Research report

The Iraqi Oil and Gas Dispute between Baghdad and Erbil : A Commentary on the Iraqi Federal Supreme Court Judgment of 15 February 2022

BFD

  • Fribourg : IFF, 2022
English In a judgment of 15 February 2022, the Federal Supreme Court of Iraq decided to repeal the 2007 Oil and Gas Law of the Kurdistan Regional Government on constitutional grounds. The judgment can be regarded as politicized, and has enormous implications for the autonomy of the Kurdish Region and the federal discourse in Iraq. This commentary assesses the soundness of the Federal Supreme Court’s judgment through critically evaluating the arguments against the Iraqi Constitution. It comes to conclude that the judgment has been a misinterpretation of the constitutional provisions that prescribe shared powers between the central and regional governments over oil and gas. These issues are an indirect consequence of the ambiguity and non-implementation of many constitutional provisions. Relatedly, this commentary provides some recommendations for a future cooperation between Erbil and Baghdad.
Collections
Faculty
Faculté de droit
Department
Institut du Fédéralisme
Language
  • English
Classification
Law, jurisprudence
Series statement
  • IFF Working Paper Online ; 31
License
CC BY
Open access status
diamond
Identifiers
Persistent URL
https://folia.unifr.ch/unifr/documents/324270
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