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The Jurisprudence of the Iran-United States Claims Tribunal$
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George H. Aldrich

Print publication date: 1996

Print ISBN-13: 9780198258056

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198258056.001.0001

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Expropriations, Takings, and Deprivations of Property

Expropriations, Takings, and Deprivations of Property

Chapter:
(p.171) 5 Expropriations, Takings, and Deprivations of Property
Source:
The Jurisprudence of the Iran-United States Claims Tribunal
Author(s):

GEORGE H. ALDRICH

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198258056.003.0006

The Islamic Revolution that toppled the Shah of Iran and, in February 1979, saw the formation of the Islamic Republic gave rise to the expropriation claims presented to the Iran–United States Claims Tribunal. In those circumstances, various actions by the new Iranian authorities affected adversely the property interests of many Americans. It should also be noted that, by the time the first claims for expropriation or other takings of property began to be decided by the Tribunal in late 1983, the interference with property rights had endured for at least three years or more. Consequently, the often difficult question of when allegedly temporary interference with the rights of property owners should be considered to have ripened into a compensable taking or deprivation of those rights rarely troubled the Iran–United States Claims Tribunal. This chapter examines the Tribunal’s Decisions by drawing together holdings in different cases on the same or similar issues.

Keywords:   Islamic Revolution, expropriation, property rights, claims, deprivation, Decisions, taking

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