Abstract
Generally, agreements made between subjects of international law can adopt diverse contents. Due to their status in international law system, these treaties can play different roles resulting in different repercussions. In this sense, lack of a benchmark to be used as distinguishing between treaties and other international instruments might cause problems in the system of international law of treaties because its paradigm has always been the locus of dialectic issues hold between legal scholars. JCPOA is not devoid of this dialectic since it is considered as a new pattern for solving problems in international relations. Hence, it is very important to determine the position of JCPOA in the system of international law, particularly in terms of its role within the international society, nature of subject matter, and parties. Therefore, the present study is aimed at offering an investigation of JCPOA and its comprising columns to come to an answer to the question of whether JCPOA is an international treaty or another instrument. Investigating the content of JCPOA and its comprising columns and also offering an interpretation on definition of ‘treaty’ from the viewpoint of1969 Convention, it is concluded that not only do not the content of JCPOA and the intentions of its writers imply a treaty, but also rules of international law of treaties and Vienna Convention confirm this too.
Highlights
Advent of Iranian Nuclear Plan was in 1950 and became more serious in 1974 with the establishment of Atomic Energy Organization of Iran and signing a contract on building Bushehr Nuclear Power Plant
Lack of a benchmark to be used as distinguishing between treaties and other international instruments might cause problems in the system of international law of treaties because its paradigm has always been the locus of dialectic issues hold between legal scholars
The present study is aimed at offering an investigation of Joint Comprehensive Plan of Action (JCPOA) and its comprising columns to come to an answer to the question of whether JCPOA is an international treaty or another instrument
Summary
Advent of Iranian Nuclear Plan was in 1950 and became more serious in 1974 with the establishment of Atomic Energy Organization of Iran and signing a contract on building Bushehr Nuclear Power Plant. Due to its real position, JCPOA can play a distinguished role in imposing a discipline on their relations This is because when mention is made of a treaty, one confronts with reign of all international laws; i.e. all functions, organs and legal structures in discipline of international law. In such conditions, the document (or the treaty) must go through the approval steps, the trustworthy party be set and attention be paid to all the points included in Vienna Convention. Great importance needs to be given to the status of an agreement or document in international law which is due to its related effects. Legal content of JCPOA is precisely investigated in two sections, namely argumentation in analysis of JCPOA content and the parties’ agreement
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
