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Four Questions on Iran’s Legal Challenge to US Sanctions

Iran’s legal challenge against renewed sanctions by the United States goes before the UN’s International Court of Justice on Monday.

Here are four key questions regarding the case:

What is the case about?

Iran’s attempt to block the reinstatement of sanctions, announced by US President Donald Trump earlier this year, is the latest in a series of court battles that Tehran and Washington are fighting at the ICJ.

Trump announced on May 8 that he was pulling out of a landmark deal between Iran and major powers aimed at preventing Tehran from acquiring a nuclear weapon.

The deal agreed with the UN’s five permanent Security Council members and Germany in 2015 limits Tehran’s stockpile of enriched uranium until 2031 in exchange for sanctions relief.

Blasting the accord as a “horrible, one-sided deal”, Trump reimposed a wave of tough, unilateral sanctions.

Tehran now accuses Washington of “besieging” its economy and wants the Hague-based court—which rules in disputes between countries—to order the US to temporarily halt punitive measures, while the judges mull the deeper merits of the case.

Does Tehran have a case?

The case has two elements, said Eric De Brabandere, professor of international dispute settlement at Leiden University in the Netherlands.

Firstly, “Iran genuinely considers the re-imposition of sanctions a violation of international law.”

Secondly, “Iran has the support of many European states on the question of sanctions, politically speaking,” De Brabandere argued.

Iran’s representatives need to convince the ICJ that its 15 permanent judges indeed have the jurisdiction to hear the case.

Tehran bases its arguments on a little-known 1955 treaty between Iran and the United States. The treaty provides for “friendly relations” between the two countries, encourages mutual trade and investment and regulates consular relations.

However, there has been no formal diplomatic ties between Tehran and Washington since the regime of the US-back Shah was deposed by Iran’s Islamic revolution in 1979.