Editor’s Note: Special Issue on the Iran-United States Claims Tribunal
نویسندگان
1 Department of International Law, Law faculty, University of Qom
doi
10.22091/ijicl.2024.3487چکیده
The obligation of states to settle international disputes by peaceful means and the prohibitionof the threat or use of force in international relations are complementary principles enshrined inthe Charter of the United Nations, specifically Articles 2(3) and 2(4). These core norms affirmthe role of arbitration as the most important mechanism for the peaceful resolution of disputesand the maintenance of international order. Within this normative framework, the Iran–UnitedStates Claims Tribunal stands out for its substantial jurisprudential contributions to investor–statearbitration and the broader field of interstate dispute resolution.The Iran-United States Claims Tribunal is one of the most, if not the most, importantinstitutions in the history of international arbitration, and is considered the longest-runninginterstate arbitration tribunal in modern times. Established after the 1979 Islamic Revolution, theTribunal was created to address complex disputes arising from the severance of diplomatic andeconomic relations between Iran and the United States. Extensive contractual and investmentrelations between the two countries before the revolution, had led to numerous legal disputesthat remained unresolved in the wake of political situation. The seizure of the United Statesembassy in Tehran exacerbated the crisis and prompted the need for a formal mechanism fordispute resolution. The 1981 Algiers Agreements between Islamic Republic of Iran and the U.Swith the mediation of Algeria and the subsequent establishment of the Tribunal demonstratehow the two countries were able to transform a diplomatic impasse into a structured legalprocess—an early demonstration of the capacity of international law to resolve disputes at thestates level.