Author: Daniel Muller / Publication Year: within 25 Years

Author:: Daniel Muller
Publication Date:: 04-2018
Content Type:: Policy Brief
Institution:: The Geneva Centre for Security Policy
Abstract:: This Policy Forum issue advocates using elements of the Joint Comprehensive Plan of Action (JCPOA or agreement/accord) in prospective negotiations to create a zone free of weapons of mass destruction (WMD) and their delivery vehicles (DVs) in the Middle East. In a stalemated situation resembling efforts to negotiate a zonal arrangement, the JCPOA after more than 12 years of negotiations succeeded in striking a multilateral deal among adversaries with diverging capabilities and agendas who doubted each other’s intentions and were reluctant to make concessions.By establishing an incentive-based mechanism that encouraged and facilitated cooperation, the JCPOA succeeded in trading various issues to reach common ground in an incremental step-by-step approach of carefully sequenced quid pro quos. Framed as an agreement among equals and safeguarded by multiple compliance mechanisms, the JCPOA (or aspects of it) could serve as a toolbox for zonal negotiations on disarmament, help to link hardened actors, and break up entrenched interest structures and dogmatic policy positions.
Topic:: Security, Treaties and Agreements, Weapons, and Disarmament
Political Geography:: Iran, Middle East, and Gulf Nations

Author:: Daniel Muller
Publication Date:: 02-2014
Content Type:: Journal Article
Abstract:: Time is an important element in the process of reservations to treaties and, consequently, in the legal regime established by the Vienna Conventions for reservations and reactions thereto. The very definition of reservations, embodied in Article 2(1)(d) of the 1969 and 1986 Vienna Conventions, as well as in Article 2(1)(j) of the 1978 Vienna Convention, and incorporated in the definition adopted by the International Law Commission in its Guide to Practice, includes precise indications and limits concerning the moment in time for a reservation to be formulated. In practice, however, reservations have been made before and after this peculiar moment. The work of the International Law Commission has shown that these are still reservations, even if they are not contemplated by the Vienna regime. But they can nevertheless deploy their purported effects under some additional conditions. The same holds true with regard to objections to reservations which can be formulated prematurely or late. They are still objections even if their concrete legal effects may be affected. Whereas time is important for the legal consequences attached to reservations and reactions thereto, it plays a less important role in the overall process of reservations dialogue.
Topic:: International Law
Political Geography:: Vienna

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