Document Type : Original Article
Authors
1
Department of Law, Kish International Branch, Islamic Azad University, Kish Island, Iran
2
Department of Law, Kish International Branch, Islamic Azad University, Kish Island, Iran Assistant Professor of International Law, Allameh Tabataba`i University, Tehran, Iran
3
Department of Law, Kish International Branch, Islamic Azad University, Kish Island, Iran Associate Professor of International Law, Allameh Tabataba`i University, Tehran, Iran
10.30510/psi.2022.343838.3493
Abstract
abstract
Implementing the Provisional Measures of the International Court of Justice by Emphasizing the Court's Order in the Case of Alleged Violation of the Iran-US Amity Treaty (1955)
The provisional measure order is one of the common legal entities in domestic law and international law. Pursuant to Article 41 of its Statute, the International Court of Justice has the power to indicate provisional measure to protect the rights of the parties as well as to prevent the dispute from escalating. Relevant provisions governing the authority and performance of the Court regarding the provisional measure are provided for in the Statute and the Rules of Procedure. The court performs this action before issuing a final judgment in the litigation. In this regard, the International Court of Justice unanimously voted in favor of Iran's request for provisional measure in the alleged violation of the Amity treaty of 1955, and required the United States to take the necessary measures regarding the free export to Iran of the humanitarian needs including pharmaceuticals, medical and health supplies, agricultural and food products and spare parts and essential equipment and services for national aviation safety. The present study has descriptively-analytically examined the main question of whether the provisional measure has been implemented or not. According to the findings of this study, the United States did not implement the order, and in this regard, the International Court of Justice has established a new mechanism to monitor and report on the implementation of this order.
Keywords
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