The Legal Framework of Sustainable Development in Iraq: A Study on the Interaction between International Obligations and National Legislation

Authors

  • م.د. سرى باسم عبد المجيد Author
  • م.م. مصطفى هشام هجرس Author

DOI:

https://doi.org/10.65263/hxtjn709

Keywords:

Sustainable Development , Legal Framework, International Obligations, National Legislation, Constitution , Domestic Laws, Economic Development.

Abstract

The world has recently witnessed significant transformations in the nature of development and its instrumentalities, following the demonstrated inadequacy of traditional models to achieve a sustainable equilibrium between the imperatives of economic growth, on the one hand, and the preservation of natural resources and the realization of social justice, on the other. Consequently, the concept of sustainable development has emerged as a comprehensive intellectual and legal framework aimed at attaining balanced development that meets the needs of the present without compromising the rights of future generations, while duly integrating economic, social, and environmental dimensions alike. This concept has acquired increasing prominence at the international level, having been endorsed by the United Nations and various international organizations through numerous declarations and international agreements, culminating in the adoption of the 2030 Agenda for Sustainable Development, which established seventeen universal goals binding upon Member States, including Iraq, to undertake the necessary legislative and institutional measures for their implementation. Sustainable development is no longer merely a political orientation or an ethical commitment; rather, it has evolved into a legal principle exerting tangible influence on the formulation of public policies and national legislation. Within the Iraqi context, sustainable development assumes heightened importance in light of the political, economic, and security challenges the country has endured, in addition to escalating environmental crises such as desertification, water scarcity, land degradation, and pollution. Moreover, the Iraqi economy remains heavily dependent on natural resources—particularly oil—thereby necessitating the adoption of an effective legal framework to ensure the sound management and optimal utilization of such resources in a manner that achieves comprehensive and sustainable development, while mitigating the adverse effects of environmental and economic depletion..

References

First: legal books:

1.Ahmed Mohamed Abou Zeid and Ahmed Moussa Baalbaki et al., economic growth and sustainable development in the Arab countries, political and social dimensions, Vol.1, Arab Center for research and Policy Studies, Doha, 2013.

2.Honor olzo, the development and reconstruction of the Iraqi economy, translated by the Iraq Research Center, Vol. 1, Dar Al-Hawra for trade, printing and publishing, Baghdad 2006

3.Daoud Abdel Razzak El-Baz, the constitutional basis for the protection of the environment from pollution (an analytical study within the framework of the legal concept of Environment and pollution, Vol. 1, university thought House, Alexandria 2006

4.Suhair Ibrahim Hajim al-Hiti, international legal mechanisms for Environmental Protection in the framework of sustainable development, Vol.1, Al-Halabi human rights publications, Beirut, 2014.

5.Suhair Ibrahim Hajim al-Hiti, international legal mechanisms for Environmental Protection in the framework of sustainable development, Vol.1, Al-Halabi human rights publications, Beirut, 2014.

6.Safa al-Din Muhammad Abdul Hakim al-Safi, the human right to economic development and its protection internationally, first edition, al-Halabi human rights publications, Beirut, 2005.

7.Abbas Kazem Jassim Al-daami and Alia Thaer Mardan, wealth and the perspective of generational justice in Iraq, Al Bayan Center for studies and Planning, Department of research and economic studies, Baghdad 2024

8.Abdulaziz Al-nuwaidi, the right to development between international law and international relations (Arabic version), i1, Konrad Adenauer Foundation, University of California, USA, 1998

9.Abdullah khabaya and Rabah boukra, economic realities, economic globalization, sustainable development, Alexandria University, Egypt, 2009.

10.Nasser Ziad hayagneh, environmental law, the general theory of Environmental Law with an explanation of environmental legislation, Vol. 2, House of culture for publishing and distribution, Amman, 2014.

11.Othman Mohammed Ghoneim and Magda Abu Zant, sustainable development, its philosophy, planning methods and measurement tools, Vol.1, Safa publishing house, Amman, 2014.

12.Ammar Jafar Mahdi al-Azzawi, sustainable development in Iraq (indicators, opportunities, challenges), Marko Hammurabi for research and Strategic Studies, 2024.

13.Kazem Alaa Hussein, renewable energy and its impact on sustainable development in Iraq, al-Sanhouri publishing library, Baghdad, 2015.

14.Karim Salem Hussein, towards a strategic vision for Sustainable Development for 2030 in Iraq, Al Bayan Center for studies and Planning, University of Qadisiyah, Iraq, 2018.

15.Marbon Farouk slughelt, from Revolution to dictatorship (Iraq since 19588), translated by Malik al-nabras, al-Jamal publications, 2003

16.Malik Hussein al-Hamid, economic dimensions of environmental problems and the impact of sustainable development, Dijla printing house, Amman, 2014.

17.Nawzad Abdul Rahman al-Hiti, sustainable development, the general framework and applications, the UAE as a model, i1, Emirates Center for Strategic Studies and research, Abu Dhabi, 2009.

Second: legal journals and periodicals:

1.Ahmed Abdul Jabbar Hamid, sustainable development in Iraq: the importance of achieving the sixteenth goal after 2015, research published in the Journal of International Studies, University of Baghdad, issue ninety-ninth, 2024, P. 440

2.Ahmed Abdul Hassan kaih and others, public-private partnerships for Sustainable Development, Journal of entrepreneurship and business, Vol.6, No. 1, Iraq, 2025.

3.Hossam Abdul Amir Khalaf, sustainable development and nuclear energy, Journal of Legal Sciences, vol.34, No. 1, University of Baghdad, Baghdad, 2019.

4.Shahla Suleiman Mohammed, the duty of Management in combating desertification and drought in Iraq, Journal of legal and Political Sciences, University of Diyala, Vol.12, No. 2, Iraq, 2023.

5.Abdullah Mohammed, sustainable development (concept, elements and dimensions), Diyala Magazine, Issue 67, Iraq, 2015.

6.Lebanon phone Shami and Israa Alaeddin Nouri, the reality of sustainable development in Iraq: obstacles, challenges and development strategies, research published in the Journal of Baghdad College of Economic Sciences University, special issue of the Eighth International Scientific Conference, 2018

7.Mahmoud Mohamed mangoud Aboul Gheit, the legal basis of sustainable development in the light of the norms of international law, proceedings of the conference: legal and economic aspects of economic development, Volume 2, Ain Shams University, Faculty of law, Cairo, 2022.

8.Marwan Hussein Ahmed and Dr. Fawzi Hussein Salman, legal protection of the right to sustainable development, research published in the Journal of Basra studies, supplement issue (48), year 18, June 2023

9.Marwa Yasser Ghazi Al Faisal, international agreements on clean energy and sustainable development, Journal of the Iraqi university, Vol.74, No. 6, Iraq, 2025.

10.Nizar Theyab Assaf, the reality of sustainable development and the requirements for achieving it in Iraq, Fallujah university magazine, No. 7, Iraq, 2016.

11.Statistical report of the Ministry of Planning (Sustainable Development Goals), issued by the Central Bureau of Statistics, Department of Human Development statistics, Baghdad 2017

Third: international resolutions and conferences:

1. The United Nations conference on the human environment in Stockholm, Sweden, in 1972.

2. United Nations General Assembly resolution 44/228, 1989.

3. The United Nations conference in Rio de Janeiro, Brazil, 1992.

4. Sustainable Development Conference Johannesburg 2002.

Fourth: constitutions and legislation:

1.The Iraqi constitution of 1963 was abrogated.

2.The interim Iraqi constitution of 1964 was repealed.

3.The abrogated Iraqi constitution of 1968

4.The Iraqi state administration law for the transitional period of 2004 was repealed.

5.The Constitution of the Republic of Iraq in force for the year 2005.

6.Law regulating the exploitation of beaches No. 59 of 1987

7.Ministry of higher education and scientific research Law No. 40 of 1988 as amended.

8.Ministry of Labor and Social Affairs Law No. 8 of 2006

9.Environmental Protection and improvement Law No. 27 of 2009

10.Wild Animals Protection Law No. 17 of 2010

11.Ministry of Education Law No. 22 of 2011.

12.Ministry of Agriculture Law No. 10 of 2013

13.Animal Health Law No. 32 of 2013

14.Labor Law No. 37 of 2015.

15.Noise Control Law No. 41 of 2015.

16.Federal general budget law of the Republic of Iraq for the fiscal year 2021 No. 23 of 2021

17.Federal general budget law of the Republic of Iraq for fiscal years (2023-2024-2025) No. 13 of 2023.

Fourth: websites:

* Iraq: Sustainable Development Goals 2030, article published on the website: https://mop.gov.iq/documents/Regional&loca

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Published

2026-06-29

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Section

Legal research