Legal Aspects of International Business and Enterprise Case Analysis

This case analysis examines the Republic of Iran v. United States of America (2003) case, discussing the issues, facts, rules of application, and analysis of the case. The report highlights the importance of international law in promoting good investments and reducing the cost of production. The case involves the breach of bilateral liabilities under the Treaty of Harmony, trade, business parameters, and maritime exploration. Desklib offers access to solved assignments, essays, and dissertations on Legal Aspects of International Business and Enterprise.

Legal Aspects of
International Business
and Enterprise

Table of Contents
.........................................................................................................................................................1
INTRODUCTION..........................................................................................................................2
MAIN BODY...................................................................................................................................3
Issues and facts of the Case- ..........................................................................................................3
Rule of Application- .......................................................................................................................4
Analysis-......................................................................................................................................5
CONCLUSION ..............................................................................................................................6
REFRENCES.............................................................................................................................7
Books and Journal............................................................................................................................7

INTRODUCTION
The rapid increase in International Trade and Commerce, gives the regulations of
International Law, the objective of this law is to promote affluence, nature of good investments.
The dynamic mechanism of International Law, falls into the scattered division of Private
International Law and Public International Law. Admittedly, there is significantly role
imbricating the characteristics between these two categories. The postulates of international
trade, are dismaying and formidable, A trade generally starts with initiating a contract of sale,the
legal parameters of private trade, brings about the rights and liabilities on the global traders
adventure capitalist prima facie. There is need of an implemented instrument as in the form of
directives, which will most certainly conclude and straighten out the disputes of regulations
between individuals belong to varied form of legal systems. Division of Labour and
Specializations are two related legal principles in relation with the international trade. Promoting
reduction in the cost of production. The current examination will be considered of the case
analysis of Republic of Iran v. United States of America (2003), this report will critically
examine he facts of the case in IRAC formatting, the pattern includes the facts of the case, the
application of rules and the findings of the case (Garbellini,2021).
MAIN BODY
Background of the dispute
Issues and facts of the Case-
The present case was Republic of Iran v. United States of America (2003), The Republic of
Iran, carried out proceeding by filling an application in the court office against United States, in
regard to the issue of USA damaging the Iranian Oil Platforms. Legalities by supportive nature
available to Iran instates the jurisdiction in front of the court by the Treaty of Amity, the
initiation of Lucrative (Economical) and Delegated rights between the United States and Iran
were documented at Tehran, in the formation of that treated signed, Iran was ostensibly claimed
that the oil rigged were diminished entirely from the fault warships of United States (Mistry,
2020). In the year of 1988, the representation of almost three oil rigged combinations were
hindered, which were functioned and owned by the National Iranian Oil Company (Amr, 2021).

On the account of it there was violation of innumerable provisos of the Treaty of Amity, which
was earlier signed by both the countries, and most certainly there was breach occurred in the
facilitations of Internal Law, affecting the trade and commerce relations of International between
the two countries, establishment of the Time-Limits were instituted for filling the pleadings in
expressed form, eventually the facts of this case states , that the time-limit were extended
(Zimmermann,Tams, Oellers-Frahm, and Tomuschat,2019).
Primarily, after the extension of the limit of time , previously presented (Bootwala,
2020).The United States, got ahead of themselves and filed an preliminary objection within the
jurisdiction of the court of law, keeping in with the regulations of Court Rules instituted in
Article 79 , the court of law rejected objection filed by the US, states on the grounds of dircetive
prescribed under Treaty of 1955, followed by article 21 undermined in it, to subsequently relate
the claims made by Iran republican under Article 10 , followed in the paragraph 1, of that
Treaties made by the parties, the court of law regulated a time span till the July 1,1994 as their
prescribed deadline of the given time limit, within that period The Iran has to be submit an
application filed written submissions, relating to the objection which was filed by the US. In the
ongoing formulating proceedings , The US took the plea in their counter claims, which
determined, Measures took by Iran in Gulf during the year of 1987-1988 which involved the
attack done by Iran on the mining and followed by other attacks as well on the forces crafts, the
court found the current suffix satisfactory on the ongoing proceedings, as well as the ICJ
examined the claims by United States , in regard to the proceedings in the court of law,
instructed Iran to abide a reply and with that the court instructed US to accede a rejoinder. In
addition to the current scenario of the pleadings , there was insight of second written counter
claim , ensuring there has be instated a equality between the parties of this case, and significantly
safeguarding the rights of Iran (Prott, 2019).
Objections made by the United States, to the Justice Court, head in Hague, which deals
with the cases of international nature (ICJ), performing the administration on legal front over the
conflict, proclaiming that the conflict arise to be in the purview of global laws, on the use of
force or use of ammunitions rather than the purview of Treaty of Amity, signed between the
countries (Mishra, Vinzé,Gupta and Menon,2021).

Rule of Application-
The forbidding put on the use of applied force which is prescribed in the directives of
international law is represented in the traditional global law and in the Charter of UN (Article
2(4)), but it does not cover , forfeiting of a states exercising the right of self defence , the
reinstatement of the duties and requirements of the self security in the customary international
statues , is states in the case of Nicaragua v United States of America (Li,2019). The clear
protection of the UN Charter, with involving the Article 51 abstraction from Article 2 (4). on the
distinctive situation arrived in regard to security council and looking after the action of US
amount to legality of Iran. Under the arrangements of Chapter 7 of the Charter by UN, states that
the force is used to safeguard or reinstating international tranquillity and security depending on
the directives concede by the UN Security Council (Dzwigol, Dzwigol-Barosz, and
Kwilinski,2020).
The objective of Article 20, was briefly discussed in the Nicaragua case, in the case (Nicaragua
v. United States of America, as in the mentioned of concord between Nicaragua and the US
(Torbat, 2020).
Subsequently, the formulations of Article 20 of the concord of amity between Iran and the US,
states
The concord shall decline to restrict or rule out any of the parameters which are mentioned
below:
(a) Import and Export of gold and silver,
(b) Shall not relate to any radio-active by products
(c) No involvement in arms. Ammunitions of war, or any relatable material which is used in
military
and the last states, similar functioning the Article I, (d) the necessary obligation is to be fulfilled
by the contracting parties , is that maintaining or restoring or preserving the international security
and peace and more peculiarly safeguarding the essentials of security interests.
Analysis-
In the factual circumstances and the difference of opinion mentioned above, Iran
requested the court of law, to adjudicated on the footing of, the court of law has the
administration to look after the Treaty of Amity, which will eventually which will beguile the
conflicts and consider the submissions which are made by Iran, that the diminishing and rolled

out rupturing the oil platforms, which was all mentioned in the statements mentioned by Iran.
The United States has breached the liabilities to Iran, Under the Article 1, 4 (1) and 10 (1) of the
formulations of Treaty of Harmony and on the groundwork of international law. The postulates
of international law which will be involving the doctrines of customs is known as customary
international law. The defence of counter claim were made on the statues of Chapter 12.
The Article 1, hold immense important as on the entire case, it speaks about the moral values
which a country should definitely, which will result in the development ans reduce the disputes.
It sates, there shall be for, harmony and budding affability between United States and Iran
republican (Vallina - Hernandez, de la Fuente - Mella, and Fuentes-Solís, 2020).
The Article IV(1), talks about that the contacting parties of the treaty, which are Iran and United
States of America, shall at all times respect and provide fair treatment to the nationals and the
organizations of each other , as well as the property and organisation shall not be putting any
unreasonable or differentiating parameter that would hinder the legally attained rights and shall
not damaged any affordable legalities of rights and duties or interests.
And as for the Article X(1), it says that there should be prerogative of trade, merchandising and
exploration trough shipping between the contracting parties.
CONCLUSION
On the mentioned date of 5 March 2003, on the grounds of the claim asserted by Iran
republican and the cross action claims introduced by the America, US appealed to the court of
law to adjudicate' that the America did not violate any of its liabilities in respect to the The Iran
republican, applying the protocol of Article 10, para (1), withholding the concord of 1955, and
that the claims which are presented by the Iran republican, are terminated accordingly
(Kandogan, and Hiller, 2018).
In the key findings of the Curt of Justice handling's the international matters, in the year of
1986 against the United States of America, in Nicaragua case, the mentioned court of law
looked at insights of this case as precedent, where the bearing issue in the light was the using of
force under the circumstances of self-defence, and whereas the outcomes of the Oil platforms
case were eventually looking similar on this surface as well, in the Nicaragua case, the court

apprehended rejected the arguments and written statements of the United Sates of America, the
activities done by US are not be justified as Collective Defence, Just as the case supra, in the Oil
Programme Case, as well as with similar facts in the Nicaragua Case, the contrasting nature of
activities which is carried out by US, such as tanking-bombing, secret mining lay and restriction
on the trade. In the findings of court there was breach of the liabilities inter alia, under the view
holding of customary international law, which lays brings about regulations for not purging
Sovereignty of any another state, not to interfere with the occurrence or phenomena of another
state, not to rupture the peace accord of the trade and not to force oneself on another state.
Furthermore, in the held scenario , it was seen that the America, infringed the bilateral liabilities
under the Treaty of harmony, trade, business parameters and maritime exploration .
The field of vision of the court of law, hereinafter the ICJ, the entire case legalities are not
just based on the commerce, business or trade parameters of both the countries, the Iran
republican and the country of America, the relevancy of this matter is somehow between the
transition in the middle of the republic and a halfway purchaser and the US and a halfway seller
. (Su, 2020).
REFRENCES
Books and Journal
Garbellini, N., 2021. International trade as a process of choice of technique. Structural Change
and Economic Dynamics, 59, pp.42-50.
Mishra, A.K., Vinzé, A.S., Gupta, R.S. and Menon, R., 2021. Advances in Innovation, Trade and
Business. Springer International Publishing.
Vallina-Hernandez, A.M., de la Fuente-Mella, H. and Fuentes-Solís, R., 2020. International trade
and innovation: delving in Latin American commerce. Academia Revista
Latinoamericana de Administración.

Su, Y., 2020. CROSS-CULTURAL COMMUNICATIONS IN INTERNATIONAL TRADE.
In ЭКОНОМИЧЕСКИЙ ФОРУМ (pp. 64-66).
Zimmermann, A., Tams, C.J., Oellers-Frahm, K. and Tomuschat, C. eds., 2019. The Statute of
the International Court of Justice: A Commentary. Oxford University Press.
Prott, L.V., 2019. The future of the International Court of Justice. In The Year Book of World
Affairs 1979 (pp. 284-303). Routledge.
Amr, M.S.M., 2021. The role of the International Court of Justice as the principal judicial organ
of the United Nations. BRILL.
Mistry, H., 2020. Additional opinions and judicial diversity at the International Court of Justice:
a research methodology. Oxford University Press (OUP).
Dzwigol, H., Dzwigol-Barosz, M. and Kwilinski, A., 2020. Formation of global competitive
enterprise environment based on industry 4.0 concept. International Journal of
Entrepreneurship, 24(1), pp.1-5.
Li, X., 2019, January. The Mode Study of Training Foreign Trade Talents by University-
enterprise Cooperation under the Background of" Belt and Road". In 2018 6th
International Education, Economics, Social Science, Arts, Sports and Management
Engineering Conference (IEESASM 2018) (pp. 72-77). Atlantis Press.
Kandogan, Y. and Hiller, J., 2018. Alliances in international governmental organizations,
regional trade agreement formation, and multinational enterprise regionalization
strategy. Journal of International Business Studies, 49(6), pp.729-742.
Bootwala, M., 2020. The Iran problem: an evaluation of US sanctions on Iran and global
reactions. Georgetown Journal of International Affairs, 21, pp.136-141.
Torbat, A.E., 2020. Politics of Oil and Nuclear Technology in Iran. Palgrave Macmillan.