ناظم عبدالله احمد صلاحية الاقاليم الفدرالية في ابرام العقود الدولية وتاثيراتها

Abstract

       This research studies the authority of federal regions to conclude international contracts with external entities, whether states or multinational companies. It studies the potential impact of such contracts on the national sovereignty of the federal state by assessing their compatibility with constitutional rules. In this context, a case study will be applied on the oil contracts concluded by the Kurdistan Region with international energy companies as a model.

     The research will study the legal texts which the Kurdistan Region relies on in concluding oil contracts, in accordance with rules of constitutional and international law. It will also study the extent of these contracts with Iraqi federal laws and Iraq’s international obligations, particularly in the energy sector, in view of Iraq’s membership in the Organization of the Petroleum Exporting Countries (OPEC). As well as, the research will address the international aspects of oil contracts by analyzing relevant international treaties that federal regions may depend on. Furthermore, this research will highlight the political and economic challenges that facing oil contracts and their effects on the mechanisms used to administer natural resources. It will also discuss the implications of these contracts for the concept of national sovereignty, particularly in the light of differential legal interpretations between the federal government and the Kurdistan Regional Government.

      The aim of this study is develop a comprehensive perspective on the best mechanisms to ensure a degree of autonomy for federal regions within a federal system, allowing them to enter into international contracts that contribute to their economic development while maintaining national sovereignty, by proposing legal recommendations to promote cooperation between the federal government and the Kurdistan Region, ensuring the region’s autonomy in administering its affairs while

maintaining national sovereignty.