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, IraqAbstract
Most constitutions of the world's countries are keen to regulate the issue of protecting natural resources at the core of the constitutional document. Therefore, these constitutions are eager to provide constitutional protection for these resources, whether they exist or 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. The study focuses on the fact that the process of sharing natural resources, especially future ones, was not clearly stated in the Constitution, as the texts it contained were marred by ambiguity and inconsistency due to ambiguous wording and the failure to legislate a law for these resources that clarifies the details of the constitutional texts. Hence, disputes arise between the federal government and the regions and governorates—not organized by region on future natural resources. 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, we addressed the constitutional framework for the future natural resources in Iraq in two sections. The first is an explanation of the 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 deals with the federal government's authority over future natural resources, as per the provisions of the Iraqi Constitution of 2005, in two sections. The first section dealt with the constitutional organization of the relationship between the federal government and the region's governments and governorates regarding future natural resources. The second section was devoted to constitutional principles and their role in protecting future natural resources. Then, we ended with a conclusion that included the most important results and proposals drawn from the research.
Keywords
Constitutional document, constitutional protection, natural resources
References
- Dr. Muhammad Raad Tahseen Al-Daraji, Parliament’s Financial Powers - A Comparative Study - 1st Edition, Modern University Office, 2016, p. 209.
- Dr. Abdul Karim Sadiq Barakat and Dr. Hamid Abdel Majeed Daraz, Al-Taribiyyah Systems, University Youth Foundation, 1st edition, Alexandria, 2001, p. 253.
- 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.
- Dr. Kawa Omar Muhammad, Oil and its Exploitation Contract Disputes, Zain Human Rights Publications, Beirut, 2015, p. 8.
- See the text of Article (111) of the Constitution of the Republic of Iraq for 2005.
- Consider the text of Article (112/First) of the Constitution of the Republic of Iraq for the year 2005.
- Dr. Tuaima Al-Jarf, The Principle of Legitimacy and Controls of the Administration’s Submission to the Law, Cairo, 1979, pp. 3 et seq.
- Dr. Ahmed Fathi Sorour, Constitutional Criminal Law, Dar Al-Nahda Al-Arabiya, 2001, p. 122.
- 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.
- 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.
- 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.
- Review the text of Article (93) of the Constitution of the Republic of Iraq for 2005.
- 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.
- 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, p. 89.
- Refer to the text of Articles (110 and 114) of the Constitution of the Republic of Iraq of 2005.
- 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.
- 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.
- Review the text of Article (93) of the Constitution of the Republic of Iraq for 2005.
- Article (1/Seventeen) of the Kurdistan Region Oil and Gas Law No. 22 of 2007.
- Consider the text of Federal Supreme Court Decision No. 59/Federal/2012 and its consolidated No. 110/Federal/2019 issued on 8/15/2022.
- Dr. Munther Al-Shawi, Philosophy of the State, Jordanian Ward Publishing and Distribution House, 1st edition, 2012, p. 453
Article Statistics
Downloads
Copyright License
Copyright (c) 2024 Dr. Haider Rasool Mohsen Al-Kaabi
This work is licensed under a Creative Commons Attribution 4.0 International License.