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Judge Stephen M. Schwebel Endorses Kurdistan Regional Government's Constitutional Rights in Oil and Gas Management

Gulan Media January 11, 2024 News
Judge Stephen M. Schwebel Endorses Kurdistan Regional Government's Constitutional Rights in Oil and Gas Management

International Legal Authority Supports KRG's Claims Over Vital Sectors

In a significant development, Judge Stephen M. Schwebel has delivered a compelling endorsement of the Kurdistan Regional Government's (KRG) constitutional rights in managing oil and gas resources, asserting the KRG's legitimate claim over these crucial sectors.

Judge Schwebel's analysis, grounded in a deep understanding of international and Iraqi constitutional law, focuses on the constitutional framework and unequivocally supports the KRG's authority in oil and gas production and management.

Key to his argument is the interpretation of Articles 110, 114, 115, and 121 of the 2005 Iraqi Constitution. According to Schwebel, these articles do not grant exclusive authority to the Federal Government over oil and gas resources but empower regional governments, such as the KRG, to manage production within their territories.

The judge meticulously reviews the 2022 ruling by the Federal Supreme Court, which declared the KRG Oil and Gas Law of 2007 unconstitutional. Schwebel's perspective challenges the court's verdict, asserting the KRG's constitutional authority to legislate and engage in agreements for oil and gas development.

This endorsement aligns with the late Professor James Crawford's analysis, emphasizing that the KRG's authority extends to decisions on new oil exploration and exploitation, reinforcing the region's autonomy.

Judge Stephen M. Schwebel, known for his distinguished career in various legal and international roles, brings a wealth of experience to bear on this matter. His background includes serving as the president of the International Court of Justice, deputy legal adviser to the US Department of State, and a professor of law at Harvard Law School and Johns Hopkins University.

The judge's endorsement carries significant weight, potentially influencing the ongoing debate over the constitutional rights and powers concerning oil and gas management in Iraq. As the KRG continues to assert its claims, Judge Schwebel's authoritative perspective adds a notable dimension to the discourse surrounding this critical issue.

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