toomuchtime_
Gold Member
- Dec 29, 2008
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I don't think the fact that the US announced it was not certifying Iran is in compliance and that it will start sanctions in about three months would effect its ability to go through this process.No legal challenge is necessary to have the UN reimpose its sanctions. All the US has to do is assert its complaint and go through the steps outlined in JCPOA. Once that process has been completed the UN sanctions are automatically reimposed regardless of what anyone else thinks.Rhetoric does not constitute a legal challenge.President Trump has and Macron agreed with him.Yet, no one was willing to challenge the legality of Iran's actions with respect to the JCPOA.Not at all. Iran has clearly been violating the spirit of JCPOA by trying to develop long range missiles. Long range missiles are enormously expensive to make and are of little value unless you have nuclear warhead to put on them, so Iran's push to develop them is a clear indication it intends to produce nuclear weapons.
Having left the deal, does the US still have the right to dispute anything or use the mechanisms of the JCPOA?
https://www.state.gov/documents/organization/245317.pdf
If Iran believed that any or all of the E3/EU+3 were not meeting their commitments under this JCPOA, Iran could refer the issue to the Joint Commission for resolution; similarly, if any of the E3/EU+3 believed that Iran was not meeting its commitments under this JCPOA, any of the E3/EU+3 could do the same. The Joint Commission would have 15 days to resolve the issue, unless the time period was extended by consensus. After Joint Commission consideration, any participant could refer the issue to Ministers of Foreign Affairs, if it believed the compliance issue had not been resolved. Ministers would have 15 days to resolve the issue, unless the time period was extended by consensus. After Joint Commission consideration – in parallel with (or in lieu of) review at the Ministerial level - either the complaining participant or the participant whose performance is in question could request that the issue be considered by an Advisory Board, which would consist of three members (one each appointed by the participants in the dispute and a third independent member). The Advisory Board should provide a non-binding opinion on the compliance issue within 15 days. If, after this 30-day process the issue is not resolved, the Joint Commission would consider the opinion of the Advisory Board for no more than 5 days in order to resolve the issue. If the issue still has not been resolved to the satisfaction of the complaining participant, and if the complaining participant deems the issue to constitute significant non-performance, then that participant could treat the unresolved issue as grounds to cease performing its commitments under this JCPOA in whole or in part and/or notify the UN Security Council that it believes the issue constitutes significant non-performance.