Legal Aspects of the Geneva Joint Plan of Action 2013

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Abstract

The joint plan of Action agreed in Geneva on November 24, 2013, between the p5+1 nations and Iran (JpA or "Iran and 5+1 Nuclear Agreement") is a politically binding instrument but with important legal indirect implications on legal rights and duties of the parties in international nuclear law. Whereas the inapplicability of the Security council Resolutions on Iran's nuclear issue, a decade crisis directed the relevant parties to partially restrict and implement the SC regulatory and punitive provisions. Terminate (unlawful) sanctions (multilateral and unilateral) and also resolve some misunderstandings on Iran nuclear program. These developments opened a window to revise past safeguards problems within the IAEA and the UN. At a practical viewpoint, this agreement is a state practice, a concept related to international law sources in the ICJ Statute , Art . 38. This practice, substantiated the sufficient degree of participation on the part of states whose interests are likely be most affected. This paper analyzes the JPA in light of international legal order especially international nuclear law and UN law.

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