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The New Generation of International Agreements: JCPOA

Authors :
Mojtaba Nazif
Alireza Zaheri
Source :
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, Vol 19, Iss 58, Pp 165-192 (2018)
Publication Year :
2018
Publisher :
Allameh Tabataba'i University Press, 2018.

Abstract

The analysis of JCPOA from an international point of view suggests that it would remain an imprecise as well as a misleading question whether JCPOA is considered to be a political agreement or a treaty. This question is generally posed because it applies a domestic approach on international agreements. Thus, in this article, a study was made on the way the variables of an international agreement were drawn upon so that they could yield the desired results intended by the negotiators. Since a set of specifically modeled elements were applied in JCPOA by the involved parties, it functions far more efficiently in terms of format, implementation, and dispute settlement mechanism, rather than a treaty in an international arena. In view of the content, the agreement draws on a system in order to execute its long-term commitments and though it is not known yet whether JCPOA is admissible or not, over judicial system, the current procedures have the potentials to do so. As such, it appears that JCPOA proves itself as one of the examples of the international agreements transforming from the classical approaches into modern ones which put more emphasis on their efficacy and enforcement mechanism.

Details

Language :
Persian
ISSN :
23456116 and 24766216
Volume :
19
Issue :
58
Database :
Directory of Open Access Journals
Journal :
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
Publication Type :
Academic Journal
Accession number :
edsdoj.f91fd22e5c54535b88feb4b3c68299c
Document Type :
article
Full Text :
https://doi.org/10.22054/qjpl.2017.18080.1435