Skip to content


The Iran Nuclear Agreement As a Modus Vivendi

At Lawfare, a refresher course in the various level of international commitment:

It is true that most non-proliferation agreements are concluded as Article II treaties, including the Nuclear Non-Proliferation Treaty.  But the Iran agreement lacks some indicia of formality, is short term, does not appear to affect state law, and apparently can be implementedwithout legislation by Congress.  Under State Department practice, all of these factors are relevant to determining the appropriate form of binding international agreements, suggesting that this agreement could be concluded as a sole executive agreement.

I don’t see how a treaty with a six-month horizon could be meaningfully ratified by the Senate, anyway, so implementing this as an agreement makes more sense, to the extent that it makes any sense at all.

Posted in Foreign Policy, Law.