The IAEA Disputes over Iran's Nuclear Program in Light of International Law

Interpreting and adjudicating “international concerns” and “international obligations” in Iran’s nuclear program has always been among disputed issues between all engaged and interested parties with their own positions and contradictory views. While, the first issue is subjective in nature, the latter could be an objective one that can be defined and decided according to the applicable international law and the established facts. Some parties are referring to “international legitimate concerns of the international community” and also are demanding the Islamic Republic of Iran to abide by its so-called “international obligations”. They insist on their duties to ensure the implementation of international obligations by Iran and urging the compliance to international requirements. On the other side, the Islamic Republic of Iran while declaring its readiness to engage with such concerns believes that it can fully enjoy its rights according to the Nuclear Non-proliferation Treaty (NPT). Beside other legal claims, through the application of the rules and principles of the law of treaties, this paper deals with some major legal disputes raised between the Islamic Republic of Iran and the IAEA in terms of verification of non-compliance, reporting the Iranian case to the Security Council, suspending the implementation of subsidiary arrangements and finally exercising IAEA’s competence with respect to the non-declared activities.