INHERENT POWERS OF NATIONAL AND INTERNATIONAL COURTS: THE PRACTICE OF THE IRAN-US CLAIMS TRIBUNAL
This chapter begins with a brief overview of the concept of inherent powers. It then examines the relevant practice of the Iran–US Claims Tribunal (IUSCT). The IUSCT has assumed inherent powers in a great number of circumstances and procedural configurations. The evolution of its relevant practice exhibits two distinct, yet interrelated trends. At first it would seem the IUSCT merely claimed and reserved inherent powers without actually deploying them, primarily in the absence of authority provided by the Tribunal's Rules. Nonetheless, when it did make use of such powers, it felt the need for support drawn from the ample practice of similar courts and tribunals operating for ‘protracted periods’, as well as from academic writings. At a later stage, the IUSCT increasingly invoked its own prior decisions as precedents.
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