The Legality of US Investment Sanctions against Iran before the ICJ: A Watershed Moment for the Essential Security and Necessity Exceptions
Bibliographic record
Abstract
Abstract International courts and tribunals so far have shown reluctance to delimit the normative scope of the essential security and necessity exceptions in international economic law. Legal scholars have also refrained from identifying the point of equilibrium between maintaining the core protections of international law and allowing for necessary flexibility in its application. This article argues that such stances are now untenable. The unilateral US withdrawal from the Iran nuclear deal, and the reintroduction of sanctions, has challenged the multilateral order. Although the sanctions resemble earlier measures, violation of the deal and of United Nations Security Council Resolution 2231(2015) has altered the normative context. The threat to the stability of the post-war multilateral order by a permanent member of the Security Council is unique. The author shows why Iran’s recourse to the International Court of Justice (ICJ) in this context should become a landmark case for international economic law and how it traps the ICJ in a gilded cage.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.006 | 0.015 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.007 | 0.013 |
| Scholarly communication | 0.010 | 0.004 |
| Open science | 0.001 | 0.002 |
| Research integrity | 0.005 | 0.010 |
| Insufficient payload (model declined to judge) | 0.006 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".