1 1955 treaty of amity (judgment)
6
United States to withdraw from JCPOA does not preclude it from relating to
interpretation and application of Treaty of Amity -- A dispute may relate to certain
acts that fall within ambit of more than one instrument -- The Court cannot
support argument that subject-matter of Iran's claims relates exclusively to
JCPOA and not to Treaty of Amity -- First preliminary objection to jurisdiction
cannot be upheld.Second preliminary objection to jurisdiction: "third country measures" -- The
Court must ascertain whether acts of which Applicant complains fall within provisions
of treaty containing compromissory clause -- "Third country measures"
objection does not concern all of Iran's claims but only majority of them -- Were
the Court to uphold second objection to jurisdiction the proceedings would not be
terminated -- Disagreement between the Parties about relevance of concept of
"third country measures" -- Disagreement between the Parties as regards territorial
scope and ambit of provisions of Treaty of Amity allegedly breached by
United States -- Fact that some impugned measures directly targeted third States,
their nationals or companies, does not automatically exclude them from ambit of
Treaty of Amity -- Second preliminary objection relates to the scope of certain
obligations relied upon by Applicant -- Also raises legal and factual questions
which are properly a matter for the merits -- Second preliminary objection to
jurisdiction cannot be upheld.Preliminary objection to admissibility of Iran's Application: alleged abuse of
process -- Claim based on valid title of jurisdiction can be rejected on ground of
abuse of process only in exceptional circumstances -- No such exceptional circumstances
in present case -- Preliminary objection to admissibility rejected.*
Objections on basis of Article XX, paragraph 1 (b) and (d), of Treaty of
Amity.*
Admissibility.