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BB, using the word obliged in #2 has no bearing on the point I was making because it is not used in #3.
TM,
I would say "obliged" equates to an instruction, wouldn't you?
Part #2 of the ruling stated:
the Federal Supreme Court has decided:
2. The regional government is obliged to hand over the entire oil production from oil fields in the Kurdistan Region and other areas from which the KRG Ministry of Natural Resources extracted oil and delivered it to the federal government, the Federal Ministry of Oil, and enable it to use its constitutional powers to explore, extract and export oil.
Part #4 of the ruling stated:
the Federal Supreme Court has decided:
4. Obliging the Kurdistan Regional Government to enable the Iraqi Ministry of Oil and the Federal Board of Supreme Audit
to review all oil contracts concluded with the Kurdistan Regional Government regarding the export and sale of oil and
gas for the purpose of auditing it and determining the financial rights of the Kurdistan Regional Government as a result of it and to determine the region's share of the general budget and in a way that ensures that the rights of citizens of the Kurdistan Region provinces are delivered from the federal general budget and not delayed after all paragraphs of this decision are implemented by the Kurdistan Regional Government. The Federal Government and the Federal Board of Supreme Audit have been notified.
'#1 they only repealed the KRG’s law under which the contracts were awarded, as opposed to declaring it null and void from creation.'
Which would suggest (as per KRG's position) had the Constitution itself allowed Baghdad the 'null and void' option, they would have taken it...If they meant it.
@C*ckeye, just had another look at the detailed judgement on the FSC’s own website.
#1 they only repealed the KRG’s law under which the contracts were awarded, as opposed to declaring it null and void from creation.
#3 they awarded the plaintiff the right to nullify the contracts, as opposed to instructing them to do so.
Seems there is a lot more leeway there than some of the reports at the time made out.
Iraqi Constitutional law versus allegedly English based Contract law, shouldn’t take too long to get sorted :)
'His opinion as a politician counts for nothing compared to the FSC’s ruling about the contracts, the politicians are charged with implementing it.'
TM, only if that ruling has been ratified which (according to BB, who I have no reason to doubt) it hasn't been.
Ha! The media exaggerated his comment about “illegal and oil smuggling” in early July?
His opinion as a politician counts for nothing compared to the FSC’s ruling about the contracts, the politicians are charged with implementing it.
Then again the current FSC could itself be illegal and its ruling counts for nothing, along with every other decision it has made since the new Constitution in 2005.
His reported comments to a newspaper have made everything so much clearer :)
Hi TH.
Please see 22.21 post.
“This is an internal issue of [Iraq], and the media has exaggerated the disputes,” he added.
This is a face-saving comment and sounds like he's setting the scene for a partial climb down in order to reach compromise. V positive.
https://www.basnews.com/en/babat/768146#.Yu-sT35Q8dM
ERBIL — The Iraqi Oil Ministry and Kurdistan Region’s Ministry of Natural Resources are in close contact to find a solution to their prolonged disputes over the autonomous region’s oil and gas industry, Iraqi Oil Minister Ihsan Abduljabbar said.
Earlier this year, Iraq’s Supreme Federal Court issued a ruling to deem Kurdistan Region’s oil exports “unconstitutional”. The ruling was soon rejected by Erbil which said the court itself lacked constitutional bases and that the decision was politicized.
Minister AbdulJabbar told Sabah Newspaper on Sunday that the Kurdistan Region is allowed by the Constitution to extract and export oil from new oil wells. However, he said, the court ruling demands Erbil to send all the oil revenues to the federal government in Baghdad.
“The Oil Ministry is working to find a legal solution in order to end the disputes between the two sides,” Abduljabbar said.
“This is an internal issue of [Iraq], and the media has exaggerated the disputes,” he added.
CCC, have you got a link? Only thing coming up when cross referencing him with Kurdistan is from early July, “illegal and oil smuggling.”
That is very good news for GKP if correct and I really hope it is!
Just read that Iraqi Oil Minister Ihsan Abduljabbar said on Sunday that the Kurdistan Region is allowed by the Constitution to extract and export oil from new oil wells.
Now a lot has been said in the past, but i don't recall any Iraqi minister confirming this part of the dispute in the Kurds favour
Anyone??