International Journal of Academic Research in Public Policy and Governance

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Disguised Expulsion from Iran-United States Tribunal to the International Law Commission’s Draft on the Expulsion of Aliens

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Treatment of aliens has a long history under international law. In this context, the main issue is the need for compromise between the competence of sovereign states and the protection of human rights. The expulsion of aliens is one of the most important subdivisions of international laws on treatment of aliens. Since the nineteenth century, affected by humanization of international law, the laws regulating this domain have been impressively evolved. Recently International law commission has drafted a treaty text concerning the expulsion of alien which in tenth article provides for the delicate problem of disguised expulsion. In this regard, the Commission has been influenced by Iran-United States Claims Tribunal judgments. This paper in intended to analyze the judgments rendered by the tribunal on disguised expulsion in order to show how its legacy has played a role in the development of international law.
ILC. (2014). Draft Articles on the Expulsion of Aliens, with Commentaries, Yearbook of the International Law Commission, Vol. II, Part Two.
Khalilian, S. K. (2003). Iran-United States Lawsuits on Iran-United States Claims Tribunal (The Hague Tribunal), Tehran, Enteshar Publications.
MacGlashan, M. E. (Ed.). (1987). Rankin v. Islamic Republic of Iran, Award of 3 November 1987, Iran-United States Claims Tribunal Reports, Vol. 17 (IV), Cambridge University Press.
MacGlashan, M. E. (Ed.). (1987). Yeager v. Islamic Republic of Iran , Award of 2 November 1987, Iran-United States Claims Tribunal Reports, Vol. 17 (IV), Cambridge University Press.
MacGlashan, M. E. (Ed.). (1987). Young v. Islamic Republic of Iran , Award of 30 November 1987, Iran-United States Claims Tribunal Reports, Vol. 17 (IV), Cambridge University Press.
MacGlashan, M. E. (Ed.). (1988). Hilt v. Islamic Republic of Iran, Award of 16 March 1988, Iran-United States Claims Tribunal Reports, Vol. 17 (IV), Cambridge University Press.
MacGlashan, M. E. (Ed.). (1987). Short v. Islamic Republic of Iran , Award of 14 July 1987, Iran-United States Claims Tribunal Reports, Vol. 16 (III), Cambridge University Press.
Adlam, J. C. (Ed.). (1985). International Technical Products Corporation v. Islamic Republic of Iran, Award of 19 August 1985, Iran-United States Claims Tribunal Reports, Vol. 9 (II), Cambridge University Press.
In-Text Citation: (Haddadi & Khosroshahi, 2015)
To Cite this Article: Haddadi, M., & Khosroshahi, H. (2015). Disguised Expulsion from Iran-United States Tribunal to the International Law Commission’s Draft on the Expulsion of Aliens. International Journal of Academic Research in Public Policy and Governace, 2(1), 16–26.