The Islamic Republic of Iran v United States of America - Iran-United States Claims Tribunal (IUSCT) Partial Award No 604 in case No A15-II-A - Separate Opinion President Hans van Houtte - 10 March 2020
IRAN-UNITED STATES CLAIMS TRIBUNAL
SEPARATE OPINION OF HANS VAN HOUTTE
1. I write separately to set forth my reasoning concerning certain issues where it does not fully coincide with the reasoning expressed in the Partial Award.
2. My first comment concerns the interpretation of the term "all Iranian properties" in Paragraph 9 of the Declaration of the Government of the Democratic and Popular Republic of Algeria (General Declaration) ("Paragraph 9").
3. The Algiers Declarations' are to be interpreted in accordance with the Vienna Convention on the Law of Treaties (hereafter "VCLT"). The term "all Iranian properties", therefore, should be interpreted pursuant to the canons of Articles 31 and 32 of the VCLT.
4. I agree with the Partial Award's conclusion that the Tribunal has already interpreted the term "all Iranian properties" in Award No. 5292 to mean properties that "were solely owned by Iran". I also agree with the Partial Award's affirmation of that conclusion, where the Partial Award finds that considering its ordinary meaning - as mandated by Article 31, para. 1, of the VCLT - the term "all Iranian properties" covers all "tangible properties that were owned by Iran or its entities".
5. Consideration of the context of Paragraph 9 and the object and purpose of the General Declaration - in accordance with Article 31, paras. 1 and 2, of the VCLT - does not alter this conclusion.
Partial Award: The Islamic Republic of Iran v United States of America - Iran-United States Claims Tribunal (IUSCT) Partial Award No 604 in case No A15-II-A - 10 March 2020