SEPARATE OPINION OF JUDGE AD HOC BROWER
Clean hands Incomplete references in support of the Respondent’s argument Judge Hudson’s individual opinion Limitation not satisfied.
Article XX of the Treaty of Amity Article XX is not a jurisdictional limitation because not self–judging Parties could have drafted Article XX as a self–judging clause Other treaties on commercial matters contain self–judging clauses.
SEPARATE OPINION OF JUDGE GEVORGIAN
SEPARATE OPINION OF JUDGE ROBINSON
Whether a question of an alleged violation of sovereign immunity of a State enterprise such as Bank Markazi concerns the interpretation or application of the Treaty of Amity Article XI, paragraph 4, of the Treaty of Amity A contrario interpretation Object and purpose of the Treaty.
1. In this opinion, I explain my disagreement with the finding in point (2) of the dispositif, which upholds the second preliminary objection to jurisdiction made by the United States of America (hereinafter the “United States”).
DECLARATION OF JUDGE GAJA
Jurisdiction of the Court Claims relating to alleged rights of Bank Markazi under Articles III, IV and V of the Treaty of Amity Applicability of these provisions for the purpose of deciding on a preliminary objection Sovereign and business activities of Bank Markazi.
JOINT SEPARATE OPINION OF JUDGES TOMKA AND CRAWFORD
INTERNATIONAL COURT OF JUSTICE
CASE CONCERNING
CERTAIN IRANIAN ASSETS
(ISLAMIC REPUBLIC OF IRAN V. UNITED STATES OF AMERICA)
ANNEXES TO THE OBSERVATIONS AND SUBMISSIONS
ON THE U.S. PRELIMINARY OBJECTIONS
SUBMITTED BY THE ISLAMIC REPUBLIC OF IRAN
01 SEPTEMBER 2017
IN THE NAME OF GOD
INTERNATIONAL COURT OF JUSTICE
CASE CONCERNING
CERTAIN IRANIAN ASSETS
(ISLAMIC REPUBLIC OF IRAN V. UNITED STATES OF AMERICA)
ANNEXES TO THE OBSERVATIONS AND SUBMISSIONS
ON THE U.S. PRELIMINARY OBJECTIONS