adequate and effective — Whether date of expropriation to be date of valuation — Whether responsibility for diminution in value due to revolution occurring prior to expropriation — Iran- United States Claims Settlement Declaration, 1981 — Award on agreed terms — Concurring opinion — The law and practice of the Iran- United States Claims Tribunal

Type
Case Report
Copyright
© Cambridge University Press 1987

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