As previously mentioned, the public opinion and political analysts' opinions would play an effective role on formation a nuclear agreement. Therefore, it is necessary for the Islamic Republic of Iran to first create a political unity in the country because as long as there is no political unity in the country, the discourse will not form; and second, political officials should use exclusive card of "good faith" to attract international public opinion and analysts' vote of confidence, the card that was recently burnt in Congress and the crisis of Yemen by Washington and gave away to Iran; and thirdly, Islam (in Muslim world arena) and international law are the only accepted discourse for Tehran.
The nuclear agreement will form on the basis of the international law. After agreement realization, none of its parties have the right to review or violate it. The Article 27 of the 1969 Vienna Convention on the Law of Treatises stated that:
"A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty."
And also the first section of the article 46 of the Convention:
"A State may not invoke the fact that its consent to be bound by a treaty has been expressed in violation of a provision of its internal law regarding competence to conclude treaties as invalidating its consent..."
P3+3 states have adopted the Convention (although the concept of the articles is part of customary international law); therefore, violation of any agreement is unauthorized and causes the international responsibility of states. It is obvious, particularly on the Iran nuclear negotiations that concerns over Congressional movement has no place in the reality; however, it reveals the legal knowledge.
In all of the international agreements, it is agreed on the issue of "legal settlement of disputes" via inclusion some provisions and clauses in the main agreement or through contract an independent agreement.
It seems that International Court of Justice would have more appropriate effectiveness and competency in dealing with all of the international agreements disputes. And it is not a popular idea to resume wholly or in part the Iran's nuclear program in the case of breach by the other party (i.e. P3+3).
Showing posts with label Iran Nuclear Talks. Show all posts
Showing posts with label Iran Nuclear Talks. Show all posts
Tuesday, April 28, 2015
Thursday, April 9, 2015
How We Can Change the Decisions of the Security Council?
Nuclear agreement with Iran and the text of this agreement have the transformative importance on political and legal structure of international community. So some points are necessary to be known before the emergence of this agreement.
Undoubtedly, it must be admitted that the agreement draws a new season of international law and in fact certainly changes the nature of Security Council character. Because this agreement will be written firstly based on international law and also due to this agreement the Security Council will cancel all the sanctions against Iran. It should be noted that the Security Council sanctions were imposed according to international law. (It is worth mentioning that the EU and U.S. sanctions against Iran will have no place in international law studies because they are invalid in international law system.)
This issue is certainly the basis for the questions and hypothesis which will be addressed in international law thesis and articles in the future.
Security Council decisions have similar validity to mandatory rules of international law. Then, the question is:
Why does Security Council repeal the imposed sanctions against Iran while Iran's nuclear program is still continuing?
It is despite the fact that the Security Council had decided to stop the Iranian nuclear program completely.
This agreement is indeed nothing more than an agreement to restore the situation to the former case. Iran commits again all the obligations which was already responsible during Khatami's presidency and the West returns the sanctions terms to the former situation as well.
Undoubtedly, it must be admitted that the agreement draws a new season of international law and in fact certainly changes the nature of Security Council character. Because this agreement will be written firstly based on international law and also due to this agreement the Security Council will cancel all the sanctions against Iran. It should be noted that the Security Council sanctions were imposed according to international law. (It is worth mentioning that the EU and U.S. sanctions against Iran will have no place in international law studies because they are invalid in international law system.)
This issue is certainly the basis for the questions and hypothesis which will be addressed in international law thesis and articles in the future.
Security Council decisions have similar validity to mandatory rules of international law. Then, the question is:
Why does Security Council repeal the imposed sanctions against Iran while Iran's nuclear program is still continuing?
It is despite the fact that the Security Council had decided to stop the Iranian nuclear program completely.
This agreement is indeed nothing more than an agreement to restore the situation to the former case. Iran commits again all the obligations which was already responsible during Khatami's presidency and the West returns the sanctions terms to the former situation as well.
Thursday, February 19, 2015
The Human Rights of Iran
The system seeks to improve the human rights situation worldwide including Iran.
It could not be more obvious that if the system was willing to misuse the title "Human Rights" it would publish the classified documents of Iran or intervenes at Iranian intelligence operations of VAJA agents such as Shahrokh Estakhri and Amin Hayai. But the human rights cannot certainly be defended through terrorization.
Most activities of the system for the human rights including negotiating with governments are done secretly. It is believed that a starting point will be necessary in order to talk about everything and the point of similarity is the recommended outset.
"Child labour" is a very important issue since the Iran's govt. did not make any plan to solve it, and on the other hand, global institutions of human rights have not addressed the issue properly. Certainly if only the sections 2 and 4 of the Article 21 of the Constitution of the Islamic Republic of Iran are fully implemented then this new problem would not be emerging. With this logic in mind, the Holy lawgiver held that "O, you who believe! Why do you say that which you do not do?!" "It causes Allah's wrath gravely that you say something that you do not fulfill." [Quran 61 (Al-Saff):2-3]
Without doubt, the system is not supporting any one unconditionally. The fight against extremism is the purpose to be realized by the system. And as Iran's leader, the predictor of ISIS falling and "Islamic Awaken" has thought, the sanctions against extremist individuals and persons in Iran will continue and it is not related and dependent to the result of P5+1 agreement under the title "nuclear program" with Iran. And it is expected that Iranians cooperate with the system in this regard and also about the system’s activities in Iran.
In this case, Kamran Bagheri Lankarani is having the hidden support of Army of Guardians. And it is necessary to take him off immediately with respect to ambitious and worrying plans of this organization.
And also, the system needs time in order to check and evaluate the text of nuclear agreement for achieving Iranian desired agreement.
It could not be more obvious that if the system was willing to misuse the title "Human Rights" it would publish the classified documents of Iran or intervenes at Iranian intelligence operations of VAJA agents such as Shahrokh Estakhri and Amin Hayai. But the human rights cannot certainly be defended through terrorization.
Most activities of the system for the human rights including negotiating with governments are done secretly. It is believed that a starting point will be necessary in order to talk about everything and the point of similarity is the recommended outset.
"Child labour" is a very important issue since the Iran's govt. did not make any plan to solve it, and on the other hand, global institutions of human rights have not addressed the issue properly. Certainly if only the sections 2 and 4 of the Article 21 of the Constitution of the Islamic Republic of Iran are fully implemented then this new problem would not be emerging. With this logic in mind, the Holy lawgiver held that "O, you who believe! Why do you say that which you do not do?!" "It causes Allah's wrath gravely that you say something that you do not fulfill." [Quran 61 (Al-Saff):2-3]
Without doubt, the system is not supporting any one unconditionally. The fight against extremism is the purpose to be realized by the system. And as Iran's leader, the predictor of ISIS falling and "Islamic Awaken" has thought, the sanctions against extremist individuals and persons in Iran will continue and it is not related and dependent to the result of P5+1 agreement under the title "nuclear program" with Iran. And it is expected that Iranians cooperate with the system in this regard and also about the system’s activities in Iran.
In this case, Kamran Bagheri Lankarani is having the hidden support of Army of Guardians. And it is necessary to take him off immediately with respect to ambitious and worrying plans of this organization.
And also, the system needs time in order to check and evaluate the text of nuclear agreement for achieving Iranian desired agreement.
Sunday, January 25, 2015
The System Security and Consonant Policy
The center of Barack Obama and David Cameron's recent secret talks in Washington caused the anger and concerns of the system. Certainly those who have access to the audio file of the talks, has come to believe that the president tires to use of each opportunity and in every way in order to get released of the domination of the system control. Up to now he had asked help from Cameron but other natural persons are candidates, apart from the initiation of inverse game by Israel and potentially Russia with him. As a result, the cost of controlling Obama is greatly increasing and such an expense is meaningless and insignificant from the view point of realistic.
In such circumstances, the only option that can cover both of the needs, resolving the concerns and retaliation, is the "engineered explosion" or in other words, make the game out of the control. Indeed, the ultimate goal of such pattern is to convert the institutional policy to natural policy. The difference of both is like the difference of swimming in the pool and in the ocean; no control over the circumstances!
Tehran is the most decent actor to perform such a role. However, it should be noted that three powers containing leadership, Revolutionary Guards and Rouhani administration have the control over the state. Iran's leadership is dependent on Revolutionary Guards and needless to say, Israel is feeding the Revolutionary Guards. So there is no doubt that the mentioned actor is Rouhani's government.
The copies of the documents related to Obama, including the private video and any mandatory affiliate document should be transferred to Tehran as soon as possible.
Finally, the system needs Tehran as the key actor (not temporary). So, beyond all of the six proposed nuclear contracts to Iran, more fundamental points must be on the agenda.
And in the end, Britain is the fatherland of the system's friends but the system opponents are considered "apatride" with any nationality.
In such circumstances, the only option that can cover both of the needs, resolving the concerns and retaliation, is the "engineered explosion" or in other words, make the game out of the control. Indeed, the ultimate goal of such pattern is to convert the institutional policy to natural policy. The difference of both is like the difference of swimming in the pool and in the ocean; no control over the circumstances!
Tehran is the most decent actor to perform such a role. However, it should be noted that three powers containing leadership, Revolutionary Guards and Rouhani administration have the control over the state. Iran's leadership is dependent on Revolutionary Guards and needless to say, Israel is feeding the Revolutionary Guards. So there is no doubt that the mentioned actor is Rouhani's government.
The copies of the documents related to Obama, including the private video and any mandatory affiliate document should be transferred to Tehran as soon as possible.
Finally, the system needs Tehran as the key actor (not temporary). So, beyond all of the six proposed nuclear contracts to Iran, more fundamental points must be on the agenda.
And in the end, Britain is the fatherland of the system's friends but the system opponents are considered "apatride" with any nationality.
Tuesday, September 23, 2014
Iran, Sustainable Security and the World Order
The Islamic Republic of Iran as a government that is now proud of the United States' embassy takeover incident in Tehran, after a couple of decades of 1979 Revolution can not be considered as a reliable government in the international arena. United States' Embassy takeover and the hostage crisis in Iran was a clear violation of international law in order to realize the international objectives of the revolutionary government of Iran and thus celebrating the anniversary of this event in Iran means that Iranians continue to believe in the violation of the international law as a strategy in order to realize the national and international purposes.
However, one cannot deny the fact that the international community has been successful in its efforts to prevent Iran from acquiring nuclear weapons. But this success alone would not rebuild the trust towards the Islamic Republic of Iran and this also does not make the label “potential threat” to be removed from Iran.
A part of the intelligence obtained about "ISIS" project was particularly based on data obtained from the sites located in Iran and it is obvious that the secret cooperation of some Iranian groups including some influential politicians in Tehran such as Hashemi Rafsanjani and Iranian Revolutionary Guards with some groups in the United States and Europe is worrying.
And what is certain is that not only the nuclear weapon is dangerous for the world, but microbial attacks are dangerous, too; the laboratory in one of the small European countries which produces viruses, is also threatening.
However, one cannot deny the fact that the international community has been successful in its efforts to prevent Iran from acquiring nuclear weapons. But this success alone would not rebuild the trust towards the Islamic Republic of Iran and this also does not make the label “potential threat” to be removed from Iran.
A part of the intelligence obtained about "ISIS" project was particularly based on data obtained from the sites located in Iran and it is obvious that the secret cooperation of some Iranian groups including some influential politicians in Tehran such as Hashemi Rafsanjani and Iranian Revolutionary Guards with some groups in the United States and Europe is worrying.
And what is certain is that not only the nuclear weapon is dangerous for the world, but microbial attacks are dangerous, too; the laboratory in one of the small European countries which produces viruses, is also threatening.
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