Iran’s Latest Ploy for New Nuclear Deal Is Doomed | RealClearWorld
Iran argues, with considerable justification, that it will be unable to realize the economic benefits of the removal of U.S. sanctions if potential business partners in Europe and elsewhere suspect sanctions relief is temporary and will be reversed by the next U.S. administration. But under U.S. law, there is nothing the Biden Administration can do to prevent a future administration from again withdrawing from the deal.
The original JCPOA was adopted as a politically binding executive agreement, which made it easy for the Trump administration to rip it up. Senate ratification of the agreement, which the Obama Administration chose to avoid, would have made it legally binding but not even that would have prevented President Trump from withdrawing. Presidents withdraw from treaties all the time.
Hence the proposal to superimpose a U.N. veto over America s right to withdraw. In theory, the Security Council could if the Biden Administration s went along adopt a resolution prohibiting the United States from withdrawing from the agreement without the Security Council s affirmative consent. Under the Security Council s procedures, such a mechanism would purportedly give countries like Russia and China a veto over any U.S. decision to withdraw.
U.N. devotees undoubtedly believe that such a mechanism would make it illegal under international law for any future U.S. administration to withdraw without Security Council approval. But in America the Constitution is the supreme law of the land, and such a mechanism would not be considered binding by any administration.
There are multiple examples of U.S. willingness to defy binding Security Council resolutions. Then-Senator Biden actually led one such effort in 1995 to enact legislation violating the U.N. arms embargo of Bosnia. And certainly Iran hasn t forgotten its claim that Trump s withdrawal from the JCPOA violated the Security Council resolution endorsing that agreement.
Serious questions — Why are Democrats and Biden so preoccupied with what appears to be a pro-Iran position in these negotiations? Why so much support for what looks like a bad deal? Why did Obama push through this deal in the first place? It can’t be merely animus against Israel, can it? Do they have dreams of establishing a different balance of power in the mid-East? Is it all about somehow cultivating a power against the Saudis? Boy, that would be a very long game, if that’s it. I feel like I understand why some people support Israel (as I do). Is it merely sympathy for the Palestinians that motivates the obvious push behind the Iran deal? That seems highly doubtful. Is it naive to ask what is the US national security interest in all this? Is there some oil angle to this? Signed, Truth Seeker.