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Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) | Year:1390 | Volume:13 | Issue:33 | Start Page:197 | End Page:212

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Information Journal Paper

Title

IMPLIED OBLIGATION IN THE INTERNATIONAL LAW OF TREATIES: A REVIEW OF TWO AWARDS OF IRAN-US CLAIMS TRIBUNAL IN CASES B/1 (CLAIM 4), AND A/15 (II: A)

Pages

 Start Page 197 | End Page 212

Keywords

IMPLIED (IMPLICIT) OBLIGATIONQ2

Abstract

 In the international law of treaties, likewise the law of contracts, an implied obligation could be inferred from the text of a treaty against a party (or the parties) as a matter of interpretation of the treaty by the authorized body in accordance with the law applicable to the treaties interpretation. Implied terms, obligations, and powers could be inferred from a treaty when, especially, the object and purpose of the treaty could not be fulfilled without that finding.Iran-Us Claims Tribunal, as the body which has been given jurisdiction over the interpretive disputes of the Parties to the Algerian Decelerations, has exercised its jurisdiction over numerous interpretive cases to fill the existing gaps in the ALGERIAN ACCORDS. The Tribunal, in two of its Awards has found an obligation implicit in the text of General Principle A and Paragraph 9 of the General Deceleration against the United States. The Tribunal first in B/1 (Claim 4) inferred such an obligation against the United States to compensate losses incurred by Iran as a result of the United States’ refusal to return Iranian military properties. The Tribunal, then in A/15 (II: A), found the same obligation against the United States for the second time concerning Iranian export-controlled properties. The Tribunal in both Cases expressed that in the absent of this implied obligation, the object and purpose of the General Deceleration as set out by General Principle A namely, restoration of Iran’s financial position to the position it had prior to 14 November 1979, would not have been fulfilled.

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