The Formative Years of the Iran–United States Claims Tribunal

1997 ◽  
Vol 66 (1) ◽  
pp. 23-32
Author(s):  
Keyword(s):  
United States ◽  
The United States ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Wide Range ◽  
The Hague ◽  
The U.S ◽  
Formative Years ◽  
At Home

AbstractAfter the seizure of the U.S. Embassy in Tehran on 4 November 1979 and the taking of 52 American citizens as hostages, and after President Carter in retaliation froze Iranian assets in the United States banks, at home and overseas, valued at some 12 billion dollars, the grave crisis was not finally settled until 19 January 1981, after 444 days. The hostages were released and arrangements were made for the free transfer of the frozen Iranian assets. The settlement also provided for the establishment of an Arbitral Tribunal at the Hague for the solution of a wide range of specified claims. An ``insider'' tries in this article to describe the complex and burdensome building up and organisation of the largest and most important international arbitration to date.

The Orinoco Steampship Company Case Before the Hague Tribunal

1911 ◽  
Vol 5 (1) ◽  
pp. 35-64 ◽  
Author(s):  
William Cullen Dennis
Keyword(s):  
United States ◽  
The United States ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Res Judicata ◽  
The Future ◽  
The Hague

On the 9th of April, 1911, the Hague court will celebrate its first decennial. The first decade of the court was opened by the submission on the part of the United States and Mexico of the Pious Fund case to the tribunal for its decision, and of the eight cases so far submitted to the court and brought to trial during the first decade, the United States has been a party in four, and in a fifth, the Japanese House Tax case, the United States agreed to abide by the result. The last case to be tried was the Orinoco Steamship Company case submitted by the United States and Venezuela.Both the Pious Fund and the Orinoco Steamship Company case raised important questions vitally affecting the future of international arbitration. Both cases were peculiar in that they dealt with a question which had already been once before decided by an arbitral tribunal. In both cases the effect of the previous arbitral decision was submitted as a preliminary question to the Hague court. In the Pious Fund case the preliminary question submitted was as to whether the claim, as a consequence of the former decision of Sir Edward Thornton, umpire under the convention between the United States and Mexico of 1868, was within the principle of res judicata. The court sustained the contention of the United States, by holding that the rule of res judicata applies to international arbitral sentences “ rendered within the limits of the jurisdiction fixed by the compromise,” and accordingly rendered judgment in favor of the United States, without considering the merits of the claim.

scholarly journals The North Atlantic Coast Fisheries Arbitration

1911 ◽  
Vol 5 (1) ◽  
pp. 1-31 ◽  
Author(s):  
Robert Lansing
Keyword(s):  
United States ◽  
North Atlantic ◽  
Atlantic Coast ◽  
The United States ◽  
Arbitral Tribunal ◽  
The Past ◽  
The North ◽  
The Hague ◽  
The North Atlantic ◽  
Constant Source

The Arbitral Tribunal of the Permanent Court at The Hague, by its award of the 7th of last September, in the case of the North Atlantic Coast Fisheries, brought to a close a controversy which in its various phases has been an almost constant source of vexatious dispute between the United States and Great Britain for the past seventy years.A treaty, granting exceptional rights, such as that which this Tribunal was called upon to consider, is peculiarly susceptible to different interpretations as the course of time brings new conditions not contemplated by its negotiators. The relations of the parties are changed. A liberty which at the date of the treaty was considered indispensable may become worthless, while one which was deemed insignificant may in years assume a place of vital importance to the beneficiaries under the grant. This change of conditions and of the value of rights has been especially true of the liberties acquired by the United States for its inhabitants under the first article of the Treaty of October 20, 1818.

Raising the Drawbridge to Cuba

2019 ◽  
pp. 101-122
Author(s):  
David Scott FitzGerald
Keyword(s):  
United States ◽  
Remote Control ◽  
Asylum Seekers ◽  
The United States ◽  
Coast Guard ◽  
Willingness To Accept ◽  
Immigration Laws ◽  
The U.S ◽  
High Seas ◽  
At Home

U.S. policies toward Cubans have oscillated between periods of welcome and restriction embedded in an overall trajectory of restriction. The biggest difference between the treatment of Haitian and Cubans was that only Cubans seeking protection were granted realistic legal paths to enter the United States through visa waivers for air passengers, relaxation of enforcement of immigration laws, more robust asylum screening on the high seas, and in-country processing programs for dissidents and other programs guaranteeing slots in the immigration stream. The favorable treatment of Cubans shows that even tens of thousands of asylum seekers arriving over the course of a few months did not threaten the capacity of the United States to provide sanctuary for those facing persecution at home. The Cuban case also challenges the conceptualization of remote control. Remote control’s efficacy is highly dependent on collaboration by other governments, such as Cuba’s willingness to accept Cubans intercepted at sea by the U.S. Coast Guard.

Contesta Pronto

2018 ◽  
pp. 99-129
Author(s):  
Miroslava Chávez-García
Keyword(s):  
United States ◽  
Family Life ◽  
Power Relations ◽  
Social Roles ◽  
Family Members ◽  
The United States ◽  
The Real ◽  
The U.S ◽  
At Home

Chapter 3 focuses on gender and family life in Mexico, centering on the shifting power relations in the patriarchal household. Using dozens of letters written by José Chávez Torres to his son Paco Chávez, the author’s grandfather and uncle, respectively, the latter of which was living and working in the U.S.-Mexico borderlands, the chapter examines the personal, emotional, and economic toll of migration on family members who stayed at home. It demonstrates the profound ways in which the migration of family members and loved ones affected their social roles and identities, that is, the real and perceived understanding of who they were in relation to their changing circumstances in their family and community in Mexico and the United States.

Volkswagen Aktiengesellschaft v. Schlunk

1988 ◽  
Vol 82 (4) ◽  
pp. 816-820
Author(s):  
Carlos M. Vázquez
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Supreme Court ◽  
The United States ◽  
Cook County ◽  
Appellate Court ◽  
State Law ◽  
Circuit Court ◽  
The Hague ◽  
The U.S

In this first decision by the United States Supreme Court on the scope and application of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, better known as the Hague Service Convention, petitioner, a West German company, challenged the respondent’s attempt to serve process on petitioner by serving its wholly owned U.S. subsidiary in accordance with the state’s rules rather than pursuant to the procedures of the Convention. The Circuit Court of Cook County, Illinois, found that the relationship between the German parent and the U.S. subsidiary was such that, under state-law rules of agency, the U.S. subsidiary was the parent’s involuntary agent for service of process. Because service could thus be perfected entirely within the United States, the court held that it was not necessary to follow the procedures of the Hague Service Convention. The Illinois Appellate Court affirmed, and the Illinois Supreme Court denied leave to appeal. The U.S. Supreme Court (per O’Connor, J.) affirmed and held: (1) the Hague Service Convention is “mandatory” and preempts inconsistent state-law methods of service in all cases to which it applies; (2) the Convention applies where there is occasion to transmit a document abroad to charge persons with formal notice of a pending action; and (3) whether it is necessary to transmit a document abroad for such purposes is determined by the forum state’s internal law.

International Arbitration

1966 ◽  
Vol 60 (2) ◽  
pp. 413-418
Author(s):  
John R. Stevenson
Keyword(s):  
United States ◽  
The United States ◽  
Air Transport ◽  
Advisory Opinion ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
The Right

Italy-United States Air Transport Arbitration. Advisory Opinion of Tribunal After a dispute had arisen between the United States and Italy as to the rights of American air lines to operate all-cargo services to Italy, the question was submitted to the arbitral tribunal: “Does the Air Transport Agreement between the United States and Italy of February 6, 1948, as amended, grant the right to a designated airline of either party to operate scheduled flights carrying cargo only?”

The Iran-United States Claims Tribunal

1983 ◽  
Vol 77 (4) ◽  
pp. 913-914 ◽  
Author(s):  
Marian Nash Leich
Keyword(s):  
United States ◽  
The United States ◽  
The Other ◽  
Department Of State ◽  
Recent Developments ◽  
The Hague ◽  
The U.S

In a notice issued by David P. Stewart, Administrator for Iranian Claims, under date of June 24, 1983, the Department of State informed claimants before the Iran-United States Claims Tribunal at The Hague of recent developments at the Tribunal with specific regard to settlement of claims. The notice read in part:On two recent occasions, the Tribunal had refused to certify as Tribunal awards settlements submitted by U.S. claimants and Iran. In one case the amount of the proposed settlement significantly exceeded the amount of the claim. In the other, the settlement was in the full amount of the claim plus interest, but the settlement required that, after the settlement had been paid from the Security Account at the N.V. Settlement Bank of Netherlands, more than half of the amount of the settlement would be paid to Iran for taxes allegedly owed. The U.S. claimant had previously denied that any such taxes were owed. The United States—and, to the best of the Department of State’s knowledge, all U.S. claimants—has consistently denied that Iranian counterclaims for taxes are within the Tribunal’s jurisdiction.

scholarly journals The Enron Collapse and Criminal Liabilities of Auditors and Lawyers for Defective Prospectuses in the United States, Australia and Canada: a Review

2008 ◽  
Vol 26 (1 & 2) ◽  
Author(s):  
S.M. Solaiman
Keyword(s):  
United States ◽  
The United States ◽  
Securities Markets ◽  
Corporate Bankruptcy ◽  
Legal Provisions ◽  
Wide Range ◽  
The World ◽  
Prospectus Liability ◽  
The U.S ◽  
Judicial Interpretations

A lack of uniformity in laws regulating professionals such as auditors and lawyers in relation to defective prospectuses exists across nations around the world. Securities legislation of some jurisdictions clearly imposes criminal liabilities for defective prospectuses on professionals along with directors and promoters of the issuer of securities. But the laws of some other countries are ambiguous in this regard. Such an ambiguity is present in the securities legislation of the United States, Australia and Canada. Their legislation does not categorically name the persons who should be criminally liable for a defective prospectus; nonetheless auditors and lawyers are sometimes caught by virtue of judicial interpretations of those vague legal provisions. Even though they could be on the hook under such interpretations, legislation provides a wide range of defences that facilitate escaping liabilities by offenders at the expense of the integrity of the market. Regarding sanctions, although the term of imprisonment is identical in all these three jurisdictions, pecuniary penalties significantly vary after the recent reforms triggered by some spectacular corporate bankruptcy taking place especially in the U.S. and Australia. Most importantly, the post-Enron reforms explicitly amend the laws governing secondary securities markets, and therefore their application to defective prospectuses is questionable except for the Canadian reforms. If the post-Enron reforms do not really touch the prospectus liability regimes in the U.S. and Australia, it can be said that the lawmakers have ignored their primary securities markets. If this is so, it would be an unwise policy to wait for an Enron-type disaster to occur in the IPO market for stimulus to initiate reforms addressing professional malpractices in the preparation of prospectuses. If not, the law should make it clear before it is too late.

Part VI Discovery and Document Production, 16 Discovery in Arbitration: Can Parties Use 28 USC § 1782 to Circumvent the Process Ordered by the Arbitral Tribunal?

2016 ◽  
Author(s):  
Yanos Alexander A
Keyword(s):  
United States ◽  
The United States ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
The Us ◽  
International Tribunals ◽  
Judicial Assistance ◽  
United States Code ◽  
Broad Form

This chapter focuses on Section 1782 of Title 28 of the United States Code (USC). One of the stated purposes of 28 USC § 1782 (‘section 1782’) is to provide ‘judicial assistance to foreign or international tribunals’. However, the profound differences between the broad form of discovery available under section 1782 and the narrow form of discovery generally available in international arbitration may create the possibility of conflicts between the process envisioned by the arbitral tribunal and the process made available to parties by the US judiciary. It argues that section 1782 is subject to a strong presumption in favour of discovery. When a foreign litigant wants discovery, but the foreign tribunal may not, courts typically err on the side of the foreign litigant.

“Absolutely the worst drug I’ve ever seen”: Risk, governance, and the construction of the illicit fentanyl “crisis”

2019 ◽  
Vol 24 (4) ◽  
pp. 612-632
Author(s):  
Liam Kennedy ◽  
Madelaine Coelho
Keyword(s):  
United States ◽  
News Media ◽  
The United States ◽  
Social Contexts ◽  
Risk Governance ◽  
Opioid Use ◽  
External Threats ◽  
Wide Range ◽  
Neoliberal Policies ◽  
At Home

In this article, we analyze 1027 articles published in four newspapers in order to trace the construction of the fentanyl “crisis” across social contexts. Our analysis reveals that Chinese producers and Mexican cartels were censured for bringing this deadly substance into Canada and the United States as the number of fentanyl-related deaths and overdoses increased. Indeed, news media construct this “illicit” form of fentanyl as foreign and risky. We contend that this coverage diverts attention away from the consequences of the neoliberal policies that contribute to opioid use and plays an important role in stoking feelings of insecurity that justify a disconcertingly wide range of governing practices that aim to secure the homeland against external threats, advance the state’s interests abroad, and discipline larger swaths of the population at home.

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