Joint Comprehensive Plan of Action (JCPOA): Interrogating the Legal Status of JCPOA and Contextualizing the Legal Implication of United States’ Withdrawal (Published)
On 9th May 2018, President Donald Trump pulled the U.S. out of the Joint Comprehensive Plan of Action (JCPOA) or Iran Nuclear Deal which is fruit of thirteen years of negotiations between Iran and world powers on Iran’s nuclear program. The JCPOA, since its creation, raised question whether it is a treaty or just a non-binding international instrument. This study is aimed at offering an investigation on this question. After examining all elements of a treaty, we found out that it’s rather a treaty under international law; and, we concluded that as a matter of international law; it is breach of the Article 56 of Vienna Convention on Law of Treaties (VCLT) as well as violation of United Nations Security Council Resolution 2231 (2015); and, therefore, the withdrawal is contrary to international law.
Keywords: International law, Iran, JCPOA, United States, Vienna Convention on Law of Treaties