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47 Hofstra L. Rev. 641 (2018-2019)
The Iran Nuclear Deal: The Ethics of Negotiations with a State that Routinely Violates Its Legal Obligations

handle is hein.journals/hoflr47 and id is 661 raw text is: 









                 THE IRAN NUCLEAR DEAL:
             THE ETHICS OF NEGOTIATIONS
             WITH A STATE THAT ROUTINELY
          VIOLATES ITS LEGAL OBLIGATIONS


                             David S. Jonas*

                             I. INTRODUCTION
     Since  the  inception  of  negotiations, the  Iran  Deal  (the  Joint
Comprehensive Plan of Action (JCPOA))' has been a contentious
topic: the subject of debate over both the decisions to accept the deal and
to negotiate it in the first place. Iran's history of pushing boundaries with
its nuclear  program  raised  serious principle and  pragmatic   concerns
about  even  pursuing  such an  agreement.  To  allay these concerns, the
Obama   Administration   set forth several red lines over which  it would
not negotiate.2 The deal that resulted, however, crossed several of those
red lines.
     This  Article argues that entering into negotiations was  proper, as
were  the  initial red lines set forth  by the  Obama Administration.3
However,   the decision  to accept the resulting agreement,  with  radical
deviations  from  those red  lines, was unjustified, setting a dangerous
precedent   almost  guaranteed   to result in  further nuclear   weapons
proliferation. To that end, this Article discusses: (1) Iran's obligations
and  its  noncompliance-focusing particularly on Iran's safeguards


     * David S. Jonas is a partner at FH+H, a D.C. area law firm. He served as General Counsel
of the National Nuclear Security Administration and of the Defense Nuclear Facilities Safety Board.
A retired U.S. Marine Corps officer, he also served as nuclear nonproliferation planner for the Joint
Chiefs of Staff. He teaches Nuclear Nonproliferation Law & Policy at Georgetown and George
Washington University Law Schools and has also taught that subject at the U.S. Naval War College.
Elizabeth Urrutia, during her time as a student at the George Washington University Law School,
has provided exceptional writing and research assistance in preparing this Article.
     1. Joint Comprehensive Plan of Action, U.S. DEP'T ST. (July 14, 2015)
https://www.state.gov/documents/organization/245317.pdf [hereinafter JCPOA].
    2. Teresa Welsh, Did the US. and Iran Get What They Wanted Out of the Iran Deal?, U.S.
NEWS (July 15, 2015), https://www.usnews.com/news/articles/2015/07/15/how-do-the-red-lines-in-
the-final-iran-nuclear-deal-compare.
    3. See infra Part III.


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