The Constitutionality of the Kurdistan Regional Government Petroleum Contracts under the 2005 Iraqi Constitution
Hemdad Faisal Ahmad
Abstract
Since 2007 up to now, around 50 oil and gas contracts have been concluded by the Kurdistan Regional
Government KRG with the international oil companies. All these contracts are rejected and regarded
unconstitutional and illegal by the Iraqi Federal Government. On the other hand, the KRG claims that its
contracts are legal and constitutional, because, it has been empowered by the 2005 Iraqi constitution to sign
them. This study examines in detail the division of powers relating to oil and gas under the 2005 Iraqi
Constitution and the current disputes between the Iraqi Central Government and the KRG to evaluate the
constitutionality of the KRG`s oil contracts with the foreign companies. This paper takes a qualitative approach
and combines theoretical and analytical evaluation. The interpretation of constitutional experts is used to analyze
how the provisions function in reality.
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