This book is by Daniel H. Joyner, who has produced four books on nuclear non-proliferation law and founded an online blog, “www.armscontrollaw.com”, which was chosen by the American Bar Association Journal as one of the top 100 blogs for a legal audience. The book offers the first detailed examination of Iran's nuclear programme and its compatibility with international law. Part I of the book, titled “Confrontation”, examines the legality of Iran's nuclear programme under the 1968 Treaty on Non-Proliferation of Nuclear Weapons [NPT], Iran's safeguards agreement obligations with The International Atomic Energy Agency [IAEA], and UN Security Council resolutions imposing sanctions. Part II of the book, titled “Accord”, focuses on the commitments of both sides under the 2015 Joint Comprehensive Plan of Action [JCPOA], followed by a conclusion.
The discussion of Iran's nuclear programme and its compliance with international law is contextualized by examining how the Western nations themselves helped Iran to develop nuclear technology. The emphasis on the historical context is the strength of the book, which allows the reader to understand the issues comprehensively. The author concludes that Iran has not at any time violated its obligations under the NPT. He argues that the term “manufacture” in Article II of the NPT is limited to the actual manufacturing of the nuclear weapons, and not to the “preparation to manufacture”, and further discusses Iran's non-compliance with the IAEA safeguards agreement. It highlights that Iran was in non-compliance with its safeguards agreement and violated its safeguards legal obligations in 2003, but that violation and its implications for Iran's state responsibility were resolved by 2008. Interestingly, the author concludes that violation of safeguards obligations does not per se constitute a violation of NPT Article III.
The added feature of the book is the examination of the political side of the IAEA and its pro-Western stand, particularly in the case of Iran. The examination shows that the IAEA overstepped the bounds of its legal authority by investigating and assessing the Possible Military Dimensions [PMD] issue in Iran's case. Finding that the IAEA is not a general nuclear weapons supervision regime challenges the popular view about the IAEA's powers and functions. Part II of the book mainly contains key commitments of both parties under the JCPOA. Finally, the author believes the JCPOA to be a triumph of diplomacy and a peaceful resolution of an international dispute. However, he expresses scepticism as to whether the US will hold to these commitments in the future.
The book powerfully challenges the popular narrative of Iran's non-compliance with international law, particularly the NPT and safeguards agreement. However, the book does not provide an adequate explanation of whether Iran violated Security Council resolutions or not. The author argues that the legal validity of Resolutions 1696 and 1737 is dubious, even though the UN Charter clearly empowers the Security Council to adopt such resolutions. Moreover, a strong presumption is required to challenge the legal validity of the resolutions. On the other hand, the finding that Iran was in prima facie violation of these resolutions adds further ambiguity to this conclusion.
The book is of immense value to legal practitioners and academics as it deals with the ongoing crisis of Iran's nuclear programme and its compatibility with international law. It is a significant contribution to filling the gap in the existing literature and to generating discussion among both legal practitioners and academics.
