An analysis on the preliminary objections of the United States of America in the case of Certain Iranian Assets at International Court of Justice

Articles in Press

Document Type : academic

Authors

1 Professor, Public Law Department, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran.

2 LLM in International Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran.

10.22066/cilamag.2024.2024021.2520

Abstract

In the Preliminary objections of the case of Certain Iranian Assets, the United States of America made a number of objections to the petition of the Islamic Republic of Iran in order to terminate the proceedings of the International Court of Justice. Although the main objections of the United States of America focused on the lack of jurisdiction of the court, but by raising two basic accusations such as "Iran's abuse of right" and "Iran's clean hand", it questioned the admisibility of hearing the case of the Islamic Republic of Iran and placed the Iran in the Accused position. Therefore, the International Court of Justice first considered the American objections. This research explains the claims of the United States of America and then proves its hypothesis in the adherence of the International Court of Justice to its judicial practice in the issues of "abuse of right" and "clean hands".

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International Law Review

Articles in Press, Accepted Manuscript
Available Online from 16 March 2024

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History

  • Receive Date: 29 February 2024
  • Revise Date: 08 March 2024
  • Accept Date: 16 March 2024

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