The International Law of Expropriation as Reflected in the Work of the Iran-U.S. Claims Tribunal

ISBN-13: 9780792326540 / Angielski / Twarda / 1994

Allahyar Mouri

Opis

This book deals with expropriation and other measures affecting property rights as set out in the awards of the Iran-U.S. Claims Tribunal, and thus examines the relation between general international law and the lex specialis, viz., the provisions of the Algiers Declarations and the Treaty of Amity between the Governments of Iran and the United States. It studies what rights have been considered as property rights capable of being independently expropriated or affected by other measures, and what rights have not been so qualified, although they might have been considered as forming an element of valuation. Furthermore, the liability and attributability issues are discussed, as are the methods of compensation and of valuation.

Spis treści

Table of Cases: Iran--U.S. CTR. Table of Cases: Other International Fora. Table of Cases: Municipal Courts. Books, Articles, Journals and Papers. Laws, Regulations, Treaties and Conventions. Aspects of the Iran--United States Claims Tribunal. Book One: What Constitutes Expropriation or Measures Affecting Property Rights. I. What Constitutes a Property Right. II. What Constitutes Expropriation. III. What Constitutes Measures Affecting Property Rights. Book Two: Liability. IV. Attributibility. V. Causal Link Requirement and Defences to Liability. VI. Burden of Proof. Book Three: Compensation. VII. What is the Applicable Law. VIII. Compensability and Elements Affecting Compensation. IX. Standard of Compensation. Book Four: Valuation. X. Methods of Valuation. XI. Valuation Date and its Impact.