Volume 18, Issue 1 (2011)                   IQBQ 2011, 18(1): 83-102 | Back to browse issues page

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University
Abstract:   (2580 Views)
Abstract The present article will discuss the issue of compensation in cases of expropriation and nationalization in the light of the Iran-United States Claims Tribunal. It is a well recognized rule in international law that the property of alien cannot be taken without appropriate compensation. But, the standard of compensation for expropriated private property has been the subject of controversy between Western and developing countries since the end of World War II. In alters woads, the standard to be applied in determining compensation remained a controversial issue at a theoretical level. The main argument has been whether the traditional standard of full compensation is a general rule of law applicable in all cases. In this article, awards of the Iran-US Claims Tribunal have been wseof in an attempt to show that the prevailed rules defy any conclusion that full compensation must be paid in all cases when foreign property is taken by the State.
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Received: 2009/08/16 | Accepted: 2010/09/26 | Published: 2012/02/27