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International Court of Justice: United States Application and Request for Interim Measures of Protection in Proceeding Against Iran*

Published online by Cambridge University Press:  20 March 2017

Abstract

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Type
Judicial and Similar Proceedings
Copyright
Copyright © American Society of International Law 1979

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Footnotes

*

[Reproduced from the text provided to International Legal Materials by the U.S. Department of State.

[The Application begins at I.L.M. page 1465; the Request for Interi Measures starts at page 1482.

[A public hearing will be held by the Court on December 10, 1979, devoted to arguments and submissions concerning the request for provisional measures. The Decision of the Court will be delivered a few days thereafter. That decision will be carried in the January 1980 issue of International Legal Materials.]

References

*/ Articles II and III of the Protocols to the Vienna Conventions on Diplomatic and Consular Relations both provide that the parties may agree on alternate procedures — arbitration or conciliation — in lieu of proceeding directly to this Court. No such agreements have been made. Indeed, the Iranian authorities have refused to discuss the dispute — still less modes of settlement of it — with United States emissaries. The terms of the preambles to both Protocols demonstrate the intent of the protocols to make recourse to the Court unconditional and not dependent upon joint pursuit by the parties of the options of arbitration or conciliation. They provide that: “expressing their wish to resort in all matters concerning them inRespect of any dispute arising out of the interpretation or application of the Convention to the compulsory jurisdiction of the International Court of Justice, unless some other form of settlement has been agreed upon by the parties within a reasonable period .... ” (Emphasis supplied.