Much of Iraq's considerable oil and gas reserves are thought to lie in the areas of northern Iraq claimed by the Kurds. Some of this area is under the control of Kurdish Regional Government (KRG) but much of the oil and gas is in disputed territories. The question of authority over these oil and gas reserves is important not only to the international energy companies with negotiated agreements with the KRG for the exploitation of these resources, but also because the issue is a major factor in the relations between the central government in Baghdad and the KRG regional authorities undermining the prospect for a unified Iraq. This book examines the historical and contextual background to the oil and gas in the Kurdish territories placing particular emphasis on the reserves situated in the provinces disputed with the central government. The book examines the legal basis of the current dispute looking at the relevant legislation including the Iraqi federal constitution, the KRG's own constitution and extant contracts with international oil companies. It also considers the developing international law on traditional peoples and their claims to natural resources. The book connects the legal questions which form the basis of this dispute and considers the larger issues of access to natural resources, as well as the place of regional minorities in federal systems. The book offers a critical assessment of the existing law as well as current efforts to address the Kurdish oil and gas controversy, especially from the perspective of federal systems.
By:
Rex J. Zedalis
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
Weight: 750g
ISBN: 9780415505291
ISBN 10: 0415505291
Pages: 320
Publication Date: 10 May 2012
Audience:
College/higher education
,
Primary
Format: Hardback
Publisher's Status: Active
Part 1: Contextual Background of Oil and Gas in Disputed Kurdish Territories 1. Background Regarding the Question of Iraq's Kurdish Territory 2. Oil and Gas Deposit Location and Extant Contracts with International Oil Companies (IOCs) Part 2: Federal Constitutional Allotment of Oil and Gas Authority 3. Articles 110-112, and 114-115 of Iraq's Constitution (2005): The Respective Powers of the Central versus the Kurdish Government When it Comes to Oil and Gas 4. Articles 25(E), 26(B), and 54(A) and (B) of the Transitional Administrative Law (TAL) 5. The Matter of Disputed Territories: Articles 53 and 58 of the TAL, and Articles 140 and 143 of the Iraq Constitution (2005) Part 3: How the Kurdish Constitution, Relevant Federal and Regional Legislation, Address Oil and Gas in Disputed Territories 6. The Kurdish Constitution and Provisions of The Oil and Gas Law (No. 22) of the Kurdistan Region of Iraq 7. Article 23 of the 2008 Provincial Elections Law and Relevant Articles of the Proposed Federal Oil and Gas Law Part 4: Disputed Territories, the Terms of the KRG's Model and Negotiated PSCs, and Observations Regarding Federalism 8. Language of Both the KRG's Model PSC and its Existing Public PSCs 9. Current Efforts of the Disputed Territories, Their Shortcomings, and Relation to Federalism 10. Epilogue
Rex J. Zedalis is Phyllis Hurley Frey Professor of Law at the University of Tulsa, USA.
