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Ex Gratia Payments and the Iranian Airline Tragedy

Published online by Cambridge University Press:  27 February 2017

Harold G. Maier
Harold G. Maier*
Affiliation:
Van-derbilt University Law School
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Extract

The question whether the United States Government should pay ex gratia compensation to the survivors of those killed in the accidental destruction of Iranian Airlines Flight No. 655 raises some important issues of law and policy. In the following comments, I have attempted to provide a brief overview of the issues involved. …

Type
Agora: The Downing of Iran air Flight 655
Information
American Journal of International Law , Volume 83 , Issue 2 , April 1989 , pp. 325 - 332
Copyright
Copyright © American Society of International Law 1989

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References

1 Mavrommatis Palestine Concessions Case, 1924 PCIJ (ser. A) No. 2, at 12.

2 The Nottebohm Case (Liechtenstein v. Guat.), 1955 ICJ Rep. 4, 26.

3 See, e.g., 8 M. Whiteman, Digest of International Law 902 (1967).

4 Restatement (Second) of Foreign Relations Law of the United States §168 (1965).

5 Restatement (Third) of Foreign Relations Law of the United States §711 comment e (1987).

6 Facts that have come to light since this testimony was given suggest that this statement may have been incorrect. (Footnote added Nov. 29, 1988.)

7 N.Y. Times, July 13, 1988, at A10.

8 In these two instances, I understand that the United States Government has claimed that the payments were legally required, a claim disputed by both the Israelis and the Iraqis.

9 Oct. 12, 1929, 49 Stat. 3000 (1934), TS No. 876, 137 LNTS 11.

10 CAB Order No. E-23680, 31 Fed. Reg. 7302 (1966).