Oil Exports: KRG questions Legitimacy of Federal Supreme Court

Oil Exports: KRG questions Legitimacy of Federal Supreme Court

In the ongoing dispute over the region’s oil exports, the Kurdistan Regional Government (KRG) has retaliated against the Iraqi federal government.

In a proclamation the KRG scrutinized the authenticity of the Government High Court (FSC), and guaranteed again that agreements it endorsed with oil organizations are substantial.

Full articulation from KRG:

The Kurdistan Local Government (KRG) has become mindful of public remarks as of late made by the Service of Oil (MOI) of the Central Administration of Iraq (FGI) connecting with the product of oil from the Kurdistan District. These remarks aim to place the KRG’s own blame for the failure of oil exports.

In particular, the MOI states that it “continues to insist on resuming exports through the Iraqi-Turkish pipeline as soon as possible, while adhering to the provisions of the constitution and the law” but that the relevant KRG production contracts “have not been approved by the federal government or the federal Ministry of Oil at all, as they lack a sound constitutional and legal basis.” This statement is based on the MOI’s assertion that the KRG’s contracts “have not been approved by

The MOI is aware that the Iraqi Constitution of 2005 does not grant the FGI the authority to “approve” KRG contracts. The legitimate reason for those creation contracts is the 2007 KRG Oil and Gas Regulation, passed collectively by the equitably chosen Kurdistan parliament. The best international and constitutional lawyers in the world agree that that 2007 law has a solid foundation in Iraq’s 2005 constitution. Those legal counselors incorporate the late Teacher James Crawford, an Appointed authority of the Worldwide Courtroom, and all the more as of late Adjudicator Stephen Schwebel, a previous Leader of the Global Courtroom. The two legal advisors distributed their viewpoints. These authoritative viewpoints have, quite legitimately, served as the foundation for hundreds of billions of dollars worth of investment in Iraqi Kurdistan, including a significant amount of investment from the West.

In contrast, the MOI relies solely on a February 2022 “order” asserting the unconstitutionality of the 2007 KRG law from a panel or committee of political appointees in Baghdad. Everyone is aware that that committee is not the “Federal Supreme Court,” despite the MOI’s public reference to it as such. The purported “court” was not met as per the applicable arrangements of the 2005 Constitution. The MOI’s lack of support for that committee’s legitimacy is telling. As would be expected, the political committee’s “order” for February 2022 lacks even the most basic legal reasoning, just like the orders from Saddam Hussein’s time. It is a shame to individuals of Iraq. The KRG leader brought up this plain reality from the second the “request” was given, trailed behind by the KRG council and legal executive. The order of 15 February 2022 is not recognized as the decision of a court by the KRG judiciary, which is properly constituted.

In addition, it is revealing that, in contrast to the KRG’s parliament, the FGI’s legislature has not yet enacted an oil and gas law that complies with the 2005 Constitution. For sure, the FGI has been not able, or reluctant, to pass any oil and gas regulation whatsoever. As a result, the FGI oil sector is shrouded in a mist of corruption, over-centralization, and illegitimacy, attempting to rely on outdated declarations from Saddam Hussein’s office at the same time. The fact of the matter is that neither the 2005 Constitution nor KRG law can be declared invalid by any federal Iraqi institution, “court” or not.

Without violating our respective constitutional rights, senior delegations from the KRG and the FGI met in January to agree on the terms of federal budget legislation that would address the technical issue of production costs in the Kurdistan Region. It was our joint comprehension that the regulation would be carried out and that products would continue right away.

We urge the FGI to stick to the conditions of the January understanding and to work with the resumption of products. There is no justification for the MOI to impose restrictions on oil export, either in the 2005 Constitution or elsewhere. Those products are essential to the thriving of each of the people groups of Iraq. They are also essential to the international community’s peace and energy security.

Meanwhile, the KRG will proceed to embrace and advance law and order. The KRG will shield the trustworthiness, freedom, and established ward of the courts of the Kurdistan Locale. The 2007 KRG Oil and Gas Regulation, and all KRG regulations, stay in full power. The KRG will, as usual, safeguard the 2005 Constitution, maintain the 2007 regulation, and comply to the terms of agreements went into as per that regulation.