The European Union's International Responsibility for the Good-Faith Implementation of the JCPOA

Abstract

The JCPOA was a pivotal international agreement regarding Iran's nuclear program; its implementation required the parties to adhere to their accepted obligations and observe the principle of good faith. The United States' withdrawal from the JCPOA and the reimposition of economic and secondary sanctions fundamentally altered the conditions for the agreement's implementation, specifically impacting the European parties' ability to fulfill their economic commitments. This study aims to examine the European Union's international responsibility regarding the good-faith implementation of JCPOA-related obligations and the associated legal consequences. The central research question addresses the grounds and conditions for establishing the EU's international responsibility and the resulting legal implications. The study employs a descriptive-analytical method, drawing upon library resources, JCPOA documents, UN Security Council Resolution 2231, and established rules of international law and the responsibility of international organizations. The findings indicate that the JCPOA, Resolution 2231, and related documents have established a significant framework for defining the EU's obligations; good-faith implementation requires refraining from actions that would defeat the agreement's object and purpose, while also necessitating the adoption of appropriate measures within the scope of the EU's competencies. US withdrawal and the resulting unilateralism did not extinguish the EU's independent obligations, though they imposed serious constraints on the practical fulfillment of economic commitments. Furthermore, a mere reduction in Iran's economic benefits is insufficient to establish EU responsibility; doing so requires demonstrating a specific obligation, a breach of that obligation, the attribution of conduct, and—in cases where compensation is sought—a causal link. Should these conditions be met, consequences such as the cessation of the wrongful act, reparation, and assurances of non-repetition would arise. Keywords: International responsibility, European Union, JCPOA, good-faith implementation, unilateralism.