عنوان مقاله [English]
نویسنده [English]چکیده [English]
Resolution 1803 (2008) of the Security Council (SC) which adopted in accordance with the Chapter VII of the Charter is the fourth resolutions (the third sanction one). Despite the successful achievements of modalities and recent co-operations between Iran-IAEA Secretariat, it precedes concerns of the Council on the nuclear development in Iran. This is seemingly is due to Iran's non-compliance with the previous resolutions of the Council and one outstanding or unresolved issue named “alleged studies”, as well as non-implementation and ratification of the Additional Protocol of the NPT Safeguard agreements.
… The adoption and continuation of the SC resolutions, seems to reflect legal positivism a theory of which is well-established in contemporary era, where political and other non-legal elements have efficient role in development of international norms, in particular decision-making in international organizations. However, this resolution is non proportional with factual dimensions of “Iran Nuclear Record”. Therefore, the Council should refrain from recourse to additional sanctions against Iran.