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Oil and gas in the disputed Kurdish territories : jurisprudence, regional minorities, and natural resources in a federal system / Rex J. Zedalis
PRINT PRINT | Routledge | 2012
Available at INTL (Call number: KMJ4957.4.P48 Z43 2012)
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LOCATION Call No. Status
INTL KMJ4957.4.P48 Z43 2012 AVAILABLE


xxxi, 285 p. : maps ; 24 cm
Includes bibliographical references and index
"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"--Provided by publisher
"This book examines the historical and contextual background to the oil and gas resources in the Kurdish territories, placing particular emphasis on the reserves situated in the disputed provinces. The volume is singularly unique in focusing on an examination of the rules reflected in both the national and the regional constitutional, legislative, and contractual measures and documents relevant to the question of whether the central government in Baghdad or the Kurdish Regional Government (KRG) in Erbil has a stronger claim to legal control over the oil and gas resources in the disputed Kurdish territories. As a subsidiary focus, the author also draws attention to how the basic thrust of the volume connects to broader jurisprudential issues regarding the nature and purpose of law, the matter of claims by native peoples to natural resources on traditional lands, and the place of regional minorities operating in a federal system. Since the law examined is domestic or municipal in origin, additional reference is made to the role that such law can play in the "bottom up" (as opposed to more conventional "top down") development of international law. The book's opening chapters provide a valuable contextual introduction, followed by a number of substantive chapters providing an analytical and critical assessment of the controlling legal rules. Written in a scholarly, yet accessible style, and covering matters of basic importance to academics, lawyers, political scientists, government representatives, and students of energy and natural resources, as well as those of developing legal structures, Oil and Gas in the Disputed Kurdish Territories is an essential addition to any collection"--Provided by publisher
Table of Contents
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1 Preface viii
1 Acknowledgments and dedication xxx
pt. I 1 Contextual background of oil and gas in disputed Kurdish territories 1
1. 1 Background regarding the question of Iraq's Kurdish territories 5
I. 1 Introduction 5
II. 1 review of the early history of the Kurdish peoples 7
III. 1 Iraqi Kurdish peoples from the overthrow of Faisal II to the present 11
IV. 1 Iraqi Kurdish provinces or governorates and petroleum resources 16
V. 1 Conclusion: where things stand 22
2. 1 Oil and gas deposit location and extant contracts with International Oil Companies (IOCs) 31
I. 1 Introduction 31
II. 1 Oil and natural gas deposits in KRG territory 34
III. 1 Reserves made available to international oil and gas companies 37
IV. 1 Position of the central government on Kurdish oil and gas 43
V. 1 Conclusion 47
pt. II 1 Federal constitutional allotment of oil and gas authority 49
3. 1 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 53
I. 1 Introduction 53
II. 1 basic principles: an overview 55
III. 1 Articles 111 and 112: the Constitution's explicit provisions on oil and gas 58
IV. 1 limited reach of article 112 66
V. 1 Article 110's exclusive federal powers 75
VI. 1 significance of articles 114 and 115 79
VII. 1 Conclusion 85
4. 1 Articles 25(E), 26(B), and 54(A) and (B) of the Transitional Administrative Law (TAL) 89
I. 1 Introduction 89
II. 1 general structure of the TAL 92
III. 1 distribution of authority over oil and gas under the TAL: illuminating the meaning of relevant constitutional provisions 96
IV. 1 Some hypothetical situations 108
V. 1 Conclusion 115
5. 1 matter of disputed territories: articles 53 and 58 of the TAL, and articles 140 and 143 of the Iraq Constitution (2005) 117
I. 1 Introduction 117
II. 1 Articles 53 and 58 of the TAL 122
III. 1 Hypothetical oil and gas situations: the effect of articles 53 and 58 of the TAL 132
IV. 1 Article 143 of the 2005 Iraqi Constitution 136
V. 1 Article 140 of the 2005 Iraqi Constitution 139
VI. 1 Oil and gas situations under articles 140 and 143 148
VII. 1 Conclusion 154
pt. III 1 How the Kurdish Constitution and relevant federal and regional legislation address oil and gas in disputed territories 157
6. 1 Kurdish Constitution and provisions of the Oil and Gas Law (No. 22) of the Kurdistan region of Iraq 161
I. 1 Introduction 161
II. 1 Relevant provisions of the KRG's 2007 Oil and Gas Law (No. 22) 164
III. 1 Relevant provisions of the 2009 Constitution of the Kurdistan region of Iraq 177
IV. 1 Conclusion 188
7. 1 Article 23 of the 2008 Provincial Elections Law and relevant articles of the proposed Federal Oil and Gas Law 195
I. 1 Introduction 195
II. 1 Article 23 of the Provincial Elections Law (2008) 199
III. 1 Provisions from the proposed Federal Oil and Gas Framework Law 205
IV. 1 Conclusion 216
pt. IV 1 Disputed territories, the terms of the KRG's model and negotiated PSCs, and observations regarding federalism 219
8. 1 Language of both the KRG's Model PSC and its existing public PSCs 223
I. 1 Introduction 223
II. 1 Genel Energi/Addax and the DNO PSCs 225
III. 1 KRG's Model PSC 232
IV. 1 Conclusion 239
9. 1 Current efforts on the disputed territories, their shortcomings, and relation to federalism 241
I. 1 Introduction 241
II. 1 Efforts at resolution and their shortcomings 242
III. 1 Federalism and regional minorities 248
IV. 1 Conclusion 255
1 Epilogue: largely of bottom-up development in international law 258
1 Index 273
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