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The New Generation of International Agreements: JCPOA
- 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