David Jonas and Dyllan Taxman’s insightful article— “JCP-No-Way: A Critique Of The Iran Nuclear Deal As A Non-Legally-Binding Political Commitment” —examines the Iran Nuclear Deal and its place in prior US arms treaties.
By positioning the Iran Nuclear Deal within the historical context of past agreements, American treaty-making, and national and international political norms, the authors conclude that the use of a non-binding political commitment to rein in Iran’s nuclear weapons ambitions was both novel and inappropriate.
Instead, the authors argue that the Obama Administration should have used one of the available legally binding agreement options when negotiating with Iran. While the Trump Administration has since withdrawn from the Iran Nuclear Deal, this article highlights the importance of the US prioritizing future arms agreements that carry the force of law.
Partner, Fluet Huber + Hoang; Former General Counsel, National Nuclear Security Administration; Former General Counsel, Defense Nuclear Facilities Safety Board; Adjunct Professor, Georgetown University Law Center,
The George Washington University Law School, and former Adjunct Professor at the U.S. Naval War College. B.A., Denison University; J.D., Wake Forest University School of Law; LL.M., The Judge Advocate General's
School, U.S. Army; LL.M., Georgetown University Law Center; M.A., U.S. Naval War College.