Iran nuclear program

Gareth Porter outlines a legal case in favor of Iran:

Although it has remained unreported in the news media, however, Iran has a legal case that it has remained in compliance with its Safeguards Agreement.

In March 2009, the director of the IAEA Office of Legal Affairs, Johan Rautenbach, called Iran’s reversion to implementation of the earlier version of the Code 3.1 "inconsistent with its obligations under the Subsidiary Arrangements."

But he went on to say that it was "difficult to conclude that providing information in accordance with the earlier formulation in itself constitutes non-compliance with, or a breach of, the Safeguards Agreement as such."

The Safeguards Agreement itself clearly forbids unilateral "modification" of a Subsidiary Arrangement, but it says nothing about withdrawal from such an agreement, which is what Iran is asserting it did in March 2007.

The distinction between "modification" and "withdrawal" from provisions of an international agreement is well established in the Vienna Convention on the Law of Treaties.

Unilateral withdrawal is permitted under that Convention, provided that the provision in question is separable from the remainder of the agreement, is not the essential basis of consent by the other party and continued performance of the remainder of the agreement would not be "unjust."

The head of the IAEA Legal Department appears to have accepted that those three conditions applied to the case of Iran’s "Modified Code 3.1" agreement.