Hostname: page-component-77c89778f8-7drxs Total loading time: 0 Render date: 2024-07-24T09:30:29.041Z Has data issue: false hasContentIssue false

The Iran-United States Claims Tribunal, 1981-1983. Edited by Richard B. Lillich. Charlottesville: University Press of Virginia, 1985. Pp. viii, 175. Index. $25. - American Hostages in Iran: The Conduct of a Crisis. By Warren Christopher, Harold H. Saunders, Gary Sick, Robert Carswell, Richard J. Davis, John E. HoffmanJr. , and Roberts B. Owen, with commentaries by Oscar Schachter and Abraham A. Ribicoff. Published under the auspices of the Council on Foreign Relations. New Haven and London: Yale University Press, 1985. Pp. xiv, 443. Index. $25.

Published online by Cambridge University Press:  27 February 2017

Jack M. Goldklang*
Affiliation:
U.S. Department of Justice

Abstract

Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Book Reviews and Notes
Copyright
Copyright © American Society of International Law 1987

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

* The views expressed are not necessarily those of the Department of Justice.

1 Walker, Book Review, 76 AJIL 460 (1982).

2 Although there were multiple documents, they will be referred to collectively as the “Agreement.”

3 24 Va. J. Int’l L. 1 (1983). About 60% of the book has previously appeared in journals. References to recent developments and to more recent literature by contributors to this book can be found in a review by Professor Damrosch appearing at 24 Colum. J. Transnat’l L. 429(1986).

4 Some of these realities are recognized in a later essay by Professor Lowenfeld.

5 Henderson, Iran Compensates U.S. Firms, Wash. Post, Oct. 10, 1985, at A8, col. 5.

6 Dames & Moore v. Regan, 453 U.S. 932 (1981).

7 One contributor, Gary Sick, has since turned his recollections into a valuable book-length account. Sick, G., All Fall Down: America’s Tragic Encounter with Iran (1985)Google Scholar. Half the book reviews U.S. relations with Iran prior to the seizure of the hostages. In the remainder, Sick has documented the Government’s reaction to the seizure, providing what will be the definitive account of who attended which meeting and drafted which cable. He draws on his own extensive background as National Security Council “notetaker” at high-level meetings and has also checked all the other pertinent memoirs and records. Sick is able to sustain an interesting narrative that describes the tension and the infighting. He expressly disclaims analyzing the legal issues, noting that when such questions arose, “those of us without specialized training frequently felt that we were listening in on a foreign language” (pp. 310, 358).

8 Consultation with any more than a select group of congressional leaders has never been attempted. 4A Op. Off. Legal Counsel 127 (1980).

9 The Situation in Iran: Hearing Before the Senate Committee on Foreign Relations, 96th Cong., 2d Sess. 4, 48 (1980).

10 Unfortunately, the format of the book did not appear to have permitted the kind of documentation that Professor Schachter no doubt would have provided had his piece appeared in the pages of this Journal.

11 1980 ICJ Rep. 3, paras. 14, 57, 64 and 91 (Judgment of May 24).

12 Statement by Secretary Haig, Dep’t St. Bull., Feb. 1981, at G.

13 This opinion was not made public at the time but has recently been published as part of 264 pages of introduction and opinions relating to Iran. 4A Op. Off. Legal Counsel 69–333 (1980). The wide variety of opinions on international law and related domestic legal problems provide a continuing insight into how the Executive viewed its legal position at various times during the crisis. It serves as a useful supplement to books like American Hostages in Iran, which has no statement from a Justice Department participant and virtually no references whatever to the role that the Justice Department played.

14 8 ILM 679 (1969).

15 1980 ICJ Rep. 3, paras. 74, 87 and 91.

16 Report of the International Law Commission on its 18th Session, [1966] 2 Y.B. Int’l L. Comm’n 169, 247.

17 Dep’t St. Bull., Mar. 1981, at 17.

18 Exec. Order No. 12,294, 46 Fed. Reg. 14,111 (1981).