Lessons Learned from the Central Bank's Position as the State Bank in the Case of Certain Iranian Assets

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Document Type : Research Paper

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Assistant Professor of International Law, Law and Jurisprudence Department, Institution for Research and Development in the Humanities, Organization for Researching and Composing University Textbooks in the Islamic Sciences and the

Abstract

Having rendered the judgment of the International Court of Justice in the case of Certain Iranian Assets on 30 March 2023, and the finding of a violation of obligations arising from the 1955 Treaty of Amity between Iran and the US in the context of the US’ unreasonable and discriminatory treatment of the assets of Iranian companies and the violation of freedom of trade between the two countries, hopes have been strengthened for the finding of similar violations in another case between Iran and the US entitled “Alleged Violations of the Treaty of Amity.” It seems that the legislative and judicial actions of the US have effectively eliminated the possibility of conducting any trade between the two countries through the imposition of strict regulations such as Executive Order 13599 in 2012 onwards, will ultimately lead to a similar conclusion in the Alleged Violations case by the Court. It appears that the framework of Iran’s claims in this case and the temporal jurisdiction of the Court to consider Iran’s claims even after the US withdrew from the Treaty of Amity in October 2019 provided the necessary basis for assessing the United States’ sanctions measures until the conclusion of the proceedings in this case.

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Comparative Law Review

Articles in Press, Accepted Manuscript
Available Online from 26 June 2025

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