An investigation into the oil and gas contractual and legal relationship between the Kurdistan Regional Government (KRG) and the Iraq Federal Government (IFG).

Kadirgolam, Brzoom

Abstract

The Kurdistan Regional Government's (KRG) production-sharing contracts (PSCs) with international oil companies (IOCs) have dominated the relationship crises between the KRG and the Iraqi Federal Government (IFG) for the last fifteen years. During this period, the KRG has managed to sign fifty PSCs with IOCs, without any participation of - or prior approval from - the IFG. The authority of the KRG to manage oil and gas operations and the legality of the KRG's PSC has been contested constantly by the IFG. The federal constitution (the Constitution) is the primary battlefield between the KRG and the IFG over the management of oil and gas operations. The KRG argues that its act of managing oil and gas operations within its territories is consistent with the constitutional provisions (the full text of the Iraqi Constitution is available online - http://www.iraqinationality.gov.iq/). Articles 111 and 112 of the Constitution are the main sources for oil and gas management. Article 111 concerns the ownership of oil and gas in Iraq, while Article 112 provides how oil and gas should be managed. This legal dispute is also associated with long-standing ethnic conflict between the Kurds and the IFG, which has been going on for over eighty years. The political dimension has adverse implications for this complex legal dispute. This research critically analyses the legal arguments forwarded by the disputed parties over the management of oil and gas under the Constitution. It also provides an in-depth investigation into the legality of the KRG's PSC and whether they are consistent with the Constitution. The constitutional issues have complicated the dispute to the extent that settlement would be impossible, unless substantial amendments are made to the Constitution or to the Draft Federal Oil and Gas Law. The research considers all relevant national and international laws, examines the legal positions of both parties, scrutinises the views of key players and provides practical recommendations in order to achieve an objective outcome.

Citation

KADIRGOLAM, B. 2020. An investigation into the oil and gas contractual and legal relationship between the Kurdistan Regional Government (KRG) and the Iraq Federal Government (IFG). Robert Gordon University [online], PhD thesis. Available from: https://openair.rgu.ac.uk

• Thesis Type: Thesis
• Deposit Date: Jul 22, 2020
• Publicly Available Date: Jul 22, 2020
• Keywords: Oil and gas law; Oil and gas contracts; Production-sharing contracts; Constitutional law; Kurdistan; Iraq
• Public URL: https://rgu-repository.worktribe.com/output/950954
• Award Date: Apr 30, 2020