Oil ownership and the conclusion of its investment contracts in Iraqi legislation ( Acomparative study)
DOI:
https://doi.org/10.65263/acbyac15Keywords:
1- Individual ownership 2- State ownership of oil 3- Oil producing country 4- Foreign oil company 5- Oil contractsAbstract
Oil is considered one of the fundamental resources upon which the inhabitants of the Earth rely for the continuation of human life and the maintenance of their standard of living. Through it, most of the essential needs and basic requirements necessary for living are provided, thereby ensuring a decent life for individuals. Oil also contributes to poverty reduction and assists the state in promoting the economic growth of society. However, the ownership of oil varies from one legal system to another. Some states adopt a system of private ownership, while others adopt a system in which the state retains ownership of oil resources.
Given that oil constitutes the primary source of energy and one of the most significant discoveries achieved by humankind in the modern era, the legislature has required the administrative authorities to follow specific procedures established in energy legislation when concluding oil contracts. These procedures aim to ensure the proper formation of the contract, the production of its legal effects, and the realization of the best possible returns for the state. Accordingly, the legislature imposes a set of restrictions and procedural requirements that the administration must observe in order to safeguard the public interest and protect public funds.
References
First: Legal Books
1. Dr. Hamada Abdel Razzaq Hamada, The Legal System of Public Utility Concession Contracts, New University Publishing House, Alexandria, 2012.
2. Dr. Khalid Mansour Ismail, Problems of Arbitration in Oil Contract Disputes, 1st ed., Law and Economics Library, Riyadh, 2015.
3. Dr. Rabie Shenoub, Contractual Technique, Modern Book Institution, Beirut, 2014.
4. Dr. Sabah Abdul-Kadhim Shabib, The Legal System of Oil Development and Production Contracts in Iraq, 1st ed., Arab Scientific Publishers, Beirut, 2015.
5. Saman Khorshid Hussein, Procedural Aspects of Oil Contracts (A Comparative Study), 1st ed., Zain Legal Publications, Beirut, 2018.
6. Dr. Saad Allam, Encyclopedia of Petroleum Legislation in Arab Countries: The Arabian Gulf Region, 1st ed., Doha, Qatar, 1978.
7. Dr. Suleiman Al-Tamawi, General Principles of Administrative Contracts (A Comparative Study), 4th ed., Ain Shams Press, 1984.
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11. Dr. Abdel Aziz Abdel Moneim Khalifa, General Principles of Administrative Contracts, 1st ed., National Center for Legal Studies, Cairo, 2008.
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24. Dr. Yahya Hammoud Hussein Al-Bu’ali, Oil Policy in Iraq: Lessons from the Past and Future Prospects, 1st ed., Iraq Center for Studies, Baghdad, 2015.
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Second: Theses and Dissertations
1. Riyadh Nasser Al-Shammari, The Federal System in Iraq (An Analytical Study), Master’s Thesis, Institute of Arab Research and Studies, Cairo, 2013.
2. Sana Mohammed Sudkhan Al-Baydhani, Distribution of Financial Powers Between the Federal Government, Regions, and Governorates (Iraq as a Model), PhD Dissertation, College of Law, University of Tikrit, 2012.
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Third: Research Papers
1. Amin Mohammed Al-Qatari, “Distribution of Financial Resources Between the Federal State and Its Constituent Units,” published online at www.slideserve.com.
2. Jawad Kazem Al-Bakri, “Foundations for the Distribution of Wealth in Federal Systems,” published online at www.uobabylon.edu.iq.
3. Dr. Sabah Abdul-Kadhim Shabib, “The Legality of Signing Service Contracts with Foreign Oil Companies for the Development of Oil and Gas Fields,” published by the Petroleum Contracts and Licensing Directorate, Ministry of Oil, Baghdad, 2009.
4. Faleh Abdul-Jabbar, “The Iraqi Constitution and Iraq’s Oil and Gas Wealth,” in The Constitution Dilemma, 1st ed., Institute of Strategic Studies Publications, Al-Furat Publishing, Baghdad/Beirut, 2006.
5. Dr. Fakhri Qadouri, “A Brief History of Foreign Oil Companies in Iraq,” published online at www.iraqieconomists.net.
6. Ghanem Al-Anaz, “Oil and Its Discovery in Iraq,” published online at www.almosul.com.
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Fourth: Iraqi Legislation
1. Law No. (4) of 17/2/1952, Law Ratifying the Oil Concession Agreement Concluded with Iraq Petroleum Company Ltd., Mosul Petroleum Company Ltd., and Basra Petroleum Company Ltd., published in the Iraqi Gazette, No. (3064), 18/2/1952.
2. Iraqi National Oil Company Establishment Law No. (11) of 1964 (repealed), Iraqi Gazette No. (912), 8/2/1964.
3. Iraqi National Oil Company Establishment Law No. (123) of 1967 (repealed), Iraqi Gazette No. (1474), 21/9/1967.
4. Law No. (97) of 1967 on the Allocation of Investment Areas to the Iraqi National Oil Company (repealed), Iraqi Gazette No. (1449), 7/8/1967.
5. Law No. (118) of 1972, Law Ratifying the Contract with Petrobras (Brazilian Petroleum Corporation), Iraqi Gazette No. (2198), 13/11/1972.
6. Law No. (135) of 1973, Law Ratifying the Contract with the Oil and Natural Gas Commission of India for Exploration Block No. (18), Iraqi Gazette No. (2296), 20/11/1973.
7. Revolutionary Command Council Resolution No. (864) of 1/6/1980.
8. Revolutionary Command Council Resolution No. (267) of 1987 (repealed), Iraqi Gazette No. (3149), 11/5/1987.
9. Companies Contracting Law No. (66) of 1987, Iraqi Gazette No. (3159), 20/7/1987.
10. Law No. (10) of 1997, Law Ratifying the Oil Contract with a Consortium of Russian Companies for the Development of the Qurna Field, Iraqi Gazette No. (3675), 22/6/1997.
11. Law No. (21) of 1997, Law Ratifying the Oil Contract with a Chinese Consortium Represented by the China National Petroleum Company (Al-Waha) for the Development of the Al-Ahdab Field, Iraqi Gazette No. (3683), 18/8/1997.
12. Law of Administration for the State of Iraq for the Transitional Period (2004), Iraqi Official Gazette, 5/3/2004.
13. Constitution of the Republic of Iraq (2005), Iraqi Official Gazette No. (4012), 28/12/2005.
14. Kurdistan Region Oil and Gas Law No. (22) of 2007, Official Gazette of the Kurdistan Region, No. (75), 15/11/2007.
15. Iraqi National Oil Company Law No. (4) of 2018, Iraqi Gazette No. (4486), 9/4/2018.
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Fifth: Arab Legislation
1. Article (23) of the Constitution of the United Arab Emirates (1971).
2. Lebanese Offshore Petroleum Resources Law No. (132) of 2010.
3. Oil and Gas Law of the Sultanate of Oman (2011).
4. South Sudan Petroleum Law (2012).
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