Page 5 - MEOG Week 03

MEOG Commentary MEOG
uranium enrichment – the limit on the number of uranium centrifuges – had left them with no choice but to take action within the framework of the JCPOA, including through the Dispute Resolution Mechanism.
“We do this in good faith with the overarch- ing objective of preserving the JCPOA and in the sincere hope of finding a way forward to resolve the impasse through constructive diplomatic dialogue, while preserving the agreement and remaining within its framework,” they added.
Dispute resolution mechanism
The JCPOA outlines the mechanism, under which any party to the agreement can complain that another party is violating it and seek to resolve the issue.
The issue will be referred to a Joint Commis- sion – comprising the E3, the European Union, Russia, China and Iran – that will have 15 days to resolve the issue, unless the period is extended by consensus. If the issue is not resolved, it can be referred to the foreign ministers of the various parties or to a three-member advisory board. That step can also take up to 15 days.
If that fails, the Joint Commission will have five days to settle the dispute. If the complainant is still not satisfied and considers the matter to
constitute “significant non-performance”, it can treat the issue as grounds to cease performing its commitments under the JCPOA “in whole or in part”. It could also notify the United Nations Security Council.
In the event of Iranian non-performance, a vote could be held at the Security Council on whether to “snap back” all the international and multilateral sanctions lifted under the JCPOA. No member would be able to veto such a move. the best option?
The dispute resolution mechanism was devised to tackle technical breaches of the deal, not a political crisis prompted by US abrogation of the agreement. It is hard to see how this process has a better chance of resolving the parties’ mutual grievances than the political talks that preceded it. Resorting to the mechanism, which is an option the Europeans have been debating for months, is therefore a statement of concern over Iran’s violations and also a gambit for bringing Iran back into full JCPOA compliance. The dis- pute resolution process could, in theory, ratchet up the urgency in talks with the Iranians, holding out the possibility of reinstating UN sanctions against Iran – which the JCPOA lifted – should the efforts come to naught.
But if that is the plan, it also carries risks. For
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