Hostname: page-component-586b7cd67f-g8jcs Total loading time: 0 Render date: 2024-11-25T21:16:17.232Z Has data issue: false hasContentIssue false

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

Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)