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Home Articles posted by Dan Joyner

The New Deal Between the P5+1 and Iran

Published on November 26, 2013        Author: 

Dan Joyner is Professor of Law at the University of Alabama School of Law in the U.S.  He is the author of two books on nuclear non-proliferation law, and of a monograph currently under contract with Oxford University Press, entitled Iran’s Nuclear Program and International Law. He blogs regularly at www.armscontrollaw.com

Like many, I stayed up late Saturday night following the Twitter updates of what was developing in the Geneva negotiations between Iran and the P5+1.  And like most, I was thrilled to hear that an initial accord had been reached. A historic agreement that potentially signals a thawing in relations between Iran and the West – the best such indication since 1979. It was a night of high drama.

I’ve now had a chance to read over the product of this agreement – a four page document entitled Simply “Joint Plan of Action.”

I would observe first of all that I agree with Duncan Hollis in his assessment over at Opinio Juris that this agreement is intended by the parties to be non-legally-binding. Duncan provides a review of the reasons for this conclusion. As I noted in a comment to his post, I think the diplomats in Geneva had enough trouble reaching agreement on a text in this politically binding form, and would have shuddered at the thought of having to get it approved by their respective legislatures.

However, legally non-binding international agreements can still have significant legal, as well as political, implications.

The document lays out in detail Iran’s commitments under the accord. They comprise a very significant list of concessions, cumulatively limiting Iran’s nuclear program and preventing any further development of the program for the six month duration of the agreement. I think it is worth noting that all of these steps together comprise a more significant list of concessions than was expected by most observers. Nevertheless, it is also important to note that none of them, and not even their sum, is beyond what Iran had already offered in past negotiations, going back at least to 2005. Read the rest of this entry…

 

‘Crowing’ About Iran Sanctions Should Stop

Published on May 25, 2012        Author: 

Daniel Joyner is Professor of Law at the University of Alabama School of Law. His research interests are focused in nuclear weapons nonproliferation law and civilian nuclear energy law. He has also written extensively on international use of force law, and on the UN Security Council. He is the author of International Law and the Proliferation of Weapons of Mass Destruction (Oxford University Press, 2009) and Interpreting the Nuclear Nonproliferation Treaty (Oxford University Press, 2011).

There is a good bit of “crowing” going on at the moment by US officials, particularly about the role of Western financial sanctions in “bringing Iran to the table” for negotiations with the International Atomic Energy Agency (IAEA) and the West about its nuclear program. For example, US Treasury Under-Secretary for Terrorism and Financial Intelligence David Cohen said regarding these sanctions:

“They [Iran] are increasingly isolated — diplomatically, financially and economically … I don’t think there is any question that the impact of this pressure played a role in Iran’s decision to come to the table.”

This assessment, however, reflects a good deal of peripheral blindness: both about the past and about the future of the Western sanctions program.

If the question is: has the policy of institutional escalation at the IAEA and the UN Security Council (UNSC), and the imposition of sanctions on Iran by the UN, the US and the European Union (EU), had an influence on Iran’s actions and the development of a crisis between Iran and the West over its nuclear program, the answer is definitely yes. But not in the way these crowing US officials think.

The reasons that Iran stopped implementing its Additional Protocol safeguards agreement with the IAEA back in 2005, pulled back from meaningful discussions with the IAEA and the West at the same time, have since become entrenched in their determination not to give in to Western pressure, and even threatened to block the straits of Hormuz and send world oil prices skyrocketing, have been explicitly stated by Iran to be the decisions by the IAEA and the UNSC requiring Iran to cease its enrichment of uranium beginning in 2005, and the sanctions that have been imposed by the UNSC, and unilaterally by the US and the EU, since that time.

To put it simply, the West’s sanctions program is the reason that Iran pulled back from the negotiating table in the first place.

To now claim that Western sanctions have had the successful effect of bringing Iran back to the negotiating table is to ignore this broader view of the history of the crisis over Iran’s nuclear program, and the material role that Western sanctions have played in actually creating and intensifying the crisis. Read the rest of this entry…