Compliance with nonproliferation treaties – the case of Iran revisitedPosted: June 25, 2013
This is to draw your attention on a piece on Iran’s (non-)compliance with its nonproliferation obligations that I have just posted on Ejil:Talk! It draws on my recent article on the same topic, a draft of which is available on SSRN, and which will appear in the forthcoming issue of the Journal of Conflict and Security Law.
Here is the abstract of the article:
The controversy over the Iranian nuclear programme is probably one of most sensitive contemporary instances of a situation involving legal issues related to compliance and enforcement of non-proliferation treaty obligations. The allegations put forward against Iran in this context are rarely formulated or substantiated in legal terms, nor grounded in a clearly identifiable legal basis or framework. This article aims at the identification of the specific international obligations that Iran would have breached or failed to comply with, whether contained in the NPT or in other non-proliferation agreements, and at the evaluation of the criteria or standards under which the occurrence of a failure or a breach of treaty commitments by Iran is to be assessed. It begins with an overview of the instruments comprising the safeguards system established pursuant to the NPT and monitored by the IAEA, then provides an account of the treatment by the IAEA of the Iranian nuclear program since 2002, which led the IAEA to declare that Iran was in non-compliance with its safeguards agreement, before assessing the IAEA’s findings, in light of relevant rules pertaining to both general international law and the NPT/IAEA legal framework for nuclear safeguards as lex specialis.
Your comments are welcome!