.International Law Capacities for Economic Defense of the Islamic Republic of Iran Against US Sanctions

Author

Assistant Professor, Faculty of Islamic Studies and Law, Imam Sadegh University

Abstract

One of the most important goals of the United Nations was the maintenance of international peace and security and the development of friendly relations between the nations on the basis of respect for the principle of equality of rights and sovereignty of the United Nations. The UN Charter has prohibited not only the use of force in international affairs, but also the threat of it, while the US government has taken a forceful approach to the Iranian nation since the early years of its founding. It has imposed a variety of pressures, including economic pressures on Iran. The United States has directly and indirectly endangered the Iranian nation's assets and economic interests by imposing unilateral sanctions and violating judicial immunity. Using a descriptive-analytical approach, citing international documents and practices, this article evaluates two of the most important adversarial actions of the US government against the economic interests of the Iranian government and nation, namely the imposition of judicial rulings and legal remedies to respond to them from the perspective of international law. And it has been concluded that these actions, in addition to violating the requirements of international law, are also in breach of the United States' contractual obligations to Iran, and in addition to general international law mechanisms, the Iranian government has also adopted specific and specific mechanisms for responding to and responding to conduct. Offensive You have the United.

Highlights

.

Keywords

References

 
- Anti- Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”).
- Caplan, Lee M. (2003), “State Immunity, Human Rights and Jus Cogens: A Critique of the Normative Hierarchy Theory”, The American Journal of International Law, Vol. 97, No. 4.
- Case Concerning Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States of America), 27 June 1986, ICJ Rep. 1986.
- Case Concerning United States Diplomatic and Consular Staff in Tehran (United States v. Iran), Judgment of May 24, 1980, I.C.J. Reports 1980.
- Cassese, Antonio (1989), “The International Community's “Legal” Response to Terrorism”, The International and Comparative Law Quarterly, Vol. 38, No. 3.
- Declaration on the Prohibition of Military, Political or Economic Coercion in the Conclusion of Treaties, annexed to the Final Act of the United Nations Conference on the Law of Treaties, Vienna, 23 May 1969.
- Draft Articles on Responsibility of States for Internationally Wrongful Acts, in Report of the International Law Commission on the Work of its Fifty‐third Session, UN GAOR 56th Session, Supp. No. 10, UN Doc. A/56/10 (2001).
- Executive Order 13553, “Blocking Property of Certain Persons With Respect to Serious Human Rights Abuses By The Government of Iran and Taking Certain Other Actions”, (Effective Date - September 29, 2010).
- Foreign Sovereign Immunities Act 1976 (FSIA).
http://www.b-29s-over-korea.com/USMC-barracks-bombing/USMC-barracks-bombing.html
- Judith Abasi Mwila, et al. v. The Islamic Republic of Iran, et al., Civil Action No. 08-1377 (JDB), 28 November 2011 [“1998 U.S. Embassy Case”].
- Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening), 3 February 2012, - Judgment, ICJ Reports 2012 [“Jurisdictional Immunities of the State Case”].
- Lopez, G. A. and Cortright D.(1997), “Economic sanctions and human rights: part of the problem or part of the solution?”, International Journal of Human Rights,  Vol. 1, No. 2.
- Marshall, Andrew Gavin (2010), “The Imperial Anatomy of Al-Qaeda. The CIA’s Drug-Running Terrorists and the Arc of Crisis”, Global Research, September 7, at: http://www.infowars.com/the-imperial-anatomy-of-al-qaeda-the-cias-drug-running-terrorists-and-the-arc-of-crisis/
- Matar v. Dichter, 500 F Supp. 2d 284 (SDNY 2007).
- Morin, Karine and Miles, Steven H. (2000), “The Health Effects of Economic Sanctions and Embargoes: The Role of Health Professionals”, Annals of Internal Medicine, Vol. 132, No. 2.
- Princz v. Federal Republic of Germany (1994), 307 U.S. App. D.C. 102.
- Report of the International Law Commission on the Work of Its Fifty-Third Session (2001), UN  GAOR, 56th Sess., Supp. No. 10, UN Doc. A/56/10.
- Report of the International Law Commission on the Work of Its Forty-Third Session, UN GAOR, 46th Sess., Supp. No. 10, UN Doc. A/46/10 (1991), Draft Articles on Jurisdictional Immunities of States and Their Property, with Commentaries (1991).
- The 2008 National Defense Authorization Act (“NDAA”).
- The judgment (havlish et al. v. bin laden et al.) available at:http://www.nylj.com/nylawyer/adgifs/decisions/122711daniels.pdf
- The Mandatory Victim's Restitution Act of 1996.
- The United States District Court for the District of Columbia, Case Number 1:02cv00305, Dated: May 3, 2002 [“September 11, 2001 Case”].
- UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 8: The relationship between economic sanctions and respect for economic, social and cultural rights, 12 December 1997, E/C.12/1997/8.
- UN GA, Report of International Law Commission on the work of its 48th session, 6 May–26 July 1996, GAOR Supp. No. 10 (A/51/10).
United Nations General Assembly, “Economic Measures as a Means of Political and Economic Coercion Against Developing Countries”, Res. 46/210, UN GAOR, 46th Sess., UN Doc. A/RES/46/210 (1991).
Yearbook of the International Law Commission, 1980, Vol. II (2).
Zarif, M. Javad and Mirzaee, Saeid, “U.S. Unilateral Sanctions against IRAN”,available at: http://www.zarif.net/Articles/sanction-art-zar.htm
 
eague of Nations, Covenant of the League of Nations, 28 April 1919.
United Nations, Charter of the United Nations, 24 October 1945.
Executive Order 12957 (March 15, 1995), and Executive Order 12959 (May 6, 1995).
Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium), ICJ Reports 2002.
Ackerman, David M.( 25 January 2002), “Suits Against Terrorist States”, Congressional Research Service (CRS), CRS Report for Congress,.
Brekhoff , Rutmer (03-02-2010), “Ban of Iranians at nuclear sites overturned”, at:http://vorige.nrc.nl/international/article2475111.ece/Boycott_banning_Iranians_from_Dutch_nuclear_sites_overturned
Lamb, Franklin (14 July 2012), “Why Iran Should Sue the U.S. at the International Court of Justice”, at:http://www.foreignpolicyjournal.com/2012/07/14/why-iran-should-sue-the-u-s-at-the-international-court-of-justice/
Nimmo, Kurt (August 1, 2012), “Judge Rules al-Qaeda and Iran Must Pay Billions to 9/11 Families”,at:http://www.infowars.com/judge-rules-al-qaeda-and-iran-must-pay-billions-to-911-families/
Report of the Secretary-General (16 August 2012), “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba”, A/67/118.
United Nations, Vienna Convention on the Law of Treaties, 23 May 1969.
Flatlow v. Islamic Republic of Iran, 999 F. Supp. 1, 27 (D.D.C. 1998).
Prinz v. Federal Republic of Germany (1992), 813 F. Supp. 22, 26 (D.D.C. 1992).
  “U.S. District Court Rules Iran Behind 9/11 Attacks” (December 23, 2011), Avaialable at:http://iran911case.com/
Security Horizons
Volume 8, Issue 29 - Serial Number 29
September 2020
Pages 115-134

Files

History

  • Receive Date: 27 September 2016
  • Revise Date: 23 July 2019
  • Accept Date: 19 September 2018

Share

How to cite

Statistics