EU finds mechanisms allow Iran to enjoy tangible benefits of JCPOA: Falk
EU finds mechanisms allow Iran to enjoy tangible benefits of JCPOA: Falk

TEHRAN – Richard Anderson Falk, professor emeritus of international law at Princeton University “Under present circumstances, the first contribution that can be made by the EU (and others) is to stand behind the agreement in a manner that demonstrates diplomatic resolve and political independence.” Former United Nations High Commissioner for Human Rights says “Obviously, this […]

TEHRAN – Richard Anderson Falk, professor emeritus of international law at Princeton University “Under present circumstances, the first contribution that can be made by the EU (and others) is to stand behind the agreement in a manner that demonstrates diplomatic resolve and political independence.”

Former United Nations High Commissioner for Human Rights says “Obviously, this is not enough. The EU needs to find mechanisms that allow Iran to enjoy the tangible benefits of JCPOA in relation to economic policy and political interaction.”

Following is the full text of the interview:

Q: You recently signed an Open Letter to Federica Mogherini and the European Imperative to Save the Iran Nuclear Deal (http://openlettertomogherini.world/) what was the necessity of this letter?

A: The occasion for writing this Open Letter was to underscore the importance for world peace, the credibility of international law and diplomacy, and the wellbeing of the people of Iran that the JCPOA be respected despite the irresponsible repudiation of the agreement by the U.S. President, Donald Trump. The intention was also to remind Europe that it has a responsibility to its own peoples and to the wider world to do its best under these conditions to reduce the damage caused by Trump’s unilateralism. Europe has been given an opportunity, perhaps the first important one since the end of World War II, to play an independent global role that is not subordinate to the policies of the United States. If we wish to live in a multipoloar world order, this crisis created by American unilateralism, should be addressed in the most constructive manner possible by all political actors. Nothing less will suffice. What happens now will test the resilience of the present arrangements of regional order in the Middle East to manage this series of developments without causing a breakdown that spreads human suffering and devastation.

Q: What can the European Union do to save the JCPOA and guarantee Iran Interest under this agreement?

A: Under present circumstances, the first contribution that can be made by the EU (and others) is to stand behind the agreement in a manner that demonstrates diplomatic resolve and political independence. Obviously, this is not enough. The EU needs to find mechanisms that allow Iran to enjoy the tangible benefits of JCPOA in relation to economic policy and political interaction. What would be most desirable and beneficial would be for the EU to treat Iran as a normal state, with the benefits of normalcy in international relations. The mechanisms for achieving these ends would have to be developed by economists and others, but for the sake of peace and justice the path for the EU to take is clear.

Q: U.S official says that will impose penalty to European companies if they trade with Iran. Under this condition, will European companies dare for working with Iran, especially big companies?

A: This is a question that depends on many uncertainties, including whether the U.S. Treasury will really adopt a punitive approach and the degree to which international companies will be intimidated by threats. It would seem to be a case of unlawful intervention in Iranian society to prevent foreign corporations and other actors from doing business in Iran, and a setback for a cooperative international order. A great deal is at stake as a result of this dangerous confrontation that extends beyond the viability of  JCPOA, including heightened risks of war and the loss of trust in diplomacy as a reliable means to achieve conflict resolution.

It may be that experts on trade and international regulation can devise ways to circumvent the American sanctions programs. It may also be necessary to have recourse to the UN, and to the WTO, if interferences with the international trading rights of Europe or Iran are adversely affected by American policies.