الانسحاب من المعاهدات و أثره على التزامات الدول الأطراف : الانسحاب الأمريكي من الاتفاق النووي الإيراني لعام 2015 نموذجا)‎

الملخص EN

Treaties are one of the most fundamental sources of international law as representing the genuine will of their parties to express their consent to assume obligations and to acquire rights towards other States parties to that treaty, whether bilateral or collective.

and international treaties and conventions are particularly sacred and must be respected and implemented in good faith by their parties in application of the pacta sunt servanda rule, It is therefore an established fundamental principle of international law that a treaty may not be terminated or withdrawn from it by the unilateral will of one of the States parties thereto unless there is an express provision authorizing it to do so.

The international arena in 2015 has witnessed a historic achievement in reaching a framework agreement between Iran and the five permanent members of the Security Council plus Germany, Known as the "Joint Comprehensive Plan of Action", to put an end to the ongoing nuclear crisis between the parties since 2003.

This agreement was internationally legitimized by the adoption of Security Council resolution 2231, but surprisingly, Former US President Dolend Trump decided in May 2018 to withdraw his country from the nuclear deal.

At the same time, they announced the reimposition of the United States sanctions applicable to Iran prior to the agreement, ignoring and rejecting the positions of other States parties.