akram salehi; mohammadreza dehshiri; rahmat hajimineh
Volume 3, Issue 9 , September 2019, , Pages 133-154
Abstract
Joint Comprehensive Plan of Action (JCPOA) is one of the important legal and international events in the international relations history in the field of nuclear science and technology. ...
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Joint Comprehensive Plan of Action (JCPOA) is one of the important legal and international events in the international relations history in the field of nuclear science and technology. This international agreement, which was the result of two years formal and intensive negotiations, was signed between Iran and 5+1 countries on July 14, 2015 in Vienna and was enforced on January 16, 2016. Following the signing of this document, the Security Council resolution 2231legislated. According to this resolution, previous Security Council sanctions have been canceled and JCPOA signatory countries were forced to implement the commitments which were inserted on it. However, it did not take long time that the new president of America, Donald Trump, revealed his incompatibility with Iran's multilateral international nuclear agreement, in spite of the European commitment to JCPOA. Finally on May 8, 2018 the United States government officially gets out of the Joint Comprehensive Plan of Action and announced the resumption of sanctions like before. Therefore, this study tries to answer this question that, what are the legal-political consequences of the US exit from the Joint Comprehensive Plan of Action? In order to answer this question this hypothesis examined that in spite of the United States government insists that the Joint Comprehensive Plan of Action is not an international treaty, following the ratification the Security Council resolution 2231l the Joint Comprehensive Plan of Action is an international agreement. Although the US exit of the JCPOA due to its legal nature named the multilateral agreement, has no legal consequence. However, politically, it decreases the credit and position of the United States in the international system. The research method will be in this study descriptive-analytic with a legal approach.