Int. j. econ. manag. soc. sci., Vol(4), No (5), May, 2015. pp.

403-410

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Consideration of the UN Security Council Practice and the Process of

Ratification of its Resolutions, in Particular the Resolution 1737
Regarding Irans Nuclear Issue
Rahim Ramzan Ashrafi *
Department of Law, Islamic Azad University, Central Tehran branch, Tehran, Iran.

Hossein Rostamzad
Assistant Professor, Department of Law Islamic Azad University, Central Tehran branch, Tehran, Iran.
*Corresponding author: shamym21@gmail.com

Keywords

Abstract

UN Security
Council Practice
Process of Ratification
Irans Nuclear

In the introduction and in the very important articles of the UN Charter concepts, objectives and principles are
referred that one of the means to achieve them is disarmament.
International peace and security, preventing a third world war and establish permanent peace for present and
future generations of humankind, a ban on the use of force in international relations, the necessity of resolving
international disputes by peaceful means, and avoiding placing of the war as national policy, all confirms the
points that it is incompatible with proliferation and on the contrary, the disarmament is one of requirements to
implement them.
Thus, the UN Security Council has authorized itself to in the primary responsibility for maintaining international
peace and security framework, conduct to these issues and even under Chapter VII of the Charter takes action
against states that are not committed to disarmament. These actions of the military and economic sanctions to
establish subsidiary bodies as observers of disarmament and even to the prescribed force if they dont adhere,
have been different.
Challenges that for many years continued in relations of the Islamic Republic of Iran and IAEA about the nature
of Iran's nuclear program, lead to 1696 Act thirty -first of July 2006 in accordance with the ninth Mordad 1385,
the Security Council of the United Nations eventually was committed about Iran sanctions by the Security
Council under the Resolution 1737 adopted by the twenty December 2006 in accordance with the second and
third Persian date Azar 1385. Investigation process and analyzing how was the process of the Security Council
adopted its resolution (in particular Resolution 1737) on Iran's nuclear program is the subject of this thesis.

Introduction
UN Security Council before the end of the Cold War and collapse of communist system did not gain much success in issuance of resolutions on
various international issues, but after the collapse of communism and the end of the Cold War, got greater mobility and issued resolutions verify
this subject.
Historical developments both in terms of quantity and also the quality have been effective on the UN Security Council. Quantitative terms, the
Council until 7 July 2005, the council issued 1611 Resolutions. But this Council until August 1990, only issued 659 resolutions during its 45
years life. In addition, the use of the right of veto has declined.
But in quality terms, Council also by providing a broad interpretation about the concept of international peace and security, reacted against
various subjects. Pursuant to section one of the Charter, whenever peace is threatened and to remove the threat, if collective actions is necessary,
the Security Council as a trustee enters into effective action and continue it as far as threats isnt disappeared. Weapons is indeed a threat to
international peace and security, even in the era of the League of Nations and disarmament was considered to secure universal peace.
Disarmament is the reduction or elimination of certain or all weapons to end the arms race. Since the year 1930 some proposals were presented
aimed to control of nuclear weapons, which eventually lead to complete disarmament of nuclear and atomic weapons. So it is clear that
disarmament is in higher level than control. That is why the weapons control is a strategy that its final destination is disarmament and the
explosive power of nuclear weapons with a nuclear test in New Mexico Desert with the United States in 16th July 1945 showed usage of nuclear
weapons how much can endanger peace and global security and able to subjugate inevitably brought terrible calamities.
Then a nuclear weapon is the weapon that is able to release nuclear energy and its feature set, leading to their use for military purposes. Nuclear
power is among the most general knowledge of nuclear issues that now has a major role in supplying energy to various countries, especially
developed countries. Importance of energy and different sources of it, now is a part of the main approaches of governments. In other words, the
key issues in each country to economic and social development, is review, modification and use of resources which are existed in that country.
Today, the political, economic crisis and the issues such as limited resources of fossil fuels, environmental concerns, population and economic
growth are all issues that span the universality that all scientists think about appropriate solutions in solving energy problems in the world.
Currently, most countries realized the importance of ensuring the needs of present and future energy sources, and conduct extensive investment
and researches in order to discover policy, strategy and infrastructure plans.
Nuclear Energy in its destructive form, becomes a deterrent and operating authority in international politics and made the world of culture and
politics busy with new issues. Issues that were located close relationship with the public and diplomatic policies and brought ethical and
philosophical problems.
Now the phenomenon of nuclear power lies among the political struggles and its procedures and functions and a shadow of Ambiguity and
duality covers functions and constraints of this new force.
Atomic Energy of a hand, is useful to optimize medical advances, space exploration and other humanitarian goals and on the other hand, is an
inhumane and destructive weapon that could cause to irreversible and lasting genetic and environmental disaster. In recent years, a new
technology for equipment, transportation, energy consumption and public expectations for participation in energy decision-making and
environmental crisis became as a very effective factor in energy market.

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International Journal of Economy, Management and Social Sciences Vol(4), No (5), May, 2015.

Each of these factors together and intrinsically strong potential can reshape the global energy economy.
For example Chernobyl disaster and nerve gas emissions can be cited that was carried out by Japanese terrorists in Tokyo's subway. Before the
explosion of the first atomic bomb on Hiroshima had bad results among organisms and the humanity environment and still has its victims too,
these were due to destructive aspects of the nuclear activation but in medical technology and space achievements also atom was employed and to
create welfare, people insist on the necessity of achieving the atom production cycles.

The issue
World War II is most horrific general war that history remembers, breadth of five continents was dragged into the war. The whole world was
somehow affected by the war. War to this extent and the degree of intensity where the risks and suffering of war not only against the military
forces but also people in defenseless towns people, forced everybody for remedy.
Meanwhile, the Allied countries for political and psychological reasons felt the need for an international organization. League of Nations was too
weak to be revived again. However, the experience gained in creating the United Nations. Allies in the hope that the United Nations could
prevent the outbreak of another war, established it with a collective effort. In 1945 AD and following the United Nations Conference on
International Organization, the United Nations came into existence after the dissolution of the League of Nations. The cause of the dissolution of
the League of Nations which was formed in 1919 was because of its failure in maintaining peace and international security because it could not
prevent the onset of the second international war.
As noted, the United Nations was founded to maintain international peace and security that this monumental task under Article 24 of the UN
Charter, the Security Council has delegated its responsibility and the role of the pillars of the organization can be found over here. Due to the
inability of the United Nations in Preserving Peace, monumental task of international peace and security were entrusted to a Council which was
composed of the victors of World War II and China. Articles 26 and 24 of the Charter of the United Nations have expressed Duties and Powers
of the Security Council.
Security Council is required to operate accordance with the purposes and principles of the United Nations. In other words, actions and decisions
of the Council shall be in accordance with the Charters contents and the Council does not carry out arbitrary actions. The main task of
maintaining peace and international security, in accordance with Chapters VI, VII and VIII is related to the Security Council.
Overview of the United Nations Charter in relation to the duties and powers of the Security Council indicated that the UN Security Council itself
is responsible to recognize the references which threatening international peace and security, namely the threat to the peace, breach and violation
of the terms are defined by the Council, itself.
The Council, in accordance with Articles 41 of the UN Charter, can adopt non- coercive measures such as economic sanctions, air, suspension
etc., against the offending members and if it is not effective and the detection of the Council, under Article 42 adopt coercive actions or the
license issued to countries with military power. Today, terrorism, human rights violations and weapons of mass destruction constitutes a threat to
international peace and security. As stated one of the issues that threaten international peace and security are the weapons of mass destruction.

Literature
It could be said about the literature that since the human pursuit of weapons of mass destruction, especially nuclear weapons, human always
thought that it would prevent its bad effects. That's why drafting declarations, covenants, conventions and forming conferences and international
organizations were a part of the actions. Security Council in maintaining international peace and security issue have been written books and
articles. But these books or articles conducted political analysis and the Security Council to maintain international peace and security issues or
just partially some legal arguments have been mentioned in this context.

Research questions
The United Nations Security Council can only issue a resolutions when the matter referred to the contents of the Charter, to endanger
international peace and security, considering that Iran's nuclear program is not a threat to international peace and security, why the Security
Council issued the resolution based on forty- one article of the Charter?

The concept and identity of international peace and security

In 1945 the United Nations as an instrument of law and order and peace, was created to save future generations from the ravages of war. The aim
of the Charter was clearly to prevent war and maintain peace. To this end, the Charter prohibits the use of force or threat of force and collective
security organization has been entrusted to the Security Council. Duty to take collective action on threatening of peace, or act as a collective
reaction against a government that aims to change the status quo by force, has been delegated to the Security Council. Under the UN Charter, to
use force only possible in two ways:
1. In cases where the implementation of the system of collective security was threatened or infringed, or act of aggression has taken place.
2. In self-defense in the way of United Nations (primarily the General Assembly) to strengthen international peace and security and also in
cases where the interests of this or that great power, threaten or violated peace, the structure of the Security Councils enthroned five
major power that no action regarding the maintenance of international peace and security is not possible without their agreement and in
most cases this, was the reason of the inability of the Security Council.
The scope of international peace and security is altering as well as social changes. So, does this mean that determining their content, identifying
instances threatening factors, breach of peace and act of aggression on the basis of predetermined criteria is not possible? Positive peace is to try
to resolve the causes of conflict. Peace is not just a ceasefire, but one of its constituent elements is the exchange of communications between the
parties.
In implementing positive peace process, not only the military forces stop fighting with each other, but also the political, economic disruption
return to the peace conditions, in peace studies these factors form the social conflict that lead to war. Now, if peace is to be restricted solely to
the threat or use of force against the territorial integrity or political independence of each government or meaning of a threat to the status quo or
no breach whether, its considered as negative peace.

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Concepts referred to Article 39 of the Charter of the UN Security Council

The Security Council after being sure about the existence of conflict or crisis and made it clear, the decision is adopted, invites parties to restraint
or adopts coercive acts. In most cases, the Security Council, under Chapter VII issued his ruling. On Chapter VII, the Security Council under
Article 39, is authenticating any threat to the peace, breach of the peace or invasion act and will issue some recommendations or will decide to
keep the peace or restore peace and international security, in accordance with Articles 42 and 41 of the Charter. In fact, Article 39 is
jurisdictional basis of Chapter VII.
Thus, the prerequisite for taking enforcement actions by the Security Council (Threats to the Peace, breaches of the Peace and invasion act) is
based on Article 39 of the Charter. This condition implies the support of Member States against arbitrary action by the Security Council. In
many cases, however, in the Security Council, they does not warrant their sentences documentary on a certain Charters article, namely, in the
introduction or in the text, it does not stipulate that the dispute or crisis, are the true meaning set of Article 39. So the order will be issued within
the framework of Chapter VII and this is because the Councils members always dont have coalition to determine the difference kind.
Therefore, the Security Council resolution is practically that implicitly refers to emerge difference in the world, that anyway, the evidence is
referred to one of three concepts of Article 39.

International Atomic Energy Agency and the Treaty on the Non-Proliferation of Nuclear Weapons
International Atomic Energy Agency, the main core of cooperation and ensure in the peaceful use of nuclear energy, as an independent global
institution in 1956 at an international conference in the UN headquarters, New York, established and enacted its constitution. In United Nations
General Assembly in the same year an agreement regarding the brokerage relationship with the United Nations was approved.

Treaty on the Non-Proliferation of Nuclear Weapons

As before stated the United States of America was the first country achieving nuclear bomb in 1945 and unfortunately misused it and for
monopoly and its concealment, tried to prevent other countries from reaching these weapons, but the world during the Cold War arms race fell in
the whirlpool with a reserve of approximately eighty thousand and United Nations General Assembly due atomic bombing of Hiroshima and
Nagasaki in 1945, and concerns about the use of these weapons again, the first resolution was shifted to issues related the discovery of atomic
energy. In June 24, 1946 so that the issue of energy and nuclear weapons The number one resolution acted to the establishment of the Atomic
Energy Commission of the United Nations Under Security Council. After the end of World War II negotiations for nuclear disarmament and
controlling of nuclear technology began. In the Charter of the United Nations, disarmament is among the issues which discussed in general
assembly. But while the Charter of the Collective Security System and the Security Council authority talk to maintain international peace and
security. America in 1946 with the Baruch Plan calling for the abolition of nuclear weapons under international supervision, but Soviet Union
rejected the idea of the primacy of international monitoring, called for priority on the elimination of nuclear weapons.
Additionally Soviet opposition on the acceptance of Baruch Plan, if the plan was accepted, America is the only power that has the ability to
make nuclear weapons, also the influence and domination of America in UN decision-making process was dominant. However in that time.
Soviet looking to develop their nuclear capability and immediately looking for his first nuclear test. The difference in views between the two
countries prevent agreement about other areas of disarmament as well. Korean War stamp of approval importance of conventional weapons and
in 1952 the two powers agreed for formation of the Disarmament Commission to all aspects of disarmament such as conventional weapons,
nuclear, chemical and Microbial to be particularity reviewed. Westerners focus primarily on reducing conventional arms and then enter the stage
of nuclear weapons but as opposed to the West, primarily focused on limiting nuclear weapons and then create an oversight agencies and
demilitarization of some parts of Europe. after many struggles since reaching general and comprehensive agreement seemed impossible ,
disarmament focused on the individual and the individual agreements including the agreement on limiting nuclear testing that concluded in 1963
and sustained efforts of the Nuclear Non-Proliferation Treaty resulted in 1968 and then the Strategic Arms Reduction Talks ( SALT ) , which
was signed in 1972.
The changing pattern of disarmament activities used to reduce weapons of nuclear weapons in free zones. In December 5, 1961, UN General
Assembly approved unanimously a resolution that it was entitled to prevent nuclear weapons, according to the resolution almost all countries are
urged to conclude agreements on non-proliferation of nuclear weapons. However, the main basis of the NPT, represented by two Former Soviet
Union and America in 1965 and a joint project in 1967 that provided to Geneva Committee on Disarmament of Eighteen countries .In Joint Plan
(America and the Soviet Union) predicted non-nuclear countries to accept international monitoring obligations under the Agreement on the
International Atomic Energy Agency.
With all the existed ups and downs finally in twelfth of June1968, Nuclear Non-Proliferation Treaty in 2373 Resolution by the General
Assembly with 95 votes and 4 negative votes (Albania, Tanzania, Zambia and Cuba) and 21 abstentions was adopted. At first July 1968, the
treaty in London, Moscow and Washington was opened for signature and entry into force in March 5, 1970. Ratifying the Nuclear
Nonproliferation Treaty, although was a big step, but it is also a first step toward disarmament. Countries without nuclear weapons argued that in
exchange for forgoing weapons manufacturing or receive them they should be guaranteed for protection against invasion or nuclear threat.
Soviet presented a proposal that became known as Caspian formula suggested that the use of nuclear weapons against those countries that do not
have nuclear weapons on their territory is prohibited. The formula for America and the countries of NATO are not acceptable in some ways.
Finally, America, the former Soviet and England in March 1968, presented a resolution to the 18 people Committee which its documentary was
based on declarations that each of these three states cited in meeting Security Council and declared if the event of a nuclear threat or aggression
against one signatory state of the treaty which does not have nuclear weapons, through the Security Council they will act to suppress aggression
or threat elimination. The resolution on June 19, with ten votes in favor, no votes against and five abstentions was approved in the Security
Council. Algeria, Brazil, France, India and Pakistan abstained. The above resolution was criticized by some countries thats why they think that
the resolution Security Council has a discriminatory nature and has conflict with the spirit of the Charter, however, the Security Council has the
primary responsibility to maintain peace and security in the world and its decisions shall adopt in accordance with the principles of the UN
Charter. Thus, the permanent member-countries pledged to help a certain governments that are party to the Charter, is contrary to the Charter.
Moreover, the fact that there is disagreement about the meaning of invasion and the veto right of the permanent members of the Council may be
prevented from making a decision and that Document has no legal validity and in return of withdrawal from the obtaining and production of
nuclear weapons, nothing is Given to the countries without nuclear weapons.

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Objectives of Nuclear Non-Proliferation Treaty

Nuclear weapon is one of the best examples of weapons of mass destruction. However, during the negotiations on the Nuclear Non-Proliferation
Treaty comprehensive nuclear test banning, they failed to provide a definition of nuclear weapon, while there is the only definition of this
weapon and this is a sense in which it is predicted Arms Control Protocol III of Annex II. The need for the international community to conclude
treaties and arrangements of prohibition of nuclear weapons, nuclear tests have been one explode in order to achieve this weapons with other
offensive goals which have been taken from the early 1950s and has become popular in the following decades. United States of America, is
inventive of production and applying of nuclear weapons in the world, since the first test of a nuclear explosion on July 16, 1945 in Alamogordo
in the country of Mexico was co ducted and in August of that year the successful testing led to using the atomic bomb on Nagasaki Hiroshima at
the end of World War II. In these two periods there were the exclusive use of nuclear weapons by two opposing currents in the international
community. On the one hand, the military powers of the world planned to achieve this be winning card in the next wars and on the other hand ,
all world cursed this invention and not condemned but wanted that the world be free of them because of similar disasters and even more serious
may cause in the future.
The Nuclear Nonproliferation Treaty, is a part if the rights of peace not of war. Commitment to no use nuclear weapons, nonproliferation
obligations, including the prohibition of deep communion with the production, acquisition and stockpiling of these weapons, as well as general
and complete nuclear disarmament negotiations. With a broad interpretation, since production, development and acquiring inhumane weapons
ultimately is to use them, it will affect the legitimacy of the before processes. Nuclear Non-Proliferation Treaty is an important international
agreement with three fundamental goals:

Preventing the spread of nuclear weapons and nuclear technology for military purposes.

Enhancing international cooperation in the field of nuclear energy for peaceful purposes.

Nuclear disarmament and finally the complete and public disarmament

Nuclear Non-Proliferation Treaty after long negotiations among states having nuclear weapons, ultimately with 11 was signed articles on July 1,
1968. Nuclear Non-Proliferation Treaty since the March 5, 1970, entered into force and until March 2002, a total of 188 governments, including
five nuclear weapons owner states joint it.
The most fundamental contained point in the Treaty is establishing a system to ensure its conservation. This protection system under the
responsibility and supervision of the International Atomic Energy Agency is headquartered in Vienna. The protection system mentioned in the
treaty means that IAEA experts by referring to the territory of the states, check whether the government acceded to the Treaty, in accordance
with its obligations, treated their obligations or not ? Another point in accordance to this treaty is third paragraph of VIII article of the Treaty,
which allows the action circle and efficiency of the treaty, once every 5 years be evaluated.
Nuclear Non-Proliferation Treaty consists of a preamble and eleven articles. Recalling the use of nuclear weapons treaty at the end of World
War I, that brought destruction and nuclear proliferation, increase the danger of nuclear war, Therefore, with expressing of longing and hope for
the elimination of all existing nuclear weapons and that pursuant to the UN Charter states in its international relations avoid from the threat or
use of force eleven articles are as following.

Review the summary of eleven articles of nuclear Non-Proliferation Treaty

The first article of the Treaty: Each nuclear-weapon State Party to the Treaty undertakes not to transfer to any recipient whatsoever nuclear
weapons or other nuclear explosive devices or control over such weapons or explosive devices directly, or indirectly.
Article II of the Treaty: Each non-nuclear-weapon State Party to the Treaty undertakes not to receive the transfer from any transferor whatsoever
of nuclear weapons or other nuclear explosive devices or of control over such weapons or explosive devices directly, or indirectly
Article III of the Treaty: each state party to the treaty without nuclear weapons committed in the agreement on Nuclear Non-Proliferation Treaty
and merely to review and approve of the relevant government commitments accepts regulated safeguards, these safeguards include:

All raw materials and special fissile products, in all peaceful nuclear activities for peaceful purposes, to be under the control of the
government.

Doesnt deliver raw materials and special fissile products to any non-nuclear weapons country.

Equipment or materials especially for the processing or production of fission products, design or procurement, does not deliver to any
non-nuclear weapon states.

These safeguards will be implemented not to prevent economic or technological development of parties of the Nuclear NonProliferation Treaty or impede international cooperation in the peaceful uses of nuclear energy.

States parties to the Treaty which has no nuclear weapons, in order to comply with the provisions of the present Treaty, will conclude
an agreement individually or with other states with the Agency.
Legal description of the first paragraph of Article III of the Treaty on the Non-Proliferation of Nuclear Weapons with Emphasis on Nuclear NonProliferation Treaty:
A non- nuclear weapons states that have joined the treaty, have signed a separate agreement with the agency to ensure compliance with and
enforcement of the provisions and obligations contained in the treaty.
(B) The Iranian government after its accession to the Treaty on the Nonproliferation of Nuclear Weapons, on the nineteenth of June 1973 in
implementation of the above agreement as an agreement between Iran and the International Agency for Atomic Energy to implement protective
measures as signed the Nuclear Non-Proliferation Treaty in Vienna. Agreement is set forth in detail in Article 98 and detailed inspection to
ensure the protection of implementation is anticipated.
Article 23 of the Agreement, the implementation of protective measures in Iran accordance with other previous agreements with Iran, which this
Agreement is being executed is stopped.
Iran government In addition to the nuclear Non-Proliferation Treaty and cited agreement,
Signed Suspended Tripartite Protocol in June 19, 1973 and the cause of the signing of the protocol is that the Governments of the US and Iran, in
the fifth of March, 1957, concluded a cooperation agreement between the Governments of Iran and the United States of America concerning

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peaceful uses of nuclear energy that under the agreement the united States brought to Iran materials and equipment for use of nuclear energy for
peaceful purposes, as well as research items.
This suspended Protocol that annexed to the abovementioned Agreement, Allowing all of America government aids to the Irans Government is
brought under the supervision of the International Atomic Energy Agency. This protocol, known as the suspended protocol of International
Atomic Energy Agency pending agreement between the Government of Iran and the United States of America be applied and prepared for the
implementation of safeguarding measures, according to the Nuclear Non-Proliferation Treaty in the June 19, 1973 in Vienna, Austria.
Article IV of the Treaty
1. Nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research,
production and use of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of this
Treaty.
2. All the Parties to the Treaty undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment,
materials and scientific and technological information for the peaceful uses of nuclear energy. Parties to the Treaty in a position to do
so shall also co-operate in contributing alone or together with other States or international organizations to the further development of
the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon States Party to the Treaty,
with due consideration for the needs of the developing areas of the world.
Given the importance of Article IV of the Treaty on the Non-Proliferation of Nuclear Weapons that in the conflict between the Islamic Republic
of Iran on the one hand and the governments of Britain, France and Germany over the last three years, this article is cited by Iran and in fact, Iran
claims that if the matter was not mentioned in the Treaty on the Nonproliferation of Nuclear Weapons, the government of Iran did not feel it
necessary for accession to the treaty.
Section II: Legal Description of, with emphasis on Article IV of Nuclear Non-Proliferation Treaty
Conference on review and extension of the Nuclear Non-Proliferation Treaty from April 17, to May 11, be held in New York. The treaty without
any modification was extended indefinitely.
Extension of the Nuclear Non-Proliferation Treaty without vote considered as a triumph for the international community as a whole of it.
In fact, over all, the five members of the UN Security Council should be considered as winners, Because of their advantages have been
confirmed. In fact, the extension of the Nuclear Non-Proliferation Treaty closed doors of the nuclear club. In contrast, the right of states without
nuclear weapons to acquire and development of nuclear energy has been approved for peaceful purposes.
Article IV of the Treaty, in order to transfer nuclear technology for peaceful purposes has been developed. The first part of this article, the nondevolved governments benefit for the research of production and use of nuclear energy for peaceful purposes is approved. The Right to use
nuclear technology and scientific achievements in law has never been questioned or denied and even the indigenous rights by recognizing the
right to life verify the right to development.
The second section of the fourth article relates to the obligations of the parties with respect to possible facilitation related to exchange of
equipment, materials and scientific and technological information for the peaceful uses of the atom. The third and finally article is written
precisely and emphasize on the use of nuclear energy and cooperation for peaceful purposes and is as a supplement for the first and second
articles of the treaty.
Based on the above description it can be concluded that Article IV of the Treaty, gives the right to all States Parties to the Treaty on the NonProliferation of Nuclear Weapons, Within the rules of the IAEA, use Nuclear energy for peaceful purposes and all member states, especially Iran
citing this article know it their inalienable right to use peaceful benefits of nuclear energy. The purpose of Article IV of the Nuclear NonProliferation Treaty, which to consent developing countries which make up a large part of governments and thereby encourage them to accept
the obligations of the non-proliferation regime,
in other words, not only peaceful nuclear activities, is the inalienable right of all states including non-nuclear developing countries, facilitating
this activity in international arena is a collective task of states.
Article V of the Treaty: Each of the Parties to the Treaty undertakes to take appropriate measures in accordance with the provisions of this
Treaty and under international supervision, potential benefits from any peaceful uses of nuclear explosions, given the principle of nondiscrimination, was given to all non-nuclear weapon States parties to the treaty.
Article VI of the Treaty: each Treaty parties commit to peruse treaty negotiations in good faith on halting the nuclear arms race and also to
discuss about nuclear disarmament and to pursue general disarmament treaty.
Article VII of the Treaty: no article of the Treaty hurts the right of any one of the various governments to ensure the total absence of nuclear
weapons in their territories, attempting to establish regional

Article VIII:
1. Any Party to the Treaty may propose amendments to this Treaty, the Depositary Governments shall convene a conference, to which they shall
invite all the Parties to the Treaty, to consider such an amendment. 2. Any amendment to this Treaty must be approved by a majority of the votes
of all the Parties to the Treaty, including the votes of all nuclear-weapon States Party to the Treaty and all other Parties which, on the date the
amendment is circulated, are members of the Board of Governors of the International Atomic Energy Agency. 3. Five years after the entry into
force of this Treaty, a conference of Parties to the Treaty shall be held in Geneva, Switzerland, in order to review the operation of this Treaty
with a view to assuring that the purposes of the Preamble and the provisions of the Treaty are being realized. 4-At intervals of five years
thereafter, further conferences with the same objective of reviewing the operation of the Treaty will be conducted
Article IX: 1. This Treaty shall be open to all States for signature2. This Treaty shall be subject to ratification by signatory States. 3. Instruments
of accession and approval to rule America, Britain and Russia, who are appointed for holding governments, will be surrendered.4. Equipped with
nuclear weapons state refers to the state before the January 1967 detonated a nuclear weapon or a nuclear explosive device .
Article X: 1. Each Party shall in exercising its national sovereignty have the right to withdraw from the Treaty if it decides that extraordinary
events, related to the subject matter of this Treaty, have jeopardized the supreme interests of its country. It shall give notice of such withdrawal
to all other Parties to the Treaty and to the United Nations Security Council three months in advance. Such notice shall include a statement of the

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extraordinary events it regards as having jeopardized its supreme interests. 2. Twenty-five years after the entry into force of the Treaty, a
conference shall be convened to decide whether the Treaty shall continue in force indefinitely, or shall be extended for an additional fixed period
or periods. This decision shall be taken by a majority of the Parties to the Treaty.1

Article XI
This Treaty, the English, Russian, French, Spanish and Chinese texts of which are equally authentic, DONE in triplicate, at the cities of London,
Moscow and Washington, the first day of July, one thousand nine hundred and sixty-eight.

Cooperation Agreement between the governments of America and Iran on civilian use of nuclear energy
The first serious step in the field of nuclear science and technology in Iran was in 1956. In the fifteenth Persian date Esfand 1335, the
cooperation agreement between Iran and America concerning Peaceful Uses of Nuclear Energy was signed. This Agreement consists of a
preamble and eleven of the twelve years later, in Persian date Bahman 1337, in the National Assembly passed.
As nuclear cooperation agreement between Iran and America, Institute for Nuclear Sciences was under the Central Treaty Organization, moved
from Baghdad to Tehran and Tehran University, and founded a Center for Nuclear Research and Training. This is three years later in 1953 under
the Eisenhower plan ( Atoms for Peace) the mentioned center with attempt to introduce the atoms and atomic energy , an exhibition under the
same title ( Atoms for Peace corrected) who picked up somewhat toward nuclear energy is equivalent to the destruction of the war.
A few years later, in 1958 at the suggestion of Tehran University, building a nuclear reactor on the agenda was the approval of the Cabinet. In
this regard, the President of America to promote his plan, gave Iran a nuclear reactor. Construction of reactor at Tehran University begin in 1961
and in November 1967 was ready to work and was utilized. The capacity of the Reactor was five megawatt with 584/5 kg of highly enriched
uranium fuel ninety- three percent until 1978 funded by America, worked.

Agreement on cooperation in the field of nuclear fuel cycle processes for the peaceful uses of nuclear energy between the
governments of Iran and the UK
Cooperation with Iran and England was in the field of nuclear fuel cycle processes. During the years 1975 to 1977 contracts for the purchase of
uranium and uranium conversion were signed with different British companies.

Agreement on cooperation in the peaceful uses of nuclear energy between the Governments of Iran and Republic of India
This Agreement consists of an introduction and six annexed to the Agreement on cooperation in the peaceful uses of nuclear energy between the
Government of Iran and the Government of India. Cooperation with India was more in the field of training and exchange of information. In 1977
a nuclear cooperation agreement was signed between Iran and India in the field of training and exchange of information.

Nuclear cooperation agreements with Iran after the Islamic Revolution

Agreement on cooperation in the peaceful uses of nuclear energy between the governments of Iran and the Russian Federation
Government of the Russian Federation and the Government of the Islamic Republic of Iran in the field of peaceful uses of nuclear energy in the
April 1993, signed cooperation agreements whereby the parties agreed to cooperate in the following areas.
Basic and applied research in the field of peaceful uses of nuclear energy, research , development and education, scientific and applied research
on the safety of nuclear power plants, exploitation experience and diagnostics systems and support, radiological Protection and Nuclear
Safety, radioisotope production and application , fuel cycle and ecology, design , construction and operation of research reactors and nuclear
power plants , manufacturing of components and materials for use in nuclear reactors and the fuel cycle, exiting from operation ,
decontamination and waste management , nuclear fusion research , research on production technology of lasers and their applications , other
technological dimensions of peaceful uses of nuclear energy that is beneficial to both parties.
Agreement on cooperation in the field of peaceful uses of nuclear energy between the Government of Iran and Peoples Republic of China
Government of the People's Republic of China and the Government of the Islamic Republic of Iran in the field of peaceful uses of nuclear
energy cooperation agreements signed on the twenty fourth Persian date April 1993. Whereby the parties in accordance with the provisions of
this Agreement, in the field of peaceful uses of nuclear energy on the basis of mutual respect for sovereignty, non-interference in the internal
affairs of each other and mutual benefit, will work. According to Article II of the Agreement, the parties agreed to cooperate in the following
areas.
Basic and applied research and development with regard to the peaceful use of nuclear energy, research, design, construction and operation of
nuclear power plants and research reactors , uranium ore exploration , mining , construction and provision of nuclear fuel rods used in nuclear
power plants and research reactors, radioactive waste management, production and use radioactive isotopes . In industry, agriculture and
medicine, nuclear safety, radiation protection, physical protection, environmental protection and other areas of cooperation that could be agreed
upon by the parties. According to Article III of the Agreement, the parties agreed the matter of Article II carried by the following methods
Exchange of scientific and technical personnel training, exchange of scientific information, technical documentation, holding symposiums and
seminars, mutual supply of materials and equipment related to the above fields, providing relevant technical advisory services, paying wages and
presenting scholarships, establishment of joint working groups for specific projects in the field of scientific research and development, Other
methods of cooperation by the parties can be agreed.

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Consideration of the UN Security Council Practice and the Process of Ratification of its Resolutions, in Particular the Resolution 1737 Regarding Iran...
International Journal of Economy, Management and Social Sciences Vol(4), No (5), May, 2015.

Membership of Iran in the Treaty on Nonproliferation of Nuclear Weapons

Iran at the time of previous regime at the time of design and build the Bushehr plant and to take advantage of technological services of the
agency joint in the Nuclear Non-Proliferation Treaty and in 1995 was continued its membership.
The treaty considers rights and privileges to its members whereby members can benefit from the peaceful uses of nuclear energy that
unfortunately the rights of Iran to use the points raised in the Treaty is not guaranteed. Article IV of the Treaty states: ((None of this treaty shall
be interpreted in such a way that the inalienable rights of each member of the Treaty to develop research, production and utilization of nuclear
energy for peaceful purposes, does not be impaired. This utilization without any discrimination will be on the basis of Articles 1 and 2. ))
In another section of Article IV of the Treaty, countries have the nuclear technology required to ( (as soon as exchange of equipment, materials,
science and information, nuclear technology to other countries for peaceful purposes and in continue the same article states that((Members of the
Treaty if be able, shall individually or jointly cooperate with other members , with international organizations to the further development of
nuclear energy for peaceful purposes, Especially in the realm of non- nuclear - members.))
Contrary to what is stated in the text of Article IV, Not only no countries which has the technology in technical, knowledge exchange, sending
equipment field etc. didnt help Iran, but also we saw actions against the legislation and the contents of the treaty. Including the German
government abolished its previous contract to build the Bushehr nuclear power plant as one-sided and illogical and other countries such as
Russia and China, according to the provisions of Article IV of the Treaty to cooperate with Iran for peaceful purposes faced with political,
economic and international pressures by America and its allies and the intense pressure to prevent Russian nuclear cooperation with Iran
continues.
So is clearly seen that the membership of Iran only used to pressure against our country and America and its allies with the apparent and illegally
cooperation of the agency any of the covenants in favor of Iran is neglected and prevent it from running and on the contrary, citing some of this
treaty, put political and economic pressures and sensationalism against Iran while based on existing undeniable documents are well aware of the
reality of the matter.

Dispute factors between Iran and the IAEA

In 1970 Iran joined the Nuclear Weapons Nonproliferation Treaty. In 1970s, number of graduates employed in the field of nuclear energy in
Iran's Atomic Energy Organization, newly arrived and several students were sent abroad to study in these fields. After the Islamic Revolution
nuclear reactor construction projects that the Western countries, including Germany and France were granted to build them; these countries were
not willing to continue the unfinished work and even Iranian students studying in fields related to nuclear science at their University faced
restrictions.
Early 2002 and then the information on Iran's nuclear activities by some anti Revolution groups and Israel were presented to the International
Atomic Energy Agency; Special inspections of Iranian nuclear facility came into operation that as a result, some shortcomings in failing to
submit required reports to the IAEA were confirmed from Iran . Although Iran with presenting the necessary information and provisional
application of the Additional Protocol before approval, compensated for the previous potential shortcomings and the number of man-days to
inspect found the first rank among the member states of the Treaty on the Non-Proliferation of Nuclear Weapons and the Agency inspectors has
not been able to report on Iran's nuclear activities to provide diversion;
But since the early 2003s Irans file was in the agenda of IAEA Board of Governors and some Western countries, especially America in an
unreasonable and unlawful way demanding a complete halt to Iran's nuclear activities even in the laboratory level. While in the political tension
in the Middle East, Israel, and Pakistan in our eastern border without membership in the Nuclear Nonproliferation Treaty to produce nuclear
weapons activities continue to expand and with purely political reasons and to excuse their lack of membership in the Nuclear Nonproliferation
Treaty neither the IAEA nor any other country looks at their military activities as a regional and international threat for peace and security,
Iran as a nuclear-free technology member, signed the Protocol to the Treaty on the Nonproliferation of Nuclear Weapons, in early 1350 Solar
And after a while began his peaceful program. Before the Islamic Revolution; to expand this program, several contracts with countries of
America, Germany, France and some other European countries were signed. Bushehr nuclear plant construction was started following these
contracts, but the victory of the Islamic Revolution, followed by 8 years of war, all the contracts were suspended.
After the war, the Germans are asked with Iran to continue work on the Bushehr reactor under that Europeans under pressure from America
didnt continue nuclear cooperation with Iran. Iran signed deal with Russia and entered a new phase. The Russians have been under pressure in
recent years but also declared their commitment to the completion and launch of the Bushehr plant. Islamic Republic since 1984-5 intended to
acquire nuclear technology and communicated with different countries to achieve this goal. Some countries, such as Argentina cut their
cooperation with Iran under pressure from America and some continued to work.
Iran's efforts led from 1985 to about 1997 caused to buy maps from the foreign speculators which were useful in manufacturing of machines for
the heavy water reactor designs.
Centrifuge machineries have central role in uranium enrichment and heavy water reactor is producing plutonium.
From 1998 until about 2001 with the construction of the equipment needed in inside and importing some parts from the foreign countries Iran
was success to carry out experiments in the laboratory environment.
After successful laboratory-scale experiments from 2001 onwards, the knowledge of nuclear sites including Natanz that its construction was
started several years ago, was transferred.
At the same time, Iran achieved knowledge of enriching uranium using laser and in the areas Lashkar Abad and Ramanda near to Hashtgerd,
Tehran conducted some activities. Construction of a heavy water reactor at Arak began from the design phase. Access to these capabilities mean
the access to nuclear technology that has been achieved thanks to God. It became operational and knowledge of the process of enrichment and
nuclear fuel cycle is implemented. This was followed in several places including:
1. The extraction of uranium from mines in Yazd Saghand at depths of 200 to 300 meters.
2. The conversion of uranium ore concentrates to uranium yellowcake in Ardakan Yazd.
3. Conversion of yellowcake uranium to 3 gases in Isfahan.

Rahim Ramzan Ashrafi *, Hossein Rostamzad

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International Journal of Economy, Management and Social Sciences Vol(4), No (5), May, 2015.

A. Uranium hexafluoride gas.

B. Uranium tetrafluoride gas.
C. Uranium oxide.
Using these three types of gas in centrifuge machines in Natanz Site, which is the last stage of the fuel cycle during the process of separating
heavy atoms, enrichment takes place. Percent of enrichment is done according to need and use and application, 4.3 percent for nuclear fuel
enrichment plant and to achieve the bomb should be above 90%.

Conclusion
While the primary objective of international law is providing a guarantee of peace and peaceful coexistence, the UN Security Council pursues
such a mission as a duty and responsibility. But detailed outlining the framework of these responsibilities and powers of the Council, therefore,
is not simply possible but the primary responsibility of the Security Council depends on a common understanding and public acceptance about
threats and breach of peace and need for the United Nations action. In a situation in which Iran's nuclear issue remains on the agenda of the
Security Council, its fate is largely related to the principles governing on the exercises of the Councils responsibility to maintain international
peace and security and Permanent members holding key positions in the state of Irans nuclear activities that holding in light of this situation,
arrangements for the implementation of each of the relevant chapters will be different.
Iran is an official member of the Non- Proliferation of Nuclear Weapons Convention which has demonstrated its commitment to the provisions
of this Convention and didnt deviate from it and despite some of the comments after the issuance of the resolution, officially announced has
been committed to the Nuclear Non-Proliferation Treaty, and will not exit. Iran policy was transparent about peaceful nuclear activities,
Negotiations over a broad inspectors and senior agency officials and even beyond their responsibilities to the Convention against proliferation,
allowed IAEA experts for inspection and sampling of its nuclear facilities.
Readiness for negotiations on accession to the Additional Protocol, known as 93 + 2, also was another important step which indicates the
position of transparency and openness and expresses concern and were considered about the lack of any control over Irans peaceful nuclear
activities. But the United Nations Security Council Resolution 1737 even went beyond of the Additional Protocol and focuses on issues that are
explicitly opposed to the Convention against proliferation. For example, asking Iran to stop all uranium enrichment activities is in contravention
of the provisions of the Convention based on the right of member states to exploit nuclear energy for peaceful purposes.
Iran, in order to its economic development programs and growing needs of the country, over the next five years needs to produce seven thousand
megawatts. Western countries justify about the availability of fossil resources such as oil and gas, will not be accepted because first oil and gas
reserves are capital of Iran and belong to all generations. Second, many oil and gas holder countries, with advanced technologies and alternative
sources of energy such as nuclear, wind, solar and other alternative energy take action to meet their need. Just why Westerners before the Islamic
Revolution, encourage Iran to establish Bushehr nuclear power plant, but after the revolution pulled it up and finally after a decade, the plants
contract was signed with Russia.
Islamic Republic of Iran, based on its fundamental beliefs never attempt to acquire nuclear weapons or any other weapons of mass destruction
and Islam doesnt consider it to be legal. With all the problems the Iranian nuclear issue is through the legal ups and downs and entered in
dangerous phases because
The nuclear excursion in statement of Sadabad started in 2003 and is currently is in the process of legally binding request. United Nations
Security Council Resolution 1737 in terms of run time was approved unconditionally and accordingly to stop implementation it requires a new
decision of Security Council not continuing of its implementation.

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