Year
2014
Abstract
This research study focuses on the establishment of the Middle East and South Asia (MESA) regional group for the composition of the Executive Council of the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO) as set forth by its foundational Treaty. Thus far, the MESA group has not been able to function in the context of the Preparatory Commission. Apprehensions over the composition of the MESA group are one of the key concerns held by both Israel and Iran, preventing ratification of the CTBT. In theory, regional groups in international organizations are supposed to ensure equitable geographical distribution of States Parties in the policy-making organs of said organizations. In practice, representation in the decision-making bodies is influenced by political-regional alliances and their powerful actors that diminish the principle of fairness upon which regional groups are supposed to be established. This is due to the fact that there are no specific and exclusive rules defining membership to regional groups or their actual mode of operation. This legal loophole provides a window of opportunity for the most powerful to create political cartels and set the rules of their own. This research study analyzes the legal status of Iranian and Israeli statements regarding the MESA issue and offers a possible key to break the deadlock. This research is original in the sense that it is largely based on primary non-public sources such as personal interviews with diplomats and CTBTO employees, and several CTBTO internal documents obtained through the Experts Communication System. Particular emphasis is made on the relation between the legal and the political aspects of the issue at hand by analyzing the various CTBT-related legal texts. This research study addresses an on-going issue that has not been previously researched and offers a feasible legally based policy recommendation that has the potential to solve the MESA puzzle. This case also reflects far-reaching implications that go to the very heart of how international organizations work.