JCPOA; A Dialectical Paradigm of Treaty and Other International Instruments

  •  Nader Mardani    
  •  Mohammad Mehdi Hooshmand    


Generally, agreements made between subjects of international law can adopt diverse contents. Due to their status in international law system, these treaties can play different roles resulting in different repercussions. In this sense, lack of a benchmark to be used as distinguishing between treaties and other international instruments might cause problems in the system of international law of treaties because its paradigm has always been the locus of dialectic issues hold between legal scholars. JCPOA is not devoid of this dialectic since it is considered as a new pattern for solving problems in international relations. Hence, it is very important to determine the position of JCPOA in the system of international law, particularly in terms of its role within the international society, nature of subject matter, and parties. Therefore, the present study is aimed at offering an investigation of JCPOA and its comprising columns to come to an answer to the question of whether JCPOA is an international treaty or another instrument. Investigating the content of JCPOA and its comprising columns and also offering an interpretation on definition of ‘treaty’ from the viewpoint of1969 Convention, it is concluded that not only do not the content of JCPOA and the intentions of its writers imply a treaty, but also rules of international law of treaties and Vienna Convention confirm this too.

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