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The International Court of Justice and Domestic Jurisdiction: Notes on the Aglo-Iranian Case

Published online by Cambridge University Press:  22 May 2009

Henri Rolin
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Extract

The dispute between Britain and Iran relating to the nationalization and seizure of the Anglo-Iranian Oil Company concessions and refinery plants by the government of Premier Mossadegh aroused unusual interest when brought before the International Court of Justice by Britain in 1951. The Iranian Oil Nationalization Act, coming after long and bitter negotiations between the oil company and the Iranian Government over oil royalties and operational arrangements, carried with it important political and strategic considerations.

Type
Research Article
Information
International Organization , Volume 8 , Issue 1 , February 1954 , pp. 36 - 44
Copyright
Copyright © The IO Foundation 1954

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References

1 For summary, see International Organization, Vol. V, no. 3 (08, 1951), p. 588–590Google Scholar.

2 See ibid., Vol. VI, no. 3 (August, 1952), p. 428–429.

3 Cf. Preuss, L., Recueil des Cours de l'Academie, XXIV (1949–1941), p. 619Google Scholar.

4 Cf. Hudson, M. O., The Permanent Court of International Justice, New York, 1943, p. 471Google Scholar.

5 In this sense, see the opinion of MrHam-bro, in Annuaire de l'Institute de Droit International, 1952 1, p. 167 and 1950 1, p. 41Google Scholar.

6 Preuss, , op. cit., p. 640Google Scholar comes to the opposite conclusion.

7 Basdevant was the first to indicate that the principles of international law referred to in Article 15(8) of the Covenant were those concerning intervention.

8 Cf. my lectures in the Hague Academy where I tried to demonstrate the existence of the intermediary class of disputes. R C A D (1950 II par. 100). See also my observations on a report of ProfessorKousseau, in the Annuaire de l'Institute de Droit International, 1952 1, p. 169Google Scholar.

9 This observation of the Canadian delegate, Mr. McNaughton, found good support in the rules of the General Assembly according to which, when the competence was denied, the voting on that point had to precede the voting on the substance.