The oil dispute puts Baghdad in front of “big” legal problems.. Billions of compensation for Erbil (details)

[6ly410]

 

[Rochester]

LOL 

[Rochester]

I watched the video 61Y410 posted. Kurdish guy is lying, bs, he's negotiating nervously. Especially at the end of video. He doesn't believe what he's saying, because he knows he's full of it, he knows he must go to war to maintain his bs, if he actually believed it....which he doesn't. It's a negotiation tactic. 

[JonnyV]

He making no sense saying it’s illegal.  What exactly is illegal Mr Barzani?  Then he says the court ruling is political and not constitutional.

 

You are right Rochester.  He’s bluffing.  He knows he can’t win and what is he going to do, go to war?

 

The woman conducting the interview is showing off her legs and I bet those guys want to stone her.  With real stones that is. 

Edited May 25, 2022 by JonnyV

[horsesoldier]

The lion's share of politicians globally are full of  ... The world is unravelling like a cheap suit and all the care about is lining their own pockets & pushing suicidal economic, political & social agendas that do nothing but cripple & stifle peoples around the world.

[6ly410]

IRAQI PARLIAMENTARY COMMITTEE VOWS TO TAKE LEGAL ACTION AGAINST KRG

 

AM:11:45:26/05/2022 

628 View

https://nrttv.com/En/detail6/3524

SULAIMANI — The first deputy head of the oil and gas committee in the Iraqi parliament, Ali Shakur, has said that if the Kurdistan Regional Government (KRG) does not abide by the Iraqi Federal Supreme Court's decision, the federal government will take legal action.

In February, the Federal Supreme Court issued a verdict against the KRG's law on oil contracts, ruling them unconstitutional -- Something the KRG has rejected. 

Shakur told the official Iraqi al-Sabah Newspaper on Thursday (May 26) that the court's decision commits KRG to hand over all of its oil and gas sales to the federal government.

He also said that the works of International Oil Companies (IOCs) in the Kurdistan Region are wrong and that the KRG has made things easy for the firms to get financial benefits.

KRG Prime Minister Masrour Barzani said on Tuesday at the 2022 World Economic Forum in Davos, Switzerland that the Iraqi Supreme Court ruling against KRG's oil sales is unconstitutional and political, and the KRG will not implement it.

The Judicial Council of the KRG said on May 17 that all of the KRG's oil contracts meet the guidelines of the Iraqi constitution enacted in 2005. 

(NRT Digital Media)

[NEPatriotsFan1]

11 minutes ago, 6ly410 said:

over health issues, at a time of high tension between Erbil and Baghdad over the semi-autonomous Region's oil and gas laws.

I think the vast majority of Dinar Vets has health issues as a result of Erbil and Baghdad not passing the fricken Oil and Gas Law! 

 

LFG! 

 

You’re killing me smalls…..

[rvmydinar]

22 minutes ago, NEPatriotsFan1 said:

I think the vast majority of Dinar Vets has health issues as a result of Erbil and Baghdad not passing the fricken Oil and Gas Law!

LOL

[yota691]

Nechirvan Barzani: The regional government is serious about solving problems with Baghdad on the basis of the constitution

 

5/26/2022 10:01:09 AM  

 

 

 

Baghdad / Obelisk: The President of the Kurdistan Region, Nechirvan Barzani, said on Thursday, May 26, 2022, that the Kurdistan Regional Government is serious about solving these problems at the dialogue table and on the basis of the Iraqi constitution, while calling on the federal government to view the region as a complement and partner because we are all in one boat, and our victories Our defeats are the same.

The Obelisk publishes screenshots of Barzani's speech during the graduation ceremony of the 27th Basic Course at the Second Military College in Zakho:

▪️ We are all Iraqis and an essential part of Iraq, and that is why we should all go in this spirit towards solving all problems between the federal government and the Kurdistan Region

▪️ We must all sit down and find common solutions, and we must end breaking one another because the current political impasse poses a great danger to Iraq.

▪️ The Iraqi people need security and progress and in no way want more problems, so Baghdad should not think that stripping the Kurdistan Region of its powers is a good thing.

 ▪️ I call on the Iraqi federal government and all the federal authorities and institutions in Iraq to view the Kurdistan Region as a complement and partner because we are all in one boat, and our victories and defeats are one.

▪️ If the federal government is serious about considering the Kurdistan Region as part of Iraq, it must resolve the existing problems between the center and the region as soon as possible, because it is not permissible and inappropriate for the citizens of the Kurdistan Region to feel constant concern about whether or not the federal government will pay their salaries.
 
▪️ My letter is directed to the authority in the federal government to put an end to this issue if they see that the citizens of Kurdistan Region are part of Iraq.

 ▪️ The Baghdad authority should stop applying the current pressure towards the region.

▪️ The Kurdistan Regional Government is serious about solving these problems at the dialogue table and on the basis of the Iraqi constitution.
 
▪️ There is love between the cities of Iraq, and love for the Kurdistan region, and the people of Mosul, Baghdad, Dhi Qar, Basra, Anbar, Kirkuk, Erbil and Sulaymaniyah and all the provinces love each other.

[DoD]

6 hours ago, 6ly410 said:

IRAQI PARLIAMENTARY COMMITTEE VOWS TO TAKE LEGAL ACTION AGAINST KRG

https://nrttv.com/En/detail6/3524

 

Now this is the joke for the day, who are they gonna file this legal action to? 
It certainly couldn’t be to their Federal Court, the Barzani family has already shown how much they adhere to their rulings. 
Maybe they should try some international court….

[6ly410]

federal government waves action against territory

federal government waves action against territory (alsabaah.iq)

thursday, may

 

baghdad: omar abdul latif

 

the first vice chairman of the oil and gas committee of the house of representatives ali al-mashkur revealed measures the federal government will take towards the kurdistan region if it does not comply with the decision of the federal supreme court on the delivery of oil to the center.

"the federal court has issued its binding and binding decision on the unconstitutionality of the territory's oil and gas law and obliged it to hand over its produced oil to the federal government," al-mashkur said in an interview.

"the kurdish side expressed reservations about this decision and confirmed that it will exercise (its constitutional rights) in this regard," he said, noting that "there are measures to be taken by the federal government if the region continues to violate the federal court's decision and does not come to the right direction," and pointed out that "the oil, gas and natural resources committee in the house of representatives will put forward proposals and solutions for the possibility of resolving the crisis between the federal government and the kurdistan region in the oil file."

on the oil companies operating in the region, al-mashkur stressed that "the origin of their work (wrong) in addition to the leniency of the territorial government with them, which motivated them to go further in this sector, in addition to looking for profit in their projects and this is their first and last goal".

[Goggles]

It seems to me that a countrywide HCL would solve the problem. If the central government wants all of the Kurdistan regions money, without an HCL in place, then how is this helping any of the Iraqi people? Does this possibly place the regions profits in the hands of criminal politicians? To line their pockets? At least the Kurdistan region shares their oil wealth with their region, because they have an oil and gas law for their region. The constitution says that the oil belongs to all of the people.  The Kurds drill for oil in their area and do what they want with it. It wouldn't still be like this if the central government had already approved and enacted their HCL. Even Barzani commented on this. This federal suit is not really the way to handle the problem. The countrywide HCL really is. This is just my opinion from reading the articles. I'm no expert on the matter. 

[yota691]

The federal government threatens to take measures towards the region

Thursday 26 May 2022 221

 

 Baghdad: Omar Abdul Latif

 

The First Deputy Chairman of the Oil and Gas Committee in the House of Representatives, Ali Al-Machkoor, revealed the measures that the federal government will take towards the Kurdistan region if it does not comply with the decision of the Federal Supreme Court regarding the delivery of oil to the center.

Al-Maskour said in an exclusive interview with Al-Sabah: "The Federal Court issued its binding and irrefutable decision that the (oil and gas law) issued by the region was unconstitutional, and obligated it to hand over its produced oil to the federal government."

He added that "the Kurdish side expressed its reservations about this decision and confirmed that it will exercise its (constitutional rights) in this regard," noting that "there are measures that will be taken by the federal government if the region continues to violate the decision of the Federal Court and did not come to the right path," and indicated that "the Committee of Oil, gas and natural resources in the House of Representatives will present proposals and solutions for the possibility of resolving the crisis between the federal government and the Kurdistan region in the oil file.

Regarding the oil companies operating in the region, Al-Machkour stressed that "the origin of the work of these companies is (wrong) in addition to the presence of leniency on the part of the regional government with them, which motivated them to go further in this sector, in addition to that they are looking for profit in their projects and this is their first goal. And the last."

[pokerplayer]

33 minutes ago, Goggles said:

It seems to me that a countrywide HCL would solve the problem. If the central government wants all of the Kurdistan regions money, without an HCL in place, then how is this helping any of the Iraqi people? Does this possibly place the regions profits in the hands of criminal politicians? To line their pockets? At least the Kurdistan region shares their oil wealth with their region, because they have an oil and gas law for their region. The constitution says that the oil belongs to all of the people.  The Kurds drill for oil in their area and do what they want with it. It wouldn't still be like this if the central government had already approved and enacted their HCL. Even Barzani commented on this. This federal suit is not really the way to handle the problem. The countrywide HCL really is. This is just my opinion from reading the articles. I'm no expert on the matter. 

 

Post of the day. We'll said Goggles. 

 

pp

[horsesoldier]

12 hours ago, NEPatriotsFan1 said:

I think the vast majority of Dinar Vets has health issues as a result of Erbil and Baghdad not passing the fricken Oil and Gas Law! 

 

LFG! 

 

You’re killing me smalls…..

 

Indeed...my health issues are purely mental-after 19 years following these mutant screw heads and never ending shenanigans, I have psychotic episodes daily 🤣

[6ly410]

1 hour ago, Goggles said:

It seems to me that a countrywide HCL would solve the problem. If the central government wants all of the Kurdistan regions money, without an HCL in place, then how is this helping any of the Iraqi people? Does this possibly place the regions profits in the hands of criminal politicians? To line their pockets? At least the Kurdistan region shares their oil wealth with their region, because they have an oil and gas law for their region. The constitution says that the oil belongs to all of the people.  The Kurds drill for oil in their area and do what they want with it. It wouldn't still be like this if the central government had already approved and enacted their HCL. Even Barzani commented on this. This federal suit is not really the way to handle the problem. The countrywide HCL really is. This is just my opinion from reading the articles. I'm no expert on the matter. 

 

[6ly410]

0

[Stelardoc]

14 minutes ago, horsesoldier said:

 

Indeed...my health issues are purely mental-after 19 years following these mutant screw heads and never ending shenanigans, I have psychotic episodes daily 🤣

It's the Dinardemic or Dinardamdemic depending on the day.  

They'll probably have a vaccine for that that will make us sicker.

Oh yeah.. already do.. the Gurus. 

Watch out for the spike BS protein. Definitely you will be predisposed with 

Psychotic episodes complicated further by the Fake news.

Eye masks are recommended as a precaution so one cannot read the BS🤩

[yota691]

The Kurdish Regional Constitution within the Framework of the Iraqi Federal Constitution: A Struggle for Sovereignty, Oil, Ethnic Identity, and the Prospects for a Reverse Supremacy Clause Michael J. Kelly*

 

Table of Contents
INTRODUCTION.................................................................................. 708
I. THE KURDS: A STATELESS PEOPLE......................................... 710
A. Iraqi Kurdistan ................................................................ 719
B. Stability from Political Equilibrium.................................. 720
II. KURDISH AUTONOMY UNDER THE IRAQI FEDERAL
CONSTITUTION........................................................................ 726
III. THE KURDISH REGIONAL CONSTITUTION ................................ 732
A. Broad Outlines & Critiques.............................................. 733
B. The Question of Kirkuk .................................................... 744
C. Oil Resources................................................................... 748
D. A Reverse Supremacy Opportunity on the Question of
Oil ................................................................................... 754
IV. COMPARATIVE APPROACHES TO ETHNIC AUTONOMY IN
FEDERATIONS ......................................................................... 760
A. Basques and Catalans within Spain.................................. 761
B. Quebecois and Inuit within Canada.................................. 764
C. Ethnic Minorities within Russia........................................ 767
CONCLUSION ..................................................................................... 769
APPENDIX.......................................................................................... 771

 

C. Oil Resources A second major area of contention between the dueling federal and regional constitutions concerns oil. A viable region within a federal structure should have an economic base, and that base in Iraqi Kurdistan is a mix of agriculture and oil. Agriculture, not surprisingly, is the least contentious of these. Thus, a large amount of time and effort was spent by the constitutional drafting committee on the question of regional control over oil exploration and production. Figure-3 depicts oil infrastructure in the Kurdish areas of northern Iraq.The operations at Taq-Taq and Tawke are run under PSAs whereby private companies get 10-20% of the profit. The rest goes to the federal government in Baghdad before being distributed across the rest of Iraq. But Iraq‘s oil ministry and its trade unions dislike PSAs. A long row between the Kurds and the authorities in Baghdad over rules for the north has yet to be resolved. Baghdad wants to approve all oil deals. The Kurds say the federal constitution lets them run— and profit from—their own oil industry, though they accept that revenue should somehow be shared. The Kurds‘ parliament passed a hydrocarbons law in 2007. But a new national oil law has been stalled in the federal parliament in Baghdad for at least three years. The Kurds say they have shown up the decrepitude of Iraq‘s oil establishment. Despite billions of dollars of investment since 2003, production is still just over 2m b/d, about what it was when Saddam Hussein was toppled. The federal oil minister, Hussein alShahristani, loathes the Kurds‘ success and has tried to stop them running their own oil industry, declaring all deals (now at least 20) signed by them to be illegal. He has also threatened to blacklist any oil company that does business up north from applying for licences [sic] down   THE KURDISH REGIONAL CONSTITUTION 749 The operations at Taq-Taq and Tawke are run under PSAs whereby private companies get 10-20% of the profit. The rest goes to the federal government in Baghdad before being distributed across the rest of Iraq. But Iraq‘s oil ministry and its trade unions dislike PSAs. A long row between the Kurds and the authorities in Baghdad over rules for the north has yet to be resolved. Baghdad wants to approve all oil deals. The Kurds say the federal constitution lets them run— and profit from—their own oil industry, though they accept that revenue should somehow be shared. The Kurds‘ parliament passed a hydrocarbons law in 2007. But a new national oil law has been stalled in the federal parliament in Baghdad for at least three years. The Kurds say they have shown up the decrepitude of Iraq‘s oil establishment. Despite billions of dollars of investment since 2003, production is still just over 2m b/d, about what it was when Saddam Hussein was toppled. The federal oil minister, Hussein al Shahristani, loathes the Kurds‘ success and has tried to stop them running their own oil industry, declaring all deals (now at least 20) signed by them to be illegal. He has also threatened to blacklist any oil company that does business up north from applying for licences [sic] down south. 175 Figure 3: Oil Infrastructure In and Around Kirkuk (Source: CIA, 2003) produce 450,000 b/d by 2011 and 1m b/d by the end of 2012. That would represent 42% of Iraq‘s production, if output from the rest of the country stays the same There is no set pattern for Kurdistan to follow, in a federalism context, for a consistent balance of authority between regions and the central government over oil exploration and production. Some federations reserve this power to the central government exclusively, while others allow a degree of control to the regions over some or most aspects of the oil sector. For example, in the United States, 176 Canada, 177 Australia, 178 power is shared between state/provincial governments and the federal government in the oil sector. In the U.S., oil and gas exploration and production are governed by either public or private leases (oil and gas can be private property in the U.S.) and the public lessee can be either the state or federal government, depending upon whether the area of development in question is owned by the state or federal government. 179 The situation is somewhat analogous in Canada, but only in the sense of shared power. The provinces exercise much more direct control over their natural resources—which results in a lack of uniformity across the country. ―Canada‘s federal government and provincial governments share jurisdiction over energy policy and, accordingly, there is no single energy policy in place.‖ 180 The divergence in power allocation in Canada is mainly attached to onshore versus offshore resources.181 Onshore, ―the provinces have clear constitutional authority with respect to oil and gas activities . . . within their province.‖  182 But offshore, ―the right to explore and exploit mineral resources in the seabed . . . has been held by explore and exploit mineral resources in the seabed . . . has been held by the Supreme Court of Canada to stem from the sovereign rights of the coastal state‖—which is Canada. 183 It was our impression that increased control over the energy sector within the region is clearly the path that the Kurdish Regional Government wishes to follow if it can. Thus, the Canadian constitutional format could prove instructive for Kurdistan as it seeks to balance its constitutional relationship with the federal government on the question of controlling the oil sector. As the Kurdish region is a landlocked unit, Canadian offshore federal supremacy would not be analogous—only the onshore provincial control. In Canada, The division of powers between federal and provincial governments is set out in the Constitution Act of 1867. Generally, the federal government has jurisdiction over matters of national and international importance, whereas the provinces have jurisdiction over matters of a local or private nature. . . . The federal government has authority to make laws for ‗peace, order and good government‘ in relation to all matters not exclusively assigned to the provinces and including the regulation of trade and commerce. The provinces have authority over property and civil rights and in respect of exploration for, and conservation and management of, non-renewable natural resources in the province. Balancing the federal government‘s authority over trade and commerce with the provinces‘ specific powers presents a challenge in determining which level of government is responsible for regulating a particular matter. Jurisdiction will typically be determined based upon the location, nature and scope of the matter and certain other factors. Canadian courts have traditionally interpreted the federal power over trade and commerce to be limited to inter-provincial and international trade and commerce and to general trade and commerce, which has been narrowly interpreted and historically applied most significantly to intra-provincial aspects of business competition. Accordingly, the two levels of government exercise constitutional powers in respect of different aspects of energy development, transportation, marketing and use. Generally the provinces regulate local matters regarding oil and gas exploration and production and energy transportation and marketing within its provincial boundaries. With respect to energy transportation and marketing, the movement of goods inter-provincially is regulated by the federal government Likewise, pipelines which cross provincial or international boundaries are under federal jurisdiction.184 Moreover, each province within the Canadian federation can adopt its own unique approach to the regulation and production of oil over which it enjoys jurisdiction.185 Alberta is an example of one model. [I]n Alberta, the ERCB [Energy Resources and Conservation Board] requires that participants seeking to license for and engage in oil exploration, development and production activities obtain a business associate code. A corporation applying for a . . . code must be resident in Alberta, which means that it must have an office and staff located in Alberta.186 But in some federations, the central government enjoys a constitutionally mandated monopoly in the oil sector, most often exercising this control via a corporate entity, as is the case in Brazil,187 Mexico,188 and Nigeria.189 This arrangement can be made at the state‘s creation or constitution‘s adoption, or it can come about over time. Malaysia is a good example of the latter. A federation of thirteen states and three federal territories created in 1963 by a union of the Malay states and former British Crown colonies of Sabah, Sarawak, and Singapore (Singapore left the union in 1965), Malaysia initially THE KURDISH REGIONAL CONSTITUTION 753 established in its first constitution that onshore oil would be controlled by the states, not the central government.190 The Federal Constitution defines the distribution of legislative powers and responsibilities between the federal and state governments. It stipulates that all mineral resources, including oil, within or upon any land in a state are owned by the state and the state government is allowed to collect revenue from such mineral resources. Exploration and production of oil were made pursuant to oil prospecting licenses and oil mining leases pursuant to the Mining Enactments of the States in Peninsular Malaysia; the Mining Ordinance of Sabah; and the Oil Mining Ordinance of Sarawak. Pursuant to these oil prospecting licenses and oil mining leases, oil companies were granted the exclusive right over all crude oil won and saved in mining areas in return for payment of rent and royalty to the state government. 191 And in 1966, this regime was further bolstered with the Petroleum Mining Act, which provided that ―companies wanting to explore or extract oil onshore in any state must apply to the state government for an exploration license or enter into a petroleum agreement with the state government.‖  192 But after the 1973 world oil crisis, Malaysia‘s central government acted to consolidate its control over the oil sector and the states were stripped of their power. The government incorporated a new national oil company, PETRONAS. Under the Petroleum Development Act of 1974, ―the entire ownership in and exclusive rights, powers, liberties, privileges of exploring, winning and obtaining petroleum onshore and offshore Malaysia were vested in PETRONAS.‖  193 Thus, at least in the onshore context, the Malaysian experience illustrates how a federation can move from one extreme to the other over time in power allocation between states and the central government. Although not a federation, Denmark has spun off the most authority over oil exploration and production to the other constituent units of the Danish Common Community: the Faroe Islands and Greenland. The Faroe Islands were granted self-rule from Copenhagen in 1948 and a subsequent 1992 agreement granted the Faroe Islands ―independent of Denmark, . . . the legislative authority and the administration of the area of exploration and production of hydrocarbons.‖ 194 Greenland was granted home rule in 1979 and, subsequently, under the 2009 Self-Rule Act, it was recognized that ―Greenland owns and has the right of disposal of all mineral resources, including oil and gas, in Greenland.‖ 195 Presently, the Kurds appear to be following the more typical Mexican model in their new oil and gas law, promulgated before the constitution, with a ministry and a nationalized company to oversee operations.196 This perhaps rests on the premise that they operate economically as a de facto state along the lines of Taiwan already. But the most fruitful model to follow for the Kurdish Regional Government might be the Canadian model, where provinces control their own natural resources, and each province within the federation may adopt their own exploration and development rules independent of the other provinces. The 2005 Iraqi federal constitution may allow the Kurds to do just that. D. A Reverse Supremacy Opportunity on the Question of Oil Figure 3 depicts the oil resources in and around the Kurdistan region. The oil fields close to Kirkuk and to the east include Demir Dagh, Taqtaq, Chamchamal, Kor Mor, and perhaps Chia Surkh. Who controls these oil fields is a constitutional question that depends upon the interplay between the Kurdish regional constitution and the Iraqi federal constitution. As noted earlier, the Iraqi constitution is supreme in designated areas, over which the federal government enjoys exclusive authority. Oil is not one of them. The Kurdish delegation was incredibly successful in pushing this item into an area of shared competency during negotiations on the Iraqi constitution. [T]he drafting history shows the relative success of the Kurds during the negotiation process. . . . By the end of the process . . . many of the exclusive authorities in the earlier drafts had been shifted to the section on joint competencies, and the federal government‘s authority to directly manage oil and gas had been cut back to apply expressly only to resources from ―present fields.‖ The result, therefore, favored the overall Kurdish interest in limiting the role of the federal government in Iraq and ensuring broad powers for the KRG.197 Article 112 is the operative portion of the Iraqi federal constitution that establishes some room for maneuver by the Kurdish regional government on the question of controlling oil resources within Kurdistan. It should be read in the context of Article 111, which places ownership of oil wealth in people of Iraq and the regions.198 Article 112: First: The federal government, with the producing governorates and regional governments, shall undertake the management of oil and gas extracted from present fields, provided that it distributes its revenues in a fair manner in proportion to the population distribution in all parts of the country, specifying an allotment for a specified period for the damaged regions which were unjustly deprived of them by the former regime, and the regions that were damaged afterwards in a way that ensures balanced development in different areas of the country, and this shall be regulated by a law. Second: The federal government, with the producing regional and governorate governments, shall together formulate the necessary strategic policies to develop the oil and gas wealth in a way that achieves the highest benefit to the Iraqi people using the most advanced techniques of the market principles and encouraging investment. 199 The definition of the term ―present‖ in section one of Article 112 is the fulcrum of the argument the Kurds will proffer to control the oil within Kurdistan. Because the federal government may expressly assert management over only the present oil fields, ―present‖ not being defined in the document, and no mention is made of ―future‖ oil fields, the savings clause of Article 115, reserving all other powers to the regions, would appear to open the door for Kurdish control of ―non-present‖ fields in Kurdistan. 200 This argument is bolstered on a plain reading of Article 121, which empowers regions to essentially override federal legislation that touches on areas outside the exclusive competency of the federal government ―Present‖ could simply mean known or currently producing. Of Iraq‘s eighty known oil and gas fields, only twenty have been developed.201 Two members of the U.S. delegation that negotiated the Iraqi constitution acknowledge that this ambiguity in Article 112 could feasibly cut either direction.202 However, they ultimately conclude that, based upon the legislative history of the negotiations as the Iraqi constitution was being drafted, an interpretation favoring greater regional control over truncated federal control of oil resources (based on the use of Article 115 and buttressed by Article 121) would be disingenuous: On one hand, Articles 115 and 121(second) could be read to permit regional or governorate laws to trump federal laws concerning oil and gas regulation in certain circumstances, because the constitution technically provides for concurrent jurisdiction over these natural resources. On the other hand, one might argue that the drafters, choosing to address oil and gas separately in Articles 111 and 112 rather than within Article 114 on concurrent authorities, did not intend regional or governorate law automatically to trump federal laws on oil and gas. The tenor of the oil and gas negotiations strongly argues for the second reading. The drafters battled over the oil and gas language for weeks, ultimately holding up negotiation of all other unresolved areas until treatment of natural resources was resolved. In contrast, an early version of Article 115 arrived in the document for the first time on August 21 with little or no debate preceding its inclusion in the document. It seems quite unlikely that the drafters, while undertaking painstaking efforts to agree that the federal government would manage oil and gas and distribute income ―with‖ the producing regional and governorate governments, would have intended to upend such carefully negotiated language through the insertion of a last minute provision giving regional and governorate governments primacy over federal regulation in areas of concurrent authority. In addition, the drafting history shows that negotiators considered addressing oil and gas within provisions on exclusive and concurrent authorities in earlier drafts, but, with the final compromise, decided to address oil and gas outside of the exclusive concurrent dichotomy Similarly, although Article 121(second) . . . was included in the draft Constitution somewhat earlier than Article 115, the singular focus on resolving the distribution of authority over oil and gas, in conjunction with the separate textual treatment of these provisions, suggests that the more reasonable reading is that the drafters did not intend Article 121(second) to override the careful compromise on oil and gas. [Moreover,] Article 115 . . . could be read to mean that the federal government maintains no authorities outside its area of exclusive competence. There are at least two textual arguments for rejecting this interpretation. First, Article 121(second) presumes that the federal government has the power to enact legislation outside the area of exclusive federal authority, by providing for regional law supremacy ―in case of a contradiction between regional and national legislation in respect to a matter outside the exclusive powers of the federal government.‖ Second, many sections of the constitution that address areas outside the scope of Article 110 on exclusive authorities contemplate that the federal legislature will enact laws to give substantive provisions greater definition and shape. Here, as above, the negotiating history may help resolve any lingering textual ambiguity. The late date on which the drafters introduced Article 115 is not by itself a reason to discount the meaning of the plain language. However, the timing and ambiguity of the provision, when juxtaposed against other provisions that clearly support the federal government‘s prescriptive legislative power outside its area of exclusive federal authority, support disregarding conflicting or unworkable readings of the language. Instead, Article 115 should be interpreted to achieve consistency with the rest of this Section and other provisions discussing the respective primacy of federal and regional law. 203 Conversely, a legal opinion offered by a Cambridge international law professor concludes that the KRG‘s authority trumps that of the federal government. 204 Our team was presented a copy of this opinion at the regional parliament by Chairman Abdulla in a private meeting after the constitutional drafting committee had departed. It appears to have been commissioned in 2007 through the London offices of Clifford Chance LLP by the Prime Minister of the Kurdish Regional Government, Nechirvan Barzani, specifically to rebut the above assessment. On the question of interpreting the term ―present‖ in Article 112, Dr. Crawford argues that this means ―[oil] fields already in production. This interpretation is indicated by the word ‗extracted‘ and by the reference to ‗producing‘ governates. The clear inference is that Article 112, first, covers oil and gas extracted from fields presently in production.‖  205 Thus, all non-producing fields in Kurdistan would be ―managed by the relevant regional government alone.‖  206 Moreover, the relevant date on which such fields would be deemed present or not present is, according to Dr. Crawford, the date on which the Iraqi constitution entered into force (2006). And, as of that date, there were no producing fields in the Kurdistan region. 207 Consequently, a plain reading of the text, divorced from the background of the negotiations, establishes that: On the footing that there is a dispute between the federal and regional authorities [over oil] (of which there can be no doubt), Article 115 provides that priority is to be given to the law of the region—subject only to the Constitution itself. As to non-producing and future fields, there is under Article 112, Second, no federal right to manage, although regional management has to respect strategic policies, which have still to be formulated by the federal government ―with‖ the KRG.208 Dr. Crawford also pronounced the twenty concession agreements already negotiated between the KRG and foreign oil prospectors as legally valid. 209 The KRG, in turn, relied heavily on this legal opinion in moving forward on those agreements and seeking to conclude others without the permission of the federal government. 210 To date, major oil companies such as Shell and British Petroleum have been reluctant to contract with the Kurdish authorities so as not to upset the federal government.211 Nevertheless, with dueling opinions over controlling oil wealth, this matter may yet end up before the federal Constitutional Court in Baghdad. The Kurdish gambit is nothing less than a constitutional ju jitsu move based upon a reverse supremacy clause argument. The Kurds have moved ahead with promulgating their own oil law, 212 and they fix the date of definition for current oil fields as those that were ―in Commercial Production prior to 15 August 2005‖ 213 and future oil fields as those not in production as of that date. 214 The Kurdish regional government will likely take a litigation path to cement its claims by first seeking an opinion from the Kurdish regional Constitutional Court—which will be formed once the regional constitution enters into force. The regional court of cassation will function as the constitutional court in the interim as the Constitutional Court is being established. It would be wise for the president to await the Constitutional Court‘s creation before bringing such a case. In any event, the Kurdish Constitutional Court is only empowered to interpret the Kurdish constitution, not the Iraqi constitution. Consequently, with this judicial decision in hand, the Kurds would next take their case to the federal Constitutional Court in Baghdad—banking on the impartiality of the court to directly interpret the terms of the Iraqi constitution with their plain meaning as courts in civil code systems typically do. If the federal Court decided to go into the negotiating history, then any outcome would be possible. With a favorable outcome before the Court in Baghdad, the federal prime minister would then be obligated to implement its decision or be accused of breaching the principles of the federal constitution—thereby triggering Article 8‘s opt-out provision in the Kurdish constitution. Kurdish secession is always ―a threat but not a fatal one, unless they could take Kirkuk and the oilfields with them . . . .‖ 215 This too could be threatened—by force, to which an unstable Iraqi military may not be able to respond. The Kurds well know that Turkey, Syria and Iran are anxious never to see an independent Kurdish state emerge on their borders, lest the Kurdish populations in their own respective border areas agitate to break away and join such a state. Thus, as cagey negotiators, the Iraqi Kurds may be relying on political pressure from Tehran, Ankara and Damascus to force Baghdad to concede quite a bit on the oilfields in the interests of keeping Iraq together and the Kurds within it. Along with U.S. financial pressure to cut a deal, the central government in Baghdad may have no choice but to sit down with the Kurds and bargain. Although the terms of the federal constitution provide for a joint development agreement, none has yet been reached. And without the flesh and muscle of such a politically negotiated settlement, all the parties are left with are the bare legal bones of the constitutional text. Consequently, while any legal outcome is possible (and is most interesting to game), a political solution will almost certainly carry the day on the oil issue.

 

[yota691]

 196. Oil & Gas Law of the Kurdistan Region—Iraq art. 6-61, 2007, available at http://www.perleman.org/files/articles/070708090735.pdf [hereinafter Oil and Gas Law of the Kurdistan Region].

 

 

 south 

[horsesoldier]

1 hour ago, Stelardoc said:

It's the Dinardemic or Dinardamdemic depending on the day.  

They'll probably have a vaccine for that that will make us sicker.

Oh yeah.. already do.. the Gurus. 

Watch out for the spike BS protein. Definitely you will be predisposed with 

Psychotic episodes complicated further by the Fake news.

Eye masks are recommended as a precaution so one cannot read the BS🤩

Thought I'd try for a Colonic Flush to see what condition my condition was in.🥸

[Stelardoc]

1 hour ago, horsesoldier said:

Thought I'd try for a Colonic Flush to see what condition my condition was in.🥸

Couldn't hurt. BM's to clear out the BS. Then a a shower cuz the "Stuff"

gets all over us.

[Goggles]

9 hours ago, pokerplayer said:

 

Post of the day. We'll said Goggles. 

 

pp

 

Thank you pokerplayer! 

[NEPatriotsFan1]

11 hours ago, horsesoldier said:

 

Indeed...my health issues are purely mental-after 19 years following these mutant screw heads and never ending shenanigans, I have psychotic episodes daily 🤣

I’ve heard of PTSD, and RVI just didn’t know that stood for “P”issed  “T”hat I’m “S”till waiting on “D”inar to “R”e”V”alue

[Stelardoc]

4 hours ago, NEPatriotsFan1 said:

I’ve heard of PTSD, and RVI just didn’t know that stood for “P”issed  “T”hat I’m “S”till waiting on “D”inar to “R”e”V”alue

Well played Sir!!