جستجوی مقالات مرتبط با کلیدواژه « عهدنامه مودت » در نشریات گروه « علوم سیاسی »

The issue of the relationship between the Islamic Republic of Iran and the United States is one of the most important political, economic, and social issues of the region and the world in the last four decades. The Amity Treaty was signed in 1955 between Iran and the United States to protect a healthy, peaceful relationship without economic and political tensions. Although the MOU has been the source of do's and don'ts for the parties, in many cases these obligations have not been applied or have been violated by the parties, regardless of whether or not they have violated the terms of the treaty. It became possible to bring justice and jurisdiction to this organization. Now, although the United States has announced its withdrawal from the treaty and this decision has affected the proceedings of the International Court of Justice, it is possible for the Iranian government and its persons to comply with their obligations in the event of a breach of the treaty until the treaty expires. It does not preclude the claim for damages resulting from a breach of its obligations. As a result, the Court's performance in its rulings reflects the Court's approach to narrowly interpreting the Convention, on the basis of its jurisdiction, and has adhered to its decisions and findings in matters of form and jurisdiction; as the Court's view is that irreparable damages are not merely financial, but also damages to human lives.

After the U.S withdrawal from Joint Comprehensive Plan of Action (JCPA) and re-imposition of sanctions, Iran filed its application in ICJ with regard to claims for damages arising from violation of Treaty of Amity and re-imposition of sanctions, and indications of provisional measures. By indicating such measures, ICJ orders the U.S to lift sanctions against Iran and meanwhile the U.S declared its withdrawal from Treaty of Amity. In this paper, we examined the legal effects of the U.S withdrawal from Treaty of Amity and its impact on proceedings in ICJ using a descriptive-analytical method. Research findings show that Iran and its individual subjects could request the U.S to be bound by obligations associated with Treaty of Amity by the time it is in force and termination of the Treaty does not preclude claims for damages from violation of its obligations. Additionally, Iran has the right to require performance of duties arising from provisional measures and claim for compensation due to violating it in ICJ.

Studies and analyses carried out about the 2015 Iran nuclear deal, officially known as the Joint Comprehensive Plan of Action (JCPOA), have not properly and accurately addressed the impact of the agreement on Iran's strategic status. This article seeks to study and analyze the impact of the JCPOA on Iran's strategic status in the international system through defining an exact and measurable framework. The authors have studied and measured the impact of the JCPOA on Iran's strategic status with the help of documents and resources available in libraries or on the Internet and by using SWOT analysis to identify strengths, weaknesses, opportunities, and threats. The results and findings confirm the research assumption that the JCPOA has elevated Iran's strategic status in the international system.

The Amity treaty between Iran and the United States of America was signed in 1955. Since the Treaty creates rights and obligations for both parties and referring the cancellation or termination of the treaty by any of the parties has not been executed or submitted, as well as the claims of the two sides also referred to the International Court of Justice(ICJ), therefore, this treaty could be applicable for different legal cases at present and in the future inevitably. In this article we will try to investigate the provisions of the Treaty and the Vienna Convention as well as the International Court of Justice in the cases of Iran and America accordingly, mentioning the fact that this treaty has the ability to come into force in the cases involved between the two parties. Subsequently we shall try to state the American typology of sanctions against Iran, Showing that these sanctions are in violation of the provisions stated in the Treaty of Amity according to the treaty rights, and therefore can be discussed at the International Court of Justice.