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PUBLISHED DATE: - 17-06-2024
DOI: -
https://doi.org/10.37547/tajpslc/Volume06Issue06-03
PAGE NO.: - 15-25
Constitutional Protection of Future Natural
Resources under the Iraqi Constitution Of
2005
Dr. Haider Rasool Mohsen Al-Kaabi
Lect.
,
Technical Institute-Najaf, Al-Furat Al-Awsat University, Iraq
INTRODUCTION
The constitutions of the countries of the world
regulate the sharing of natural wealth and the
protection of this wealth at the heart of the
constitutional document, as this wealth is among
the essential foundations on which the population
of countries depends to achieve economic well-
being and the strength of the state depends on the
natural
wealth
it
possesses.
Therefore,
constitutions work to provide constitutional
protection for this wealth, whether they exist or
RESEARCH ARTICLE
Open Access
Abstract
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may exist in the future. Consequently, we discussed
the constitutional protection of future natural
resources under the Iraqi Constitution of 2005 in
our research.
This research is vital because the Iraqi Constitution
stipulates the regulation of natural resources and
focuses on the oil and gas resources, as they are the
most prominent among these resources and are
considered a significant source of revenues in the
state’s general budget. How did the Constitution
organize the issue of managing natural resources
and sharing wealth, especially future natural
resources? What is the federal government's
authority over these natural resources, and has the
Constitution provided constitutional protection for
them to ensure the state’s sovereignty over them?
The problem of the research lies in the fact that the
process of sharing natural resources, especially
future ones, was not clearly stated in the
Constitution, as the texts included in the
Constitution were marred by ambiguity and
contradiction due to the ambiguous wording by the
constitutional legislator and the failure to legislate
a law for these resources that clarifies the details of
the constitutional texts. Hence, disputes arose
between The federal government and the regions
and governorates that are not organized into an
area, especially on the issue of future natural
resources.
We have adopted the descriptive analytical
approach by analyzing constitutional texts and
describing legal phenomena in preparation for
explaining the constitutional protection of these
texts. The research was divided into two
requirements according to a scientific plan that
adopted the scientific sequence in studying the
research. In the first requirement, two sections
addressed the constitutional framework for future
natural resources in Iraq. The first is a statement of
the constitutional concept of natural resources.
The second deals with the distinction between
constitutional protection and criminal protection
as an entry point with which we pave the way for
entering into the study. The subject of the study.
The second requirement dealt with the federal
government's authority over future natural
resources by the provisions of the Iraqi
Constitution of 2005 in two branches. The first
section dealt with the constitutional organization
of the relationship between the federal
government and the region's governments and
governorates over future natural resources. The
second section was devoted to constitutional
principles and their role in protecting wealth.
Future nature, then we ended with a conclusion
that included the most important results and
proposals drawn from the research.
The first requirement
The theoretical constitutional framework for
future natural resources in Iraq
The process of sharing natural resources between
the federal government and the regions'
governments and governorates that were not
organized into a region took place according to the
principles stipulated in the Iraqi Constitution of
2005. However, it overlooked some critical issues
related to the process of sharing and distributing
these resources, especially future natural
resources, and it dealt with them with some
brevity, ambiguity, and lack of clarity in drafting
the constitutional text by Articles (111, 112, 114,
and 115). Hence, disputes arise over the sharing of
future natural resources between the federal
government and the governments of the regions
and governorates. Therefore, it is necessary to
clarify the concept of natural resources, distinguish
constitutional protection from criminal protection
of natural resources as an introduction to the study,
and lay the foundations on which we rely in this
research in the following two sections.
First branch
Constitutional concept of natural resources
Natural resources are one of the foundations on
which the population of any country in the world
depends because of the importance they represent
for the continuation of human life and affect the
standard of living of the population of that country.
It is one of the rights guaranteed by the
International Covenant on Economic, Social, and
Cultural Rights, as it represents a guarantee on
which the strength of the state depends. This
wealth provides most of the needs and
requirements for living, and a decent life is offered
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to individuals.
Natural wealth in countries is divided into two
main types: natural and unnatural (1).
Natural wealth has been defined as (all material
things that have economic value and humans have
no direct involvement in creating them, such as the
natural stock of minerals and therefore enter into
the formation of the earth, as well as vegetation and
animals that live on the surface of the planet and
may be found in the seas or the atmosphere) (2).
Natural resources are strategic reserves of a
permanent and continuous nature in all countries.
The principle of Sovereignty over natural
resources and its connection to the state’s freedom
to determine the optimal policies for exploiting
them and the extent of the state’s abil
ity to control
its wealth constitutes the essential foundations
stipulated in the constitutions of the world's
countries.
Therefore,
these
constitutions,
especially in developing countries, paid great
attention to imposing control over their natural
wealth
based on the principle of the state’s ability
to control its resources and natural wealth. This
concept emerged clearly after the issuance of
United Nations General Assembly Resolution No.
1803 of 1962, in which reference was made to the
right of peoples to permanent Sovereignty over
their natural resources to achieve development
and the well-being of their people within the state
in question, as this resolution is the legal basis for
subsequent decisions that enable the state to
Sovereignty and control over its natural resources.
The right to development is that Sovereignty over
wealth and natural resources is part of the human
right to development, which is linked to the right of
people to self-determination (3).
From the above, it is clear that the concept of
natural resources is divided into two types: stored
natural resources, such as oil and other minerals,
and apparent natural resources, such as forests,
water, and others.
Iraq possesses natural resources such as oil, gas,
and other minerals, and it also possesses apparent
natural resources such as rivers and other natural
resources. The Iraqi Constitution of 2005 referred
in Articles (111, 112, 113, and 114) to some of this
wealth, as the effective Iraqi Constitution affirmed
that oil and gas belong to the Iraqi people in all
regions and governorates (4) and made the
management of oil and gas extracted from The
current fields are a joint mission between the
central government and the governments of the
producing regions and governorates, provided that
their imports are distributed equitably based on
population distribution throughout Iraq, with a
specific share for a limited period allocated to the
affected regions, especially those that were
unjustly deprived of them by the previous regime,
to achieve balanced development of the areas.
Various matters in the country provided that this is
regulated by law (5). This text is criticized as
needing to be more precise and tainted with
ambiguity because it limits joint management to
current oil and gas rights, leaving other natural
resources and how to manage them, which are
many. On the one hand, and the other hand, what
about the fields that will be discovered later? Is
their management up to the federal government
alone, or will it be? Its ruling is the same as the
current fields because proving something does not
negate everything else. This is a deficiency that the
constitutional legislator must avoid, mainly since
the text referred to its regulation by law, and
because of this wording, this led to a difference in
the interpretation of the text, which was reflected
in the issuance of an oil and gas law, with our
reservations about this naming of the law, which
could be titled the Natural Resources Law to
include all The wealth present in the region and the
governorates is not organized into an area,
especially since the Iraqi land is rich in other
natural resources in its various parts.
Also, Article (112/Second) of the Constitution is
also a reference to the partnership of the federal
government and the governments of the regions
and governorates that produce oil and gas in
formulating the strategic policies necessary to
develop this wealth by market principles and
encouraging investment, and this needs detailing,
as the issue of contracts and exports is considered
a sovereign issue. The state does not enter into the
issue of management of the fields since Article
(111) of the Constitution stipulates that oil and gas
are the property of the Iraqi people in all regions
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and governorates. Therefore, the issue of
contracting with other parties to export this wealth
and marketing it must be included in the budget of
the federal state, as it is responsible, according to
the text
—
constitutional law on this matter.
Second section
Distinguish between constitutional protection and
criminal protection.
The rule of law prevails in contemporary
international society despite the differences
between countries in defining its content. This
principle requires the commitment of all members
of society and state agencies to the laws issued by
the competent authority as a basis for the
legitimacy of their actions (1). This principle
guarantees respect for the rights and freedoms of
individuals in the face of public authority because
they are governed by law, far from the whims of the
authority or its control.
The principle of legality in law is also meant to be
those principles that guarantee respect for human
rights and establish a balance between the public
interest and which the state must adhere to when
exercising its functions (2). The content of
legitimacy varies depending on its source. If the
source is the Constitution, we face a constitutional
legitimacy that the state authorities are obligated
to respect. If the source of legitimacy is the law, we
face a legal legitimacy that those addressing it are
strictly obligated to respect.
As an introduction to our study, we must
understand constitutional protection, criminal
protection, and how the effective Iraqi Constitution
deals with the protection of future natural
resources in the event of a violation of the
provisions of the Constitution regulating them by
one of the authorities, whether the federal
authorities or the region and governorates.
Criminal protection is the rule that criminal law
aims to secure and reconcile two conflicting rights,
namely, the rights of individuals and the rights of
the group. It is known that if an individual commits
an act that the Penal Code considers a crime,
corresponding punitive measures must be taken.
The penalty prescribed for it must be implemented
to guarantee the group's rights. Also, the accused
must guarantee his right when charged to defend
himself from the crime, prove his innocence, and
achieve his interest, and thus not deserve
punishment (3). Accordingly, criminal protection
has a specific concept: criminalization is based
primarily on protecting interests that the legislator
has considered to be among the interests worthy of
protection, so he defines them by stipulating them
in the law and estimating the degree of protection
they deserve. The legal text revolves around the
interest it protects in its existence, absence, and
modification; thus, the interest loses its
worthiness. Protection when the reason for
criminalization is absent, and the legal text loses its
justification accordingly. Therefore, the state must
protect society's interests and ensure stability
through legal rules, whether constitutional or
regulations contained in ordinary legislation.
Regulating the issue of protecting natural
resources in the state is considered one of the most
critical issues for which the state must guarantee
protection,
whether
this
protection
is
constitutional or criminal, to ensure the principles
specified by the Constitution, as well as preserving
the interests of individuals in society and achieving
justice and equality among its members to ensure
the stability of that country. Based on the above,
there must be a balance between the requirements
of the state's right to punish and prevent crimes to
protect recognized interests (4).
Criminal protection has types that differ depending
on the protected interest. If it were viewed in terms
of its relationship in the abstract to the exclusion of
others and his jurisdiction over it, it would be a
private interest, and its counterpart is a public
interest if it concerns society. The interest is also
divided, based on location, into a material interest
when it relates to a person, his div, and his
money, and a moral interest if it relates to A person
regarding his honor, reputation, and other ethical
matters (5).
As for constitutional protection, the Constitution is
the best place to codify the constitutional
protection of natural resources in general and
future ones in particular. Therefore, the
constitutional legislator raises the text to the ranks
of the critical constitutional principles included in
any constitution so that the ordinary legislator
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cannot violate those principles.
Future natural resources are among the topics for
which the Constitution stipulates the importance of
providing constitutional protection because of the
great importance they represent for the future and
sovereignty of this or that state.
The constitutional protection of natural resources
in constitutions is that the Constitution includes
essential principles that, in turn, constitute
guarantees in the protection of the state's natural
resources. These principles are represented in the
principle of separation of powers as a first
guarantee for the constitutional protection of
natural resources, as well as the doctrine of the
supremacy of the Constitution, which makes the
rules of the Constitution transcend. All laws are in
the pyramid of the state's legal system. The other
principle is equality in distributing this wealth's
revenues (6), as we will explain later in this
research.
In addition to these principles, there is a div that
adjudicates the dispute in the event of a dispute
over the application of these principles to protect
the constitutional rules, in addition to the legal
texts regulating the subject, which is represented
by the constitutional judiciary, as stipulated by the
Iraqi constitutional legislator in stipulating the
Federal Supreme Court and stating its powers in
the Constitution (7). Notably, the effective Iraqi
Constitution came with special and independent
provisions regarding natural resources such as oil
and gas in Articles (111, 112, 113, 114).
The second requirement
The federal government's authority over future
natural resources is by the provisions of the Iraqi
Constitution.
After we explained in the first requirement the
constitutional framework for future natural
resources in Iraq in terms of explaining the concept
of these resources and the distinction between
constitutional protection and criminal protection
in the field of textual protection of future natural
resources as an entry point for this study, so we will
show in this requirement the constitutional
organization of the authority of the federal
government in managing and distributing wealth.
Natural resources in two branches. In the first
section, we discuss the constitutional organization
of the relationship between the federal
government and the regions' governments and
governorates in managing and distributing natural
resources. As for the second section, we discuss the
constitutional principles and their impact on this
protection.
First branch
The constitutional regulation of the relationship
between the federal government and the regions
and governorates in the management and
distribution of future natural resources
The process of sharing and managing natural
resources in Iraq occurred between the federal
government and the governments of the regions
and governorates, which were not organized into
an area according to the principles stipulated in the
Iraqi Constitution of 2005. Still, it left out important
issues that should have been specified with some
clarity, as the Constitution addressed these issues
in brief texts tinged with ambiguity. Leaving the
issue of regulating its details to legislation issued
later, and from here arise disputes over the
authority of the federal government over natural
resources, especially about the oil and gas
resources, as in the contracts concluded by the
Kurdistan Regional Government of Iraq with
foreign investment companies, and from here the
study in this research came. To determine the
federal government's authority over Iraq's future
natural resources.
As Articles (111, 112, 114, and 115) referred to
constitutional texts regulating the authority of the
federal government over natural resources, Article
(111) of the Constitution indicated that oil and gas
are the property of all ethnic people and that the
state, represented by the federal government, is the
one who manages and distributes these. Wealth
belongs to members of the people, as this article
stipulates the general principle that wealth is the
property of the people, and what is meant by the
right of ownership here is not the right to private
ownership as in private Law, which gives the
owner the freedom to exploit, use and dispose of,
but rather state ownership by the provisions of
Articles (47 and 1048) of the Civil Code. As
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amended, Iraqi No. 40 of 1951 means that the
owner must dispose of his property in all types of
transactions permissible under Law (1).
Consequently, this article made natural resources
available to the state to meet the needs of citizens
in all parts of the country and allocate its revenues
to members of the people, and the ownership of the
people here is common property for all its
members without exception.
Article (112/First) of the effective Iraqi
Constitution gave the federal government the right
to manage the oil and gas extracted from the
current fields in cooperation with the governments
of the producing regions and governorates, as well
as to distribute the revenues of these two resources
to the provinces and governorates in proportion to
the population distribution in Iraq, and to
determine a share for a specific period. For the
affected regions that were deprived of it, provided
that this is regulated by law, the central federal
government is the one that manages the oil and gas
extracted from the current fields in cooperation
with the governments of the regions and
governorates. The second paragraph of the same
article refers to the collaboration between the
federal government and the governments of the
regions and governorates in a situation and the
formulation of strategic policies to develop the oil
and gas sector to benefit the Iraqi people.
Through this text, we find that the Constitution
distinguished between current fields and future
fields of oil wealth on the one hand, and on the
other hand, the powers of the authorities, whether
federal or regional and governorate, in the matter
of management and distribution, were not
precisely and clearly defined, leaving that to a law
issued later due to weakness
—
the constitutional
provisions of this article and their need for more
clarity. Accordingly, the constitutional text is
marred by ambiguity due to the ambiguous
wording, which is the wording that the legislator
sets and it's meaning or what the legislator
intended cannot be easily known, or it is a matter
of controversy due to the failure to specify the will
of the legislator (2). This, in turn, leads to legal
problems when applying the constitutional text
and then not knowing the boundaries through
which the features of the legal framework for
managing and sharing natural resources are drawn
between the federal government and the
governments of the regions and governorates that
are not organized in values. The reference to
regulating current fields but not future ones raises
many disputes about the extent to which they are
subject to the exact constitutional text about
current rights or whether the regions and
governorates are unique in managing future fields
based on their not being included within the
exclusive powers of the federal government
referred to in Article (110) of the Constitution, nor
within the powers. The joint venture is referred to
in Article (114) of the effective Iraqi Constitution
(Eid). Especially since Article (115) of the
Constitution stipulates: "Everything that is not
stipulated in the exclusive powers of the federal
authorities shall be within the jurisdiction of the
regions and governorates not organized into a
region, and other powers shared between the
federal government and the regions shall have
priority over the law of the regions and
governorates not organized into a region in the
event of a dispute." between them).
Also, as we previously explained, Article (112)
itself refers only to oil and gas wealth without
referring to other natural wealth. It would have
been more appropriate for the constitutional
legislator to refer to all-natural wealth.
From the above, we see that the Iraqi constitutional
legislator could have been more successful in
regulating the relationship between the federal
government and the regions' governments and
governorates not organized in an area on the
subject of future natural resources. The
constitutional texts related to this matter were
marred by ambiguity due to the flexible wording
and shortcomings, which made them open to
interpretation due to the contradiction of the texts.
In this regard, the failure to legislate a natural
resources law has made the constitutional texts a
source of controversy and disputes between the
levels of authorities in Iraq. Therefore, the
constitutional legislator must amend what the
Constitution has drawn up in a way consistent with
the federal federal system in Iraq and the powers
granted to the federal government. The
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governments of regions and governorates are not
organized into an area.
Second section
Constitutional principles and their role in
protecting future natural resources in the Iraqi
Constitution
We have previously shown that the Iraqi
Constitution of 2005 approved constitutional
principles to protect rights in general, including
implicitly protecting future natural resources as a
right of the state and the people to preserve their
natural resources. Among these constitutional
principles are:
•
The principle of separation of powers.
•
The principle of the supremacy of the
Constitution.
•
The principle of equality.
These constitutional principles are essential in
protecting future natural wealth because they are
the constitutional guarantee through which the
state can preserve its natural wealth and thus
preserve its unity and sovereignty.
The first principle is the principle of separation of
powers, which the Iraqi Constitution of 2005
adopted explicitly and clearly in Article (47), which
stipulates: “The fede
ral authorities shall consist of
the legislative, executive, and judicial authorities,
exercising their powers and tasks on the basis of
the principle of separation of powers.” This
principle means the Distribution of state functions
into separate and independent bodies. Each of
these authorities is independent of the other in
performing its function, as there are three
authorities within the state: the legislative
authority, the executive authority, and the judicial
authority (1). The primary meaning of this
principle is to avoid the concentration of powers in
the hands of one person, group of people, or one
div, whether legislative, executive, or judicial. It
also provides the three authorities with the
possibility of exercising powers by any of those
authorities, whether by exercising part of those
powers or By conducting a review of this practice,
according to the intention of the framers of the
Constitution (2). This principle is considered an
essential constitutional guarantee to protect any
right mentioned in the Constitutional Document,
and based on this principle, no authority can
exceed the limits of its constitutional powers
stipulated in the Constitutional Document, which
constitutes a guarantee for the protection of future
natural resources in Iraq, as it prevents the abuse
of powers from During the separation of powers
and clarifying the limits of each of these powers, if
one of these powers exceeds its actions, its actions
are invalid under the Constitution through the
authority that decides on disputes that occur
between the authorities, and in Iraq, the Federal
Supreme Court, according to the Iraqi Constitution
of 2005, is the competent authority to decide
—
disputes between authorities (3).
Based on this, when the Iraqi Kurdistan Regional
Government concluded contracts in the field of oil
investment without the approval of the federal
government, which led to a conflict between the
federal government and the regional government,
and the Iraqi Kurdistan Regional Government
concluded these contracts with oil companies
based on the Kurdistan Region’s Oil and Gas Law
No. 22) of 2007, which stipulates (...the future field:
the oil field that had no commercial production
before 8/15/2005 and any oil fields discovered or
that may be found as a result of subsequent
exploratory operations) (4).
It is noted that the oil above and gas law for the
Kurdistan region included a reference, neither
remotely nor remotely, to the issue of sharing
revenues with the federal government, nor even in
the joint management of the fields, but instead
restricted it to the region alone. Hence, based on
the principle of separation of powers, the Federal
Supreme Court decided to resolve the issue of this
conflict within the framework of protecting natural
resources, as the Federal Supreme Court issued its
decision in Case No. 59/Federal/2012 and its
consolidated
No.
110/Federal/2019
on
2/15/2022, a decision not to The constitutionality
of the Oil and Gas Law of the Kurdistan Regional
Government of Iraq No. 22 of 2007 and its abolition
based on the provisions of Articles (110, 111, 112,
115, 121, 130) of the Constitution of the Republic
of Iraq for the year 2005 and obligating the regional
government to hand over the entire oil production
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from the oil fields in the region to the government
Federal (sermon). Accordingly, the principle of
separation of powers constituted a guarantee
through the Federal Supreme Court’s response to
settle the dispute on the one hand, as well as
defining the powers of the authorities and not
overstepping them in the constitutional document
on the other hand.
The other principle is the principle of the
supremacy of the Constitution, which constitutes a
guarantee for the protection of the legal rules
contained in the Constitution, and among these
rules are those that stipulate future natural
resources. The principle of the supremacy of the
Constitution
means
the
supremacy
of
constitutional legal rules over other legal
regulations applied in the state. This means that
any law issued by the state must not violate the
Constitution, and there is no difference whether
this Constitution is written or customary (6). That
is, the Constitution is the supreme law of the state
and is superior to other laws, whether this
superiority is substantive or formal.
The effective Iraqi constitution referred to this
principle in Article (13), which stipulated: (First:
This constitution is the supreme law in Iraq and
shall be binding in all parts of it, without exception.
Second, It is not permissible to enact a law that
conflicts with this constitution, and every text shall
be considered invalid. It responds to the
constitutions of the regions or any other legal text
that conflicts with it. As far as the matter is
concerned in the subject of our study regarding the
constitutional protection of future natural
resources, the supremacy of the constitution
constitutes an absolute guarantee for the invalidity
of any text that contradicts the text of the
constitution about these resources.
The
third
principle,
which
constitutes
constitutional protection for natural resources in
general and future ones in particular, is the
principle of equality. This principle is based on
considering all citizens to the same degree without
discrimination based on gender, color, creed,
economic conditions, or social status. The Iraqi
Constitution in force explicitly stipulates this
principle in Article 14: “Iraqis are equal before the
law without discrimination based on gender, race,
nationality, origin, color, religion, sect, belief,
opinion, or economic or social status.” On this basis,
this principle constitutes a constitutional
protection of equality in rights and natural wealth
in the state, including future natural wealth and
non-discrimination between members of the
people about the distribution of this wealth.
CONCLUSIONS
After we completed the research study
(constitutional protection of future natural
resources under the Constitution of the Republic of
Iraq for the year 2005) and reached essential
results and recommendations that contribute to
the development of the legislative system related to
this, we found it appropriate to highlight the most
critical results extracted from the aspects of the
research, in addition to that a proposal The most
important recommendations related to addressing
the defect that may occur in some texts.
RESULTS
1
—
The Iraqi Constitution of 2005, in force, did not
address clearly and explicitly the issue of future
natural resources, leaving a blank that was the
subject of controversy and conflict between the
central federal government, the governments of
the region, and the governorates not organized into
a region.
2
—
The constitutional texts regulating natural
resources in the 2005 Constitution of the Republic
of Iraq were plagued by ambiguity and conflict due
to their ambiguous wording.
3
—
The Iraqi Constitution of 2005, which is in force
on the subject of future natural resources, focused
on the oil and gas wealth, leaving the rest of the
natural resources, despite their importance,
without mentioning them, and this is considered a
deficiency in the Constitution.
4
—
The Constitution did not include punitive texts
in the event that one of the authorities at various
levels exceeds its constitutional powers, including
those related to the issue of natural resources. It
would have been better for it to organize punitive
texts, especially on the issue of natural resources,
to clearly guarantee the constitutional protection
of these texts.
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5- A natural resources law has yet to be legislated
under the Constitution despite this being
stipulated solidly in the Constitution.
6
—
The Iraqi Constitution of 2005 was not devoid
of constitutional principles that guarantee the
protection of rights, including the right of the
people to the fair distribution of natural resources.
These principles include the principle of separation
of powers, the principle of the supremacy of the
Constitution, and the principle of equality.
Recommendations
1- We recommend that the legislator remove the
ambiguity and contradiction by amending the
constitutional texts regulating the subject of
natural resources found in Articles (111, 112, 114,
115) and formulating them explicitly and clearly
that define the powers to manage and share natural
resources, whether those of the federal
government or the regions and governorates.
2- Strengthening the role of the authority of the
central federal government in the issue of wealth
management, the future nature of the fact that this
wealth, according to the Constitution, belongs to all
the people, and that the federal government is the
one who can protect this wealth, and that the
federal government represents the sovereignty of
the state.
3- Placing punitive texts at the heart of the
constitutional
document
guarantees
the
constitutional protection of the texts if one of the
authorities exceeds its constitutional powers,
especially in the issue of natural resources.
4- Issuing the Natural Resources Law that regulates
the issue of natural resources throughout Iraq and
how to manage and share these resources in Iraq.
Footnotes
1- Dr. Muhammad Raad Tahseen Al-Daraji,
Parlia
ment’s Financial Powers
- A Comparative
Study - 1st Edition, Modern University Office, 2016,
p. 209.
2 - Dr. Abdul Karim Sadiq Barakat and Dr. Hamid
Abdel Majeed Daraz, Al-Taribiyyah Systems,
University Youth Foundation, 1st edition,
Alexandria, 2001, p. 253.
3 - Dr. Ahmed Kazem Al-Saadi, Protection of
Foreign Investment in Public International Law, 1st
edition, Arab Center for Publishing and
Distribution, Cairo, 2020, p. 28.
4 - Dr. Kawa Omar Muhammad, Oil and its
Exploitation Contract Disputes, Zain Human Rights
Publications, Beirut, 2015, p. 8.
5 - See the text of Article (111) of the Constitution
of the Republic of Iraq for 2005.
6 - Consider the text of Article (112/First) of the
Constitution of the Republic of Iraq for the year
2005.
7 - Dr. Tuaima Al-Jarf, The Principle of Legitimacy
and Controls of the Administration’s Submission to
the Law, Cairo, 1979, pp. 3 et seq.
8 - Dr. Ahmed Fathi Sorour, Constitutional
Criminal Law, Dar Al-Nahda Al-Arabiya, 2001, p.
122.
9 - Hamoudi Al-Jassim, A Comparative Study in the
Principles of Criminal Trials, Part One, Al-Ani Press,
Baghdad, 1962, p. 7.
- Muhammad Ali Al-Salem Ayad Al-Halabi,
Guarantees of Personal Freedom during
Investigation and Reasoning, 1981, pp. 12-13.
9 - Bassem Abdul-Zaman Majeed Al-Rubaie, The
Theory of the Legal Structure of the Punitive Text,
doctoral thesis submitted to the College of Law,
University of Baghdad, 2000, p. 9.
10 - For more information, see Dr. Fawzi Hussein
Salman and Dr. Marwan Hassan Ahmed, Legal
Protection of the Right to Sustainable
Development, research published in the Journal of
Basra Studies, Supplement to Issue (48), year 2023,
pp. 181 et seq.
11 - Review the text of Article (93) of the
Constitution of the Republic of Iraq for 2005.
12 - Akram Faleh Al-Sawaf, Constitutional and
Legal Protection of the Right to Private Property -
A Comparative Study - 1st Edition, Zahran
Publishing and Distribution House, Amman, 2010,
p. 114.
13 - Dr. Ali Hadi Attiya Al-Hilali, The General
Theory of Interpreting the Constitution and the
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Directions of the Federal Supreme Court in
Interpreting the Iraqi Constitution, Al-Sanhouri
Library, Zein Legal Publications, 1st edition, 2011,
Baghdad, p. 89.
14 - Refer to the text of Articles (110 and 114) of
the Constitution of the Republic of Iraq of 2005.
15 - Hiwa Rashid Ali, Separation of Powers, the
feasibility of applying the presidential and
parliamentary system in government, 1st edition,
Dar Al-Fikr Al-Jami
’i, Alexandria, 2016, p. 194.
16 - Dr. Suleiman Al-Tamawi, The Three
Authorities in Contemporary Arab Constitutions
and Islamic Political Thought - A Comparative
Study - 5th Edition, Ain Shams Press, 1986, p. 518.
17 - Review the text of Article (93) of the
Constitution of the Republic of Iraq for 2005.
18 - Article (1/Seventeen) of the Kurdistan Region
Oil and Gas Law No. 22 of 2007.
19 - Consider the text of Federal Supreme Court
Decision No. 59/Federal/2012 and its consolidated
No. 110/Federal/2019 issued on 8/15/2022.
20 - Dr. Munther Al-Shawi, Philosophy of the State,
Jordanian Ward Publishing and Distribution House,
1st edition, 2012, p. 453
Sources
1- Dr. Ahmed Kazem Al-Saadi, Foreign Investment
Protection in Public International Law, 1st edition,
Arab Center for Publishing and Distribution, Cairo,
2020.
2- Dr. Ahmed Fathi Sorour, Constitutional Criminal
Law, Dar Al-Nahda Al-Arabiya, Cairo, 2001.
3- Akram Faleh Al-Sawaf, Constitutional and Legal
Protection of the Right to Private Property - A
Comparative Study - 1st Edition, Zahran Publishing
and Distribution House, Amman, 2010.
4- Hamoudi Al-Jassim, A Comparative Study in the
Principles of Criminal Trials, Part One, Al-Ani Press,
Baghdad, 1962.
1- Dr. Abdul Karim Sadiq Barakat and Dr. Hamed
Abdel Majeed Daraz, Tribal Systems, University
Youth Foundation, 1st edition, Alexandria, 2001.
2- Dr. Suleiman Al-Tamawi, The Three Authorities
in Contemporary Arab Constitutions and Islamic
Political Thought - A Comparative Study - 5th
Edition, Ain Shams Press, 1986.
7 - Dr. Tuaima Al-Jarf, The Principle of Legitimacy
and Controls of Administration’s Subordination to
the Law, Cairo, 1979.
8 - Dr. Ali Hadi Attiya Al-Hilali, The General Theory
of Interpreting the Constitution and the Directions
of the Federal Supreme Court in Interpreting the
Iraqi Constitution, Al-Sanhouri Library, Zein Legal
Publications, 1st edition, 2011, Baghdad.
9- Muhammad Ali Al-Salem Ayad Al-Halabi,
Guarantees of Personal Freedom during
Investigation and Reasoning, 1981.
10- Dr. Muhammad Raad Tahseen Al-Daraji,
Financial Powers of Parliament - A Comparative
Study - 1st Edition, Modern University Office, 2016.
11 - Dr. Munther Al-Shawi, Philosophy of the State,
Jordanian Ward Publishing and Distribution House,
1st edition, 2012.
12- Dr. Kawa Omar Muhammad, Oil and its
Exploitation Contract Disputes, Zain Human Rights
Publications, Beirut, 2015.
13- Hiwa Rashid Ali, Separation of Powers, the
feasibility of applying the presidential and
parliamentary system in government, 1st edition,
Dar Al-Fikr Al-
Jami’i, Alexandria, 2016.
Messages and theses
1- Bassem Abdul-Zaman Majeed Al-Rubaie, The
Theory of the Legal Structure of the Punitive Text,
a doctoral thesis submitted to the College of Law,
University of Baghdad in 2000.
Magazines and periodicals:
1- For more information, see Dr. Fawzi Hussein
Salman and Dr. Marwan Hassan Ahmed, Legal
Protection of the Right to Sustainable
Development, research published in the Journal of
Basra Studies, Supplement to Issue (48) of 2023.
Laws and decisions
1- The Constitution of the Republic of Iraq of 2005.
2- Kurdistan Region Oil and Gas Law No. 22 of
2007.
3 - Federal Supreme Court Decision No.
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59/Federal/2012
and
its
unified
No. 110/Federal/2019 issued on 8/15/2022.
