Nurani Hukum : Jurnal Ilmu Hukum
Vol. 5 No. 2 December 2022

Should the JCPOA be Revived? An Analysis of the Iran Nuclear Deal

Yordan Gunawan (Faculty of Law, Universitas Muhammadiyah Yogyakarta and Facultat de Dret, Universitat Pompeu Fabra, Spain)
Aisyah Ajeng Putri Riyanto (International Program for Law and Sharia, Faculty of Law, Universitas Muhammadiyah Yogyakarta)
Wandita Surya Putri (International Program for Law and Sharia, Faculty of Law, Universitas Muhammadiyah Yogyakarta)
Cyabriena Asela (International Program for Law and Sharia, Faculty of Law, Universitas Muhammadiyah Yogyakarta)
Dwilani Irrynta (International Program for Law and Sharia, Faculty of Law, Universitas Muhammadiyah Yogyakarta)



Article Info

Publish Date
28 Dec 2022

Abstract

The Joint Comprehensive Plan of Action (JCPOA) is referred to as one the peaceful settlement of the international dispute in the form of a multilateral agreement restricting Iran's nuclear development in exchange for the lifting of economic sanctions. However, some issues have emerged since the agreement entered into effect. The United States withdrew from the agreement and reimposed the economic sanctions against Iran, consequently affecting Iran’s commitment to its nuclear obligations. State Parties' initiative to reinstate the agreement in its original form is invalid under international law since the issue is Iran and the United States' actions. In this research, the authors examined the termination and establishment of a new agreement as a strategy to overcome existing issues. The research methodology combines qualitative research with normative legal research. The results showed that the JCPOA is a "treaty of contract" agreement that binds only the State Parties and must be terminated because the unilateral United States withdrawal and Iran's loosening of compliance obligations effected the agreement to run out of control, preventing it from achieving its targeted purpose. After the agreement is terminated, a new agreement on Iran's nuclear program should establish in accordance with international law. 

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Journal Info

Abbrev

nhk

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Nurani Hukum : Jurnal Ilmu Hukum Nurani Hukum : Jurnal Ilmu Hukum also known as Nurani Hukum is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law ...