Legal Disputes between Iraq and Turkey over the KRG’s Oil Fields and the Implications of the ICC Court’s Ruling on Them

Authors

  • Bamo Mohammed Karim University of Sulaimani
  • Peshraw Hamajan Aziz University of Sulaimani

DOI:

https://doi.org/10.31436/jia.v21i1.1206

Keywords:

KRG, Iraq, Turkey, Crude Oil Pipeline, Legal Disputes, Agreement, Implications

Abstract

This paper aims to analyze the dispute that arose between the KRG and Iraq on the one hand, and between Iraq and Turkey on the other, over the export of the KRG's crude oil via the Turkish Ceyhan terminal. Through a comprehensive evaluation of the dispute's origins, this study critically examines the relevant constitutional texts and the factors that led to this disagreement developing into an international conflict between Turkey and Iraq. The paper also examines the repercussions of the International Chamber of Commerce Arbitration Court ruling (ICC Court’s ruling) in Paris on the issue. A qualitative research methodology was carefully used, including an analysis of the implications of the ICC Court's decision, to achieve the study's main goal. Ultimately, in contrast to some observers who viewed the repercussions ICC Court's ruling as a major victory for the Iraqi federal government. This article posits that Iraq's victory is unthinkable due to the more complex tripartite relationship between the parties to the dispute, as well as several bilaterally complex issues between Turkey and Iraq. Furthermore, it is predicted that these repercussions will endanger Iraq if this dispute is not settled amicably.

Author Biographies

Bamo Mohammed Karim, University of Sulaimani

Bamo Mohammed Karim is a Master's degree Holder and Assistant Lecturer at the College of Law, University of Sulaimani

Peshraw Hamajan Aziz, University of Sulaimani

Assistant Professor Dr. Peshraw Hamajan Aziz is a Lecturer at the College of Law, University of Sulaimani

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Legislation and Agreements:

The Iraqi Republic Constitution of 2005.

The Kurdistan Regional Government’s Oil and Gas Act No. (22) of 2007.

The Federal General Budget Act of the Republic of Iraq for the fiscal years (2023, 2024, 2025) No. (13) of 2023, published in the Iraqi newspaper Al-Waqe’i on June 26, 2023.

Crude Oil Pipeline Agreement between the Government of the Republic of Iraq and the Government of the Republic of Turkey on November 11, 1973.

Crude Oil Pipeline Protocol Between the Government of the Turkish Republic and The Government of the Iraqi Republic.

Addendum to the Crude Oil Pipeline Agreement of 27 August 1973 Between the Government of the Iraqi Republic and the Government of the Turkish Republic.

Amendment to the Crude Oil Pipeline Agreement Dated 27 August 1973 and Subsequent Relevant Agreements, Protocol, Minutes of Meetings, and Addendums Between the Government of the Republic of Iraq and the Government of the Republic of Turkey.

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Published

2024-06-28

How to Cite

Bamo Mohammed Karim, & Peshraw Hamajan Aziz. (2024). Legal Disputes between Iraq and Turkey over the KRG’s Oil Fields and the Implications of the ICC Court’s Ruling on Them. Journal of Islam in Asia (E-ISSN 2289-8077), 21(1), 166–190. https://doi.org/10.31436/jia.v21i1.1206

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Section

English Articles