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Original Articles

Issues of Compensation and Nationality in the Taking of Energy Investments

Pages 241-250 | Published online: 08 Jun 2015

  • Preliminary Objection, I.C.J. Reports 1969, p. 6; Second Phase, I.C.J. Reports 1970, p. 3.
  • I.C.J. Reports 1989, p. 15.
  • I.C.J. Reports 1989, p. 86.
  • Article VII(2). The Declaration is reprinted in 1 Iran-US Claims Tribunal Reports 9.
  • P.C.I.J., Series A, No. 17, p. 4, especially at pp. 46–54.
  • Ibid., p. 46.
  • Paragraph 103. 21 Iran-US C.T.R. 79.
  • 8 Iran-US C.T.R. 385.
  • Ibid., 391.
  • Ibid., 390.
  • One of the arguments adduced against the present analysis of the relationship between valuation and compensation is that, before “property” can be valued, it must be defined. The definition of property, at any rate in this context, so the argument runs, is such as to exclude the revenue-earning features of the property involved. The property is said to be represented only by its net book value. This argument—which the present author does not accept—raises issues of such breadth and complexity that they cannot satisfactorily be covered within the present article; and the author will seek to return to them on another occasion.
  • Though all who both practice and write no doubt feel that their professional activity is unlikely to affect the objectivity of their academic views, it is proper that 1 should at this point mention that I have appeared as counsel for claimants in the Iran-US Claims Tribunal who have valued their claims on a DCF basis.
  • 4 Iran-US C.T.R. 122 and 16 Iran-US C.T.R. 189.
  • Decided by Chamber Two, presided over by the late Professor Virally. 15 Iran-US C.T.R. 189.
  • 21 Iran-US C.T.R. 79 (June 29, 1989).
  • Para. 220, 15 Iran-US C.T.R. p. 256.
  • At para. 112.
  • 66 International Law Reports 518.

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