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…