The Oil Platforms Case: Jurisdiction Through the – Closed – Eye of the Needle

The Oil Platforms Case: Jurisdiction Through the – Closed – Eye of the Needle The Law and Practice of International Courts and Tribunals 3 : 113–124, 2004 © 2004 Koninklijke Brill NV, Leiden, The Netherlands. COMMENT T HE O IL P LATFORMS C ASE : J URISDICTION THROUGH THE – CLOSED – EYE OF THE NEEDLE D AVID H. S MALL ∗ The International Court of Justice judgment on the merits in the case concerning Oil Platforms (Islamic Republic of Iran v. United States of America, 6 November 2003), is quite unusual in its logic and structure, and breaks new ground in judicial policy. The question is whether this is in the interest of the Court and the international system. Iran, in its application, sought a declaration that the United States, by attacking certain Iranian oil platforms in 1987 and 1988, during the “tanker war” phase of the Iran/Iraq conflict, “breached its obligations to the Islamic Republic of Iran, inter alia, under Articles I and X (1) of the Treaty of Amity 1 and international law ” (emphasis supplied) and that the United States is under an obligation to make reparations. 2 Article I provides: “There shall be firm and enduring peace and sincere friendship between the United States and Iran.” Article http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Law & Practice of International Courts and Tribunals Brill

The Oil Platforms Case: Jurisdiction Through the – Closed – Eye of the Needle

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Publisher
Brill
Copyright
© 2004 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1569-1853
eISSN
1571-8034
D.O.I.
10.1163/157180301773732645
Publisher site
See Article on Publisher Site

Abstract

The Law and Practice of International Courts and Tribunals 3 : 113–124, 2004 © 2004 Koninklijke Brill NV, Leiden, The Netherlands. COMMENT T HE O IL P LATFORMS C ASE : J URISDICTION THROUGH THE – CLOSED – EYE OF THE NEEDLE D AVID H. S MALL ∗ The International Court of Justice judgment on the merits in the case concerning Oil Platforms (Islamic Republic of Iran v. United States of America, 6 November 2003), is quite unusual in its logic and structure, and breaks new ground in judicial policy. The question is whether this is in the interest of the Court and the international system. Iran, in its application, sought a declaration that the United States, by attacking certain Iranian oil platforms in 1987 and 1988, during the “tanker war” phase of the Iran/Iraq conflict, “breached its obligations to the Islamic Republic of Iran, inter alia, under Articles I and X (1) of the Treaty of Amity 1 and international law ” (emphasis supplied) and that the United States is under an obligation to make reparations. 2 Article I provides: “There shall be firm and enduring peace and sincere friendship between the United States and Iran.” Article

Journal

The Law & Practice of International Courts and TribunalsBrill

Published: Jan 1, 2004

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