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Loie Fuller: The Art of Illusion * Known for her innovative use of fabric, light, and color to create captivating visual illusions in performance. * Her work emphasized the image created rather than the physicality of the dancer's body, marking a shift in performance art. * Patented several costume and set designs, including the iconic Serpentine dress and the glass floor for Fire Dance, showcasing her ingenuity. * Premiered notable works such as The Serpentine (1889) and Fire Dance (1895), which were pivotal in her career. * Succeeded in creating an aesthetic transformation, emphasizing individual interpretation of visual experiences. Isadora Duncan: The Mother of Modern Dance * An eccentric figure who rejected traditional ballet, favoring movement inspired by emotion and nature's rhythms. * While she did not create a new dance technique, she introduced a new motivation for movement, rooted in nostalgia for Ancient Greece. * Her philosophy emphasized that motion should be driven by emotion and expressed through the entire body, leading to a more natural form of dance. * Duncan's choreography was improvisational, focusing on feeling over form, and drew inspiration from her childhood innocence. * Her performances in St. Petersburg (beginning in 1904) inspired contemporaries like Fokine and Nijinsky, influencing the broader dance community. * Left a legacy of natural, emotional dancing, characterized by bare feet and flowing costumes, as seen in works like Ballspiel (1906) and Five Brahms Waltzes. The Denishawn School and Its Legacy Ruth St. Denis and Ted Shawn: Pioneers of Dance * Ruth St. Denis was captivated by exotic and oriental themes, famously inspired by an Egyptian cigarette poster featuring the goddess Isis. * Her dance Radha was a significant work that launched her career, showcasing her understanding of spectacle and audience engagement. * Ted Shawn played a crucial role in introducing men to professional dance, emphasizing powerful and athletic movement. * He founded an all-male dance company, Ted Shawn and His Male Dancers, and was a driving force behind the Denishawn School. * Shawn established Jacob’s Pillow, a significant dance venue in Massachusetts, which remains influential today. * Their collaboration and individual contributions helped shape the landscape of American dance. The Denishawn School: A Foundation for Modern Dance * Established in Los Angeles in 1915, Denishawn was the first dance school in the U.S. to produce a professional company. * The curriculum included a variety of styles, with a typical day comprising stretching, ballet, Oriental dance, and yoga meditation. * The school closed in 1919, but the Denishawn Company continued to tour, becoming the first U.S. company to perform in the Orient in 1925. * The school created a lineage of dancers, including Martha Graham and Doris Humphrey, who would further develop modern dance. * Denishawn's approach combined various techniques, allowing for a diverse exploration of movement and expression. * The legacy of Denishawn is evident in the evolution of modern dance and its emphasis on personal expression. The Big Four: Shaping Modern Dance Doris Humphrey: The Architect of Dance * Studied at Denishawn from 1917 to 1928, where she formed a creative partnership with Charles Weidman. * Known for her movement theory of 'fall and recovery,' which emphasizes the dynamics of balance and gravity in dance. * Established the Humphrey-Weidman Company in 1928, focusing on structure and technique in choreography. * Authored The Art of Making Dances, which codified choreographic design and emphasized ensemble work over solo performance. * Her choreography often explored themes of human experience and emotion, as seen in works like Water Study (1928). * Left a significant impact on modern dance through her innovative techniques and teachings. Martha Graham: The Psychological Pioneer * Studied at Denishawn from 1916 to 1923, where she developed her unique style of modern dance. * Her first concert as an independent artist in 1926 marked the beginning of the 'Heroic Age' of modern dance. * Graham's choreography often drew from psychoanalysis, focusing on the inner emotional landscape and reinterpreting patriarchal narratives. * Developed the Graham Technique, centered on contraction and release, which became the first codified modern dance technique. * Her company is recognized as the first truly modern dance company, celebrating its centennial milestone. * Graham's legacy includes a profound influence on the perception of dance as a serious art form. Ausdruckstanz and Its Influencers Rudolf Laban and Mary Wigman: Movement Innovators * Ausdruckstanz, or 'expressive dance,' emerged as a response to the cultural movements of the early 20th century, paralleling American modern dance. * Rudolf Laban, a movement scientist, developed a system of movement training and Labanotation for dance notation. * Laban's Movement Choirs allowed for structured improvisation, making dance accessible to all, regardless of training. * Mary Wigman, Laban's student, became a leading figure in German dance, known for her harsh and grotesque style. * Wigman's work often explored apocalyptic themes and the validity of all movement, including the ugly. * The rise of Nazism interrupted the development of Ausdruckstanz, impacting both Laban and Wigman's careers. Hanya Holm: Bridging Cultures in Dance * A student of Mary Wigman, Holm opened the Wigman School in NYC, later renamed the Hanya Holm School of Dance. * Known for her teaching talent, she blended American objectivity with German subjectivity in her methods. * Holm's approach produced highly skilled dancers, emphasizing detailed movement and expression. * Her influence extended through her students and the techniques she developed, contributing to the evolution of modern dance. * Holm's legacy is marked by her ability to adapt and innovate within the dance community. Key Influential Choreographers José Limón * Notable works include The Moor’s Pavane (1949), There is a Time (1956), and Missa Brevis (1958). * Developed the Limón Technique, which emphasizes movement through positions rather than the positions themselves. * Integrates breath (inspired by Doris Humphrey) and gesture (inspired by Charles Weidman) into dance. * Core principles include breath, fall and recovery, succession, and opposition, promoting a holistic approach to movement. * Describes the body as an orchestra, highlighting the importance of coordination and expression in dance. Lester Horton * Born in Indianapolis and moved to Los Angeles in 1928, where he became influenced by Native American cultures. * Inspired to pursue dance after witnessing a Denishawn performance, leading to the creation of the Horton Technique. * Established the first interracial dance company and the Lester Horton Dance Theater, which was the first venue dedicated to modern dance. * Horton Technique focuses on body actions viewed artistically, emphasizing anatomy and conditioning in exercises. * Known for the 17 Fortifications, which include movements like flat backs and lunges, producing versatile and articulate dancers. Katherine Dunham * A pioneer in integrating Black dance traditions into modern dance, she is recognized as the first dance anthropologist. * Conducted research in the West Indies, studying dance as a cultural expression, supported by fellowships from the University of Chicago. * Founded the Katherine Dunham Dance Company and the Dunham School for Arts and Research in 1945. * Major contributions include paving the way for Black dancers and establishing dance anthropology as a field of study. * Developed the Dunham Technique, which combines ballet and modern dance with Afro-Caribbean movements, often accompanied by jazz or polyrhythmic percussion. Modern Dance Techniques Horton Technique * Focuses on the body and its basic actions, viewed through an artistic lens, with a strong emphasis on anatomy and conditioning. * Inspired by 'primitive' cultures, it incorporates movements that reflect these influences. * Training includes foundational movements such as flat backs, lateral T, and lunges, aimed at creating dancers who are 'long and strong'. * The technique promotes versatility and fluidity in movement, allowing for detailed expression. * The Horton class at Butler University exemplifies the application of this technique in a structured learning environment. Limón Technique * Emphasizes movement through positions rather than static positions, focusing on the flow of movement. * Integrates breath and gesture, creating a dynamic interplay between the two. * Built on principles of fall and recovery, succession, and opposition, which are essential for expressive movement. * The concept of the 'body as an orchestra' highlights the importance of coordination and musicality in dance. * Instruction in this technique encourages dancers to explore their physicality and expressiveness. Dunham Technique * Combines principles of ballet and modern dance with a focus on torso isolations and Afro-Caribbean movements. * Musical accompaniment typically features jazz or polyrhythmic percussion, enhancing the cultural fusion in the dance. * The technique showcases a blend of American dance and Black dance heritage, enriching the modern dance landscape. * Dunham's work emphasizes the importance of cultural context in dance, reflecting her anthropological background. * The technique has influenced many dancers and choreographers, expanding the scope of modern dance. Postmodern Dance Movement A Postmodern America * Emerged in 1945, following WWII, characterized by skepticism and socio-political unrest. * Youth culture began to rebel against the traditional values of their parents, leading to significant cultural shifts. * Key events of the 1960s, such as the Women's and Civil Rights Movements, shaped the artistic landscape. * The assassinations of prominent figures like JFK, MLK, and Malcolm X, along with the Vietnam War and Cuban Missile Crisis, influenced the themes in postmodern art. * This period marked a departure from traditional narratives in dance, paving the way for new forms of expression. Merce Cunningham * Regarded as a revolutionary figure in the arts, comparable to Picasso and Stravinsky, he danced with Martha Graham from 1939 to 1945. * Challenged the necessity of meaning in dance, often at odds with the groundedness of Graham's technique. * Founded the Merce Cunningham Dance Company in 1953, which continued until 2011, following his wishes for a legacy tour. * His technique blends ballet and modern styles, emphasizing verticality and clarity of form. * Cunningham's choreography often utilized chance methods, allowing for equality among movements and ideas. Paul Taylor * Danced with Graham, Cunningham, and Balanchine, becoming a significant figure in modern dance. * His choreography reflects a unique blend of influences, resulting in a distinctive style that remains relevant today. * Taylor's work is characterized by openness to movement possibilities, creating a varied body of work. * While he did not codify a specific technique, his signature style incorporates balletic ideas with a more connected performance feel. * His choreography often features a two-dimensional aesthetic and specific movement shapes, such as the Taylor V. The Judson Dance Theater and Grand Union Characteristics of Postmodern Dance * Rejects the boundaries between high and low art, promoting a more inclusive artistic dialogue. * Emphasizes process over product, focusing on the exploration of ideas rather than traditional narratives. * Disregards the boundaries between different art mediums, allowing for a fusion of styles and expressions. * The Judson Dance Theater served as a public performance space for experimental movement artists, fostering innovation in dance. * Grand Union furthered these ideals, creating a collaborative environment for diverse artistic expressions. Overview of Postmodern Dance Key Characteristics of Postmodern Dance * Emphasizes process over product, valuing the journey of creation rather than the final performance. * Rejects formalism and traditional labels, allowing for a broader interpretation of what dance can be. * Embraces the ephemeral nature of dance, recognizing that each performance is unique and transient. Historical Context and Key Figures * The dominant period of postmodern dance was from 1962 to 1964, with significant performances starting on July 6, 1962. * Key artists include Yvonne Rainer, Steve Paxton, and Trisha Brown, who were instrumental in shaping the movement. The Grand Union Collective * Formed from a project initiated by Yvonne Rainer, emphasizing collaboration and close working relationships among members. * Operated from 1970 to 1976, with performances that were entirely improvised, showcasing the spontaneity of the art form. * Members included prominent figures like Rainer, Paxton, and Brown, who contributed to the collective's innovative approach. Influential Artists and Their Contributions Yvonne Rainer * Rainer is considered the most significant figure of the Judson Dance Theater era, known for her shift from traditional techniques to more accessible forms of dance. * Her 'No Manifesto' articulated the principles of postmodern dance, advocating for a rejection of conventional aesthetics. * 'Trio A' (1966) is her most famous work, characterized by its minimalist approach and focus on movement rather than narrative. Steve Paxton and Contact Improvisation * Paxton founded Contact Improvisation (CI) in 1972, which emphasizes a shared experience between dancers, alternating roles of giving and receiving weight. * CI encourages uninhibited movement and connection, allowing for personal expression and exploration. * The lack of codification in CI promotes diverse teaching methodologies, making it adaptable to various styles. Trisha Brown * Brown is a leading figure in postmodern dance, known for her innovative use of improvisation as a choreographic tool. * Her technique focuses on gravity, exploring how to release into it and its effects on the body. * 'Set and Reset' (1983) is a hallmark of her work, showcasing collaboration with artists like Robert Rauschenberg and Laurie Anderson. The Evolution of Dance Styles The Balanchine Legacy * George Balanchine's neoclassicism transformed ballet, making it more athletic and less courtly, influenced by modern and jazz dance. * His work laid the foundation for the New York City Ballet (NYCB) and inspired emerging choreographers like William Forsythe. * Arthur Mitchell, the first African American ballet star at NYCB, founded the Dance Theatre of Harlem, integrating African American traditions into ballet. Twyla Tharp's Innovations * Tharp emerged from the postmodern movement, merging its ideas with ballet to expand the boundaries of both forms. * Founded Twyla Tharp Dance in 1965, focusing on space, time, and pedestrian movement. * Her work emphasizes creativity and improvisation, showcasing a blend of various dance styles. Contemporary Dance Practices Contemporary Training Techniques Technique Name Description Countertechnique Investigates principles of dynamic balance. Gaga Improvisational, rooted in descriptive imagery. Flying Low Focuses on using the body’s natural spiralic energy. Release Technique Centers on breath and fluidity through the joints. FoCo Technique Merges concepts from Chinese classical and modern. Somatic Practices Prioritizes feeling and sensing over visual cues. Commentary Through Choreography * Dance serves as a vessel for social commentary, addressing various social, political, and global issues. * The universal language of the body allows for a performance platform that transcends cultural barriers. * Choreographers often engage in deep research to elevate their work beyond mere entertainment, creating pieces that are literal, abstract, or metaphorical. Social Justice in Dance Bill T. Jones and His Impact * Bill T. Jones is a prominent choreographer known for using dance as a vehicle for social change, particularly during the AIDS epidemic. * His work often incorporates elements of performance art, including spoken word and multimedia. * Founded the Bill T. Jones/Arnie Zane Dance Company in 1982, which continues to thrive today. Notable Works by Bill T. Jones * 'D-Man in the Waters' (1989) addresses the aftermath of personal loss and the AIDS crisis. * 'Last Supper at Uncle Tom’s Cabin/The Promised Land' (1990) explores themes of suffering and faith. * 'Still/Here' (1994) emerged from workshops with terminally ill individuals, gaining notoriety for its poignant exploration of mortality. * His recent work, 'Deep Blue Sea' (2021), reflects on social justice issues during the COVID-19 pandemic and the Black Lives Matter movement. Undergraduate Study in Dance Degree Types and Focus Areas * Bachelor of Fine Arts (BFA): Emphasizes performance and choreography, preparing students for careers in dance performance and creative roles. * Bachelor of Arts (BA): Balances performance with a broader liberal arts education, allowing for a more diverse academic experience. * Bachelor of Science (BS): Focuses on scientific and quantitative studies, often including courses in dance sciences like kinesiology and movement therapies. Core Coursework in BFA Programs * Dance Technique: Varies by program, covering various styles and foundational skills. * Choreography: Includes practical experience in creating dance pieces, often with a focus on Dance for Camera. * Dance Pedagogy: Prepares students for teaching dance, covering methods and educational theories. * Anatomy and Kinesiology: Essential for understanding the physical body in relation to dance, enhancing performance and injury prevention. Additional Opportunities in Undergraduate Programs * Performance Opportunities: Students can perform in works by faculty, guest artists, and peers, gaining practical experience. * Masterclasses and Guest Lectures: Exposure to industry professionals enhances learning and networking. * Internships: Provide real-world experience and professional connections in the dance field. Graduate and Doctoral Study in Dance Types of Graduate Degrees * Master of Fine Arts (MFA): A terminal degree focusing on performance and creative research, essential for advanced artistic careers. * Master of Arts (MA): Often a stepping stone to Ph.D. work, focusing on liberal arts research or non-performance areas like Movement Therapy. * Ph.D. in Dance: Terminal degree for those pursuing research in educational, historical, or anthropological aspects of dance. Importance of Terminal Degrees * Terminal degrees are crucial for teaching positions in higher education, ensuring educators have advanced knowledge and skills. * They provide a pathway for specialized research, contributing to the academic field of dance. Transferable Skills from Dance Training Key Skills Developed * Time Management: Balancing rigorous training schedules with academic responsibilities. * Teamwork and Collaboration: Essential for group performances and choreographic projects. * Creative Thinking: Developing innovative solutions in choreography and performance. * Leadership: Opportunities to lead projects or direct performances enhance leadership skills. Career Opportunities in Dance Diverse Career Paths * Performance: Opportunities as company dancers or freelance artists in concert and commercial settings. * Choreography: Roles as resident choreographers or freelance artists, including dance filmmaking. * Teaching: Positions in private studios, public schools, and higher education, including curriculum development. Complementary Fields * Physical Therapy and Exercise Science: Important for injury prevention and rehabilitation for dancers. * Technical Theater: Involves stage management, costume design, and lighting design, supporting dance productions. * Nutrition and Dietetics: Essential for maintaining health and performance levels in dancers. Challenges in the Dance Industry Key Challenges Faced * Funding: Securing financial support for training and performances remains a significant hurdle. * Societal Perception: The relevance of artists is often questioned, impacting funding and support. * Job Stability: Economic factors and the nature of the industry can lead to instability in careers. The Evolution of Dance Categories Traditional Definitions * Concert Dance: Focuses on artistic expression in formal settings, traditionally dominated by ballet and modern styles. * Commercial Dance: Aimed at mainstream audiences, includes hip hop, street dance, and Broadway, requiring different training focuses. Blurring the Lines Between Categories * The rise of versatile training in the 1980s and 1990s has led to a blending of concert and commercial styles. * Shows like So You Think You Can Dance have increased exposure for dancers, allowing them to cross between genres. Dance as Sport Athleticism in Dance * Professional dance requires physical attributes similar to those in traditional sports, including strength, endurance, and flexibility. * Cross-training is essential for dancers to enhance their physical skills and performance capabilities. Dance Competitions * Competitions are organized regionally and nationally, with categories based on age, level, and genre. * Scoring systems evaluate technique, performance, and choreography, with awards given for various achievements. Pros and Cons of Dance Competitions Advantages of Dance Competitions * Dance competitions elevate the visibility of dance as a sport, engaging both dancers and audiences in a competitive atmosphere. * They provide young dancers with valuable experiences in handling rejection and understanding the subjective nature of performance evaluation. * Competitions encourage versatile training, which can serve as a launchpad for professional careers, emphasizing the importance of time management, personal responsibility, and teamwork. * Many competitions offer scholarship opportunities and conventions, enhancing training, networking, and exposure for participants. Challenges and Criticisms of Dance Competitions * Technical training may be compromised in competitive studios, focusing more on choreography and tricks rather than foundational skills. * The emphasis on sports elements can overshadow the artistic aspects of dance, influencing teaching practices in studios. * Choreography may lack individuality as dancers often follow trends that are more likely to win competitions. * Issues of hypersexuality in young dancers and the appropriateness of choreography/music are prevalent during competition seasons
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n Mar. 30, the International Court of Justice (ICJ) issued its judgment on the merits in Certain Iranian Assets, nearly seven years after the case between Iran and the United States was first filed. The Court found that a number of U.S. actions constituted violations of the Treaty of Amity between Iran and the United States, but that the 2018 termination of the Treaty meant that the Court could only award monetary damages and could not order cessation of the United States’ activities.ccccc In a complex opinion touching on issues ranging from “unclean hands” to expropriation, the Court determined that it could not order the United States to unfreeze nearly $1.75 billion in Iranian central bank assets but obligated the United States to compensate Iranian companies for its sanctions and seizure of other assets. Both the United States and Iran were quick to frame the decision as a victory. The United States issued a statement calling the Court’s judgment a “major victory for the United States and victims of Iran’s State-sponsored terrorism.” Meanwhile, Iran’s Foreign Ministry said that the ICJ’s ruling proved Iran’s “righteousness and the violations by the US government.” Factual Background and Iran’s Claims Iran brought this case against the United States in 2016 claiming that the United States had violated both the 1955 Treaty of Amity between the two countries and international law norms on State immunity by permitting private litigants to proceed in suits against Iran and attaching seized Iranian assets to satisfy judgments against Iran obtained in those actions. Iran’s claims are rooted in several legislative and executive acts taken by the United States. These measures culminated in a number of default and substantial damages judgments entered by U.S. courts against Iran and Iranian State-owned entities. In 1996, the United States amended the Foreign Sovereign Immunities Act (FSIA) to remove immunity for States designated as “State sponsors of terrorism.” The FSIA’s terrorism exception prompted many plaintiffs to commence proceedings against Iran, which the United States designated as a “State sponsor of terrorism” in 1984, for damages caused by acts allegedly supported by Iran. The Terrorism Risk Insurance Act (TRIA), enacted in 2002, permitted enforcement measures for judgements entered pursuant to the 1996 amendment to the FSIA. Importantly, Section 201 of TRIA provides that in these cases, the assets of an entity designated as a “terrorist party” shall be subject to execution or attachment in aid of execution. As a result of President Barack Obama’s Executive Order 13599, the United States blocked all assets of the Iranian government, including those of the Central Bank of Iran (Bank Markazi) and of other financial institutions, within U.S. jurisdiction. The United States then adopted the Threat Reduction and Syria Human Rights Act (ITRSHRA), subjecting Bank Markazi’s assets to execution to satisfy default judgments against Iran. Bank Markazi challenged ITRSHRA in Bank Markazi v. Peterson, but the Supreme Court upheld the use of nearly $1.75 billion in Central Bank of Iran assets to satisfy judgments in favor of terrorism victims under the FSIA’s terrorism exception. As a result of these executive, legislative, and judicial acts of the United States, Iran initiated proceedings before the ICJ and argued that Iran and its entities were suffering serious and ongoing harm in violation of the Treaty of Amity. Jurisdiction and Admissibility 2019 Judgment on Preliminary Objections Prior to the Mar. 30 opinion, the Court in its 2019 judgment on preliminary objections rejected the United States’ claims that it did not consent to the ICJ’s jurisdiction under the Treaty’s dispute resolution clause which conferred the Court jurisdiction over disputes arising from the Treaty. In addition to objecting the Court’s jurisdiction over the dispute, the United States filed preliminary objections to the admissibility of the case on several grounds including that Iran’s claims were beyond the scope of the Treaty and Iran’s invocation of ICJ jurisdiction, given its history of supporting international terrorism, amounted to an abuse of process. The Court unanimously dismissed United States’ admissibility objections to Iran’s claims. However, the Court determined that it lacked jurisdiction over claims that the United States violated Iran’s sovereign immunity. It also determined that a third objection on jurisdiction, over claims regarding Bank Markazi, was not of a preliminary character and saved a full decision on that objection for full development of the factual record. Jurisdiction over the Central Bank of Iran (Bank Markazi) In the Mar. 30 opinion, the Court returned to the outstanding jurisdictional question and determined that it lacked jurisdiction over Iran’s claims relating to alleged U.S. violations of the Treaty of Amity in relation to Bank Markazi. The Treaty grants benefits only to “nationals” (natural persons) and “companies.” The United States successfully argued that Bank Markazi was not a “company” within the meaning of the Treaty, and therefore, Iran’s central bank was not protected by the Treaty. This jurisdictional determination was particularly significant because it covered assets of nearly $1.75 billion dollars, representing most of Iran’s overall monetary claims. In reaching its decision, the Court paid particular attention to the “nature” of Bank Markazi’s activities, rather than its legal personality separate from the Government of Iran. Iran contended that Bank Markazi’s investment of dematerialized bonds issued on the U.S. financial market and subsequent management of proceeds from those 22 securities qualified it as a “company” under the Treaty. The ICJ was unconvinced and ruled that the bank did not engage in a sufficient level of activities of a commercial character to be characterized as a “company” entitled to the Treaty’s protections. The Court ruled that Bank Markazi’s operations in the United States are “part of the usual activity of a central bank and inseparable from its sovereign function.” Failure to Exhaust Local Remedies The Court rejected the United States’ objection to admissibility based on Iran’s failure to exhaust local remedies. Under customary international law, a State that initiates an international claim on behalf of its nationals based on diplomatic protection must exhaust local remedies before the claim can be heard. This requirement is also considered satisfied when there are no local remedies providing the injured persons with a reasonable opportunity to obtain redress. In this case, the Court remarked that each time an Iranian entity sought to have federal statutory provisions set aside by U.S. courts because they were inconsistent with rights provided by the Treaty of Amity, the U.S. court routinely applied the federal law due to it being enacted after the Treaty. Because of this, the Court concluded that the Iranian entities “had no reasonable possibility of successfully asserting their rights in United States court proceedings” and rejected the United States’ challenge to admissibility based on a failure to exhaust local remedies. United States’ Defenses on the Merits The ICJ rejected three separate defenses invoked by the United States. First, it rejected the United States’ contention that Iran had committed an abuse of right by applying the Treaty of Amity to measures it considered to be unrelated to commerce. The Court next dismissed the United States’ defense that its Executive Order 13599, blocking the property of the Iranian government and related financial entities, fell into two carve outs of the Treaty: measures that regulate the production of or traffic in arms and measures that are necessary for a contracting party’s essential security interests. The Court disagreed that the Executive Order fell into either of these two exceptions. It found that the measures in the Executive Order only had an indirect impact on the production of and the traffic in arms by Iran. Additionally, the Court ruled that the Executive Order was not necessary to protect the United States’ essential security interests, noting that the justifications set out in the Executive Order itself were primarily financial rather than security considerations. Finally, the United States asked the Court to dismiss all claims brought by Iran under the Treaty of Amity on the grounds that Iran came to the Court with “unclean hands.” The Court noted it had never upheld that “clean hands” constitutes custom or general principle of law, and that it considers the doctrine with caution. The International Law Commission (ILC) in its Responsibility of States for Internationally Wrongful Acts also declined to consider “unclean hands” as grounds for a preclusion of wrongfulness, noting it has “been invoked principally in the context of the admissibility of claims before international courts and tribunals, though rarely applied.” Despite its hesitancy to apply the doctrine, the Court stated that even if it were to apply “clean hands” to the case, a nexus between the wrongful conduct imputed to Iran and its claims under the Treaty of Amity would be needed. The Court determined this necessary nexus was missing and rejected the United States’ “unclean hands” defense. Having rejected these defenses, the Court then turned to the merits of Iran’s specific claims. Alleged Violations of the Treaty of Amity Art. III, para. 1 and Art. IV, para. 1 Iran and the United States disagreed on the meaning of Art. III, para. 1, of the Treaty, which provided for Iranian and American companies to “have their juridical status recognized” within the territory of each contracting party. In its 2019 judgment on preliminary objections, the ICJ understood “juridical status” as a company’s own legal personality, sometimes existing as an entity distinct from its associated State. Article IV, para. 1, provides for fair and equitable treatment and prohibits the United States and Iran from taking “unreasonable or discriminatory measures” against each other’s nationals or companies. Iran contended that the United States disregarded the legal personality of Iranian companies within its territory and that the U.S. measures under Section 201(a) of TRIA, Section 1610(g) of the FSIA, and Executive Order 13599 were unreasonable. The Court noted that a measure is unreasonable under the Treaty of Amity when it does not pursue a legitimate public purpose, there is no appropriate relationship between the purpose pursued and measure adopted, or it is manifestly excessive in relation to the purpose. Although the U.S. measures at issue might have pursued a legitimate public purpose of providing effective remedies to plaintiffs awarded damages and the attachment and execution of a liable defendant’s assets is generally an appropriate relationship with that purpose, the Court found the legislative measures to be manifestly excessive. It noted that TRIA and the FSIA employed very broad terms, capable of encompassing any legal entity regardless of the degree or type of control exercised over them by Iran. The Court ruled that the United States unjustly “lifted the corporate veil,” disregarding the separate legal personality of Iranian companies in liability judgments rendered in cases where the companies could not participate and in relation to underlying facts the companies seemed to be uninvolved in. Additionally, the Court found Executive Order 13599 to be manifestly excessive in relation to the purpose of responding to Iran’s “sustained support of terrorist acts” because it applied in an overinclusive manner to “any Iranian financial institution.” Art. III, para. 2 On Iran’s claim that the United States violated the Treaty’s guarantee of “freedom of access to the courts” and “prompt and impartial justice,” the Court found no violation committed by the United States. Although the application of law by U.S. courts was unfavorable to the Iranian companies, the ICJ noted that the rights of Iranians companies to appear before U.S. court, make legal submissions, and lodge appeals were unimpeded. Art. IV, para. 2 By seizing and attaching the assets of Iranian companies, the Court found that the United States had committed an expropriation contrary to Article IV of the Treaty. The Court only found a violation here with respect to the United States’ measures taken under TRIA and the FSIA, but not those enacted by Executive Order 13599. The Court noted that a judicial decision attaching and executing property or interests in property does not per se constitute a taking or expropriation of that property. Instead, an element of illegality is required. After examining the various legislative, executive, and judicial acts taken by the United States and at issue in this case, the Court relied on its prior finding of unreasonableness to establish that the U.S. measures had not been a lawful exercise of regulatory powers and amounted to an expropriation without compensation. However, the Court dismissed Iran’s takings claims directed at Executive Order 13599 because Iran failed to identify affected property of Iranian companies specifically impacted by the executive order beyond Bank Markazi. Because the Court denied jurisdiction over claims related to Bank Markazi, the Court did not find the United States to have committed an unlawful expropriation with Executive Order 13599. On Iran’s claims that the United States failed to afford the most constant protection and security to Iranian companies as provided by Article IV, the Court stated that the United States’ obligation under the Treaty was to protect Iranian companies’ property from actual physical harm. During the proceedings, Iran asserted that the Treaty’s obligation extended beyond protection from physical harm to legal protection of property. The Court refused to extend the protection from physical harm afforded by Article IV, para. 2, to legal harm because of the overlap with the fair and equitable treatment provision in Article IV, para. 1, that would result from accepting Iran’s interpretation. Because the Court already determined that the U.S. measures violated fair and equitable treatment under Article IV, para. 1, it rejected Iran’s claims under Article IV, para. 2. The Court reasoned that paragraph 2 of Article IV was not intended to apply to situations covered by paragraph 1 of that article. Article V, para. 1 The ICJ ruled that the United States did not deprive Iranian companies the right to dispose of their property. Iran’s allegations were predicated on the same set of facts claimed in relation to Article IV, para. 2. The Court understood measures that amount to unlawful expropriation to fall outside the scope of Article V, para. 1. Because the United States’ measures were already deemed to amount to expropriation, the Court concluded that Iran had not established a violation by the United States of the right to dispose of property. Article VII, para. 1 Under the Treaty, the United States did not improperly apply restrictions on the making of payments, remittances, and other transfers of funds. The Court rejected Iran’s interpretation of this provision as imposing a blanket prohibition on any restriction on the movement of capital. Instead, the Court understood the provision to reflect Iran and the United States’ intent to regulate exchange restrictions to preserve bilateral commerce. As Iran did not allege the United States of applying exchange restrictions, the Court dismissed Iran’s claims. Article X, para. 1 Finally, the Court found that the United States had violated its obligations to provide “freedom of commerce” for the Iranian companies. In the Court’s view, “commerce” applies to ancillary activities related to traditional forms of commerce, such as trade in goods. As a result, the Court understood financial transactions, such as trade in intangible assets, to be commerce protected by Article X of the Treaty. To find a breach under this article, the Court was convinced that the United States’ measures were actual impediments to commerce. Because it comprehensively blocked property, Executive Order 13599 qualified as an actual impediment to any financial transaction conducted by Iran or Iranian financial institutions in the United States. Additionally, the attachment and execution of assets of Iranian State-owned companies under the FSIA was also considered to be an actual impediment to the performance of commercial activities by those entities. Finally, the application of both the FSIA and TRIA by U.S. courts was also considered to be a material interference with Iranian commerce within the United States. Remedies Iran requested that the ICJ, having identified certain violations of the Treaty, order the United States to cease conduct that violated its Treaty obligations. However, the Court, citing the ILC Articles on State Responsibility, noted that it could order a cessation of internationally wrongful acts “only if the violated obligation is still in force.” In 2018, the United States had terminated the Treaty by giving Iran advance notice of its withdrawal, and so the Court determined that the relevant obligations were no longer in force and it could not grant Iran’s request for an order of cessation. Finally, on the question of compensation for injury suffered, the Court recognized that the United States is obligated to compensate Iran for the violations it committed. If Iran and the United States are unable to come to an agreement on the amount within two years, the Court will determine the amount due in a subsequent phase of the proceedings. Conclusion Institutionally, a judgment leaving both parties claiming victory is an objectively positive outcome for the ICJ. However, it is unlikely that we have seen the last of this case. Leaving the two countries to reach an agreeable amount of compensation on their own might not inspire confidence given the looming presence of the challenging dynamics between the two countries. The largest share of assets claimed back by Iran were those associated with the Central Bank of Iran. This close to $1.75 billion dollars in assets tied to Iran’s central bank towers over the rest of assets involved in Iran’s successful allegations against the United States. Financially, the United States is off the hook for a significant amount of the assets in dispute. However, unfreezing millions of dollars in assets for Iranian use remains politically sensitive for the United States as Iran advances its nuclear program and faces international criticism for its harsh response to domestic protests sparked late last year. On the other hand, for a country that has sought to convey the wrongfulness of the United States’ sanctions regime against it, Iran was handed a political victory with an international court ruling that some of the United States’ measures were unlawful. The messaging games between the two countries will only continue with the ICJ’s opinion in this case.
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