Journal Article

Compliance with Treaties in the Context of Nuclear Non-proliferation: Assessing Claims in the Case of Iran

Pierre-Emmanuel Dupont

in Journal of Conflict and Security Law

Volume 19, issue 2, pages 161-210
Published in print July 2014 | ISSN: 1467-7954
Published online October 2013 | e-ISSN: 1467-7962 | DOI: http://dx.doi.org/10.1093/jcsl/krt017
Compliance with Treaties in the Context of Nuclear Non-proliferation: Assessing Claims in the Case of Iran

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The controversy over the Iranian nuclear programme is probably one of most sensitive contemporary instances of a situation involving legal issues related to compliance and enforcement of non-proliferation treaty obligations. The allegations put forward against Iran in this context are rarely formulated or substantiated in legal terms, nor grounded in a clearly identifiable legal basis or framework. This article aims at the identification of the specific international obligations that Iran would have breached or failed to comply with, whether contained in the Non-Proliferation Treaty (NPT) or in other non-proliferation agreements, and at the evaluation of the criteria or standards under which the occurrence of a failure or a breach of treaty commitments by Iran is to be assessed. It begins with an overview of the instruments comprising the safeguards system established pursuant to the NPT and monitored by the International Atomic Energy Agency (IAEA), then provides an account of the treatment by the IAEA of the Iranian nuclear programme since 2002, which led the IAEA to declare that Iran was in non-compliance with its safeguards agreement, before assessing the IAEA’s findings, in light of relevant rules pertaining to both general international law and the NPT/IAEA legal framework for nuclear safeguards as lex specialis.

Journal Article.  24222 words. 

Subjects: Military and Defence Law ; Public International Law ; Police and Security Services ; Terrorism and National Security Law ; Use of Force, War, Peace and Neutrality

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