Legal Analysis of the Nature of The JCPOA Agreement with regard to the Similar Experiences of North Korea and Iraq

Document Type : Academicm and Research

Author

Faculty Member of the Institution for Research and Development in the Humanities (SAMT)

Abstract

The Joint Comprehensive Plan of Action (JCPOA) was concluded between Iran and the so-called 5+1 states in July 2015, and a few days later, it was endorsed by the United Nations Security Council through Resolution 2231. Since then, debates have arisen regarding the legal nature of this agreement. Some argue that the JCPOA is a treaty under the 1969 Vienna Convention on the Law of Treaties, while the majority believe it is non-binding. One reason supporting the non-binding nature of the JCPOA is its nature and its classification as part of a group of bilateral or multilateral agreements in the field of disarmament in international law. The central question here is: what impact does the nature of this agreement have on the overall approach of the parties involved? So far, the JCPOA has been less frequently analyzed from this perspective. In this article, we examine this feature in the context of the nature of relevant agreements and compare the JCPOA to the denuclearization processes of North Korea and Iraq, which appear to be the most similar in both historical and substantive terms and have, in a way, served as the empirical foundation for the conclusion of the JCPOA.

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References

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Comparative Studies on Islamic and Western Law
Volume 11, Issue 4 - Serial Number 42
December 2024
Pages 161-184

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