Week 10- Expropriation - Week 10: Diplomatic Protection and...

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Week 10: Diplomatic Protection and Expropriation -Generally accepted theory formulated by Vattel, which makes the injury to the national an injury to the nation and internationally therefore the claim a national claim whic may and should be espoused by the nation injured, must not be permitted to obscure fact ithat ultimate object is to provide reparation to claimant. Rankin v. Iran U.S v. Iran (1987) - Claimant American national employed by BHI, American company, in Iran at the time of fall of Shah's government and replacement by Islamic Revolutionary Government in 1979. The day after new Government took office, the claimant, who was still under contract to work for by BHI in Iran, requested and was granted by BHI permission to be evacuated from the country with other BHI employees. In this case, he claimed compensation for loss of salary and abandoned personal property resulting from his alleged expulsion from Iran contrary to international law. -A claimant alleging expulsion has burden of proving the wrongfulness of the expelling state's action, that it was arbitrary, discriminatory, or in breach of the expelling State's obligations. -Apply to situation in which individual alien's presence in the host country is made impossible because of conditions generated by wrongful acts of the State or attributable to it. -Ayatollah Khomeini returned to Iran in 1979 reported to have called for the departure of all foreigners. Policy implemented and implementation of this policy could, be violative of both proedural and substantive limitations on a State's right to expel aliens from its territory, as found in the provisions of the Treaty of Amity and in customary international law. -Must look at individual alien's reason for departure, make sure motivated by Iran. -CLAIM DISMISSED- The Tribunal finds that the Claimaint has not satisfied the burden of proving that the implementation of the new policy of the Respondent was a substantial causal factor in his departure from Iran. -RATHER, the turmoil and generally chaotic conditions associated with this crucial stage of the Revolution would appear to have been the 6motivating factor in the Claimant's decision to leave. *Generally accepted principle of international law- a state may expel an alien whenever it wishes, provided it doesnt carry out that expulsion in an arbitrary manner, such as doing so using unnessecary force. -State practice accepts that expulsion is justified: page 574 lists reasons EXPROPRIATION pg. 577 -Expropriation- the compulsory taking of private property by the state, is a phenomenon that became especially important in international law with the spread of socialism and the emergence of the post-colonial state. -In the 19th century, not just occasional taking of property from single foreigner.
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Week 10- Expropriation - Week 10: Diplomatic Protection and...

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