Book Name: Report on the Resolution of Outstanding Property Claims
Writer: Patrick J. Borchers
Both the Tribunal and the Court will be required to apply
rules of private global law in certain conditions.
While global law gives the general lawful structure to the Tribunal,
and the common law gives it to the Court,
there are a few conditions wherein the Court and the Tribunal may need to
look to other legitimate frameworks to give the applicable lawful principles.
See Wayne Mapp, The Iran-United States
Claims Tribunal: The First Ten Years 1981-1991, 107 (1993).
Article 1.1 of the Court and Tribunal instruments consider
claims dependent on seizure, improper impedance with property,
penetrate of agreement, and low improvement.
Unfair improvement is a term very much perceived
in the common law custom. Neither the Algiers
Declaration nor the Court or Tribunal instruments take into
account ward over tort claims.
For a more full clarification of this idea and its consideration
as a method of recuperation, see Part V.C.4.c., infra.
One of the commonly settled upon judges
was required to be chosen as President of the Tribunal.
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