ماهية تطوير ثروة النفط و الغاز

Abstract EN

Distribution and dividing wealth among the elements of the federal state, is considered as one of the most complicated issues due to its effect on the state economic power.

Since the validity of the constitution of the republic of Iraq 2005, up to date, many disputes are aroused among the federal government and the government of the region and the productive governorates, especially upon distributing and dividing petroleum and gas wealth and the contracts that the government of the region concluded concerning exploring or excavating gas, transporting and selling gas and petroleum without referring the federal government.

This dispute is ascribed to the ambiguity of some of the constitution articles and the contrast among some of its texts which organize the jurisdictions of the federal authorities, the region authority and the governorates that are not organized within a region in general, with its jurisdictions concerning petroleum and gas in particular.

In addition to the legislative failure in the field of petroleum and gas distributing jurisdictions among the regime levels in the republic of Iraq because the federal project for petroleum an gas, which article (No.112/ First)of 2005 constitution had texted, had not been confirmed till 2007, and this resulted in different explaining for the constitutional texts relating petroleum and gas.

The absence of a legislative feature which controls these jurisdictions, the region went beyond the limits in its independence that it manage the oil produced in the region without referring the federal government which insisted on the method adopted by the ministry of oil before the constitution of the republic of Iraq 2005, it did not have any change to keep pace with federal regime.

The result is using petroleum and gas wealth in a way that contradicts the federal regime on which the Iraqi state based, and the principle of cooperation and coordinating changes into monopolization principle which substitutes applying the constitutional texts or amending them.In the developed countries, the federal authority attempts to distribute and divide this important wealth by the best ways due to its direct effect on the state economy and finance; the federal legislation authority legislates the rules required to develop this wealth according to article (No.61/ First) of the constitution of the republic of Iraq 2005.

There are some legislations concerning developing and investing the petroleum and gas wealth; some of them are devoted to the structural construction of the institutions of the oil sector, and other for organizing the petroleum activity and all the stages of the productive oil process.

The public budget depends totally on the values and the incomes of petroleum and gas.

This point has a deep connection with the federal executive authority in the petroleum and gas wealth; via the ministerial program, which represents the general policy of the federal government, it is a frame appears as a written document includes the rules and decisions required to develop the petroleum and gas wealth by enlisting plans and policies, imposing obligations for the ministry of oil for the optimum investment, developing the productive energies of the crude oil and natural gas, and developing the storing and transporting system to increase the production and exporting energy.

Hence, the constitutional texts in the federal constitution are based on to manage the petroleum and gas wealth.

The federal authorities may not agree with the regions and the governorates that are not organized within a region upon the authority specialized in managing the petroleum and gas wealth and its division machinery after the constitution validity.

Due to the importance of this wealth in the federal countries both of the federal authority with that of the regions and the governorates that are not organized within a region to control it and invest it for their interest, so there is the dispute is aroused to define the party that has the right to manage the petroleum and gas wealth The federal constitutions insist on authorizing an independent constitutional institution to settle the disputes concerning distributing and dividing the wealth.

The constitution of the republic of Iraq 2005 authorized the federal court to settle such disputes or explain the constitutional texts that organize the distribution and dividing machinery.

The court would make it one of the important conditions and organizational balance that prevent the domination of the federal authorities on each other.

Moreover, the court authority to judge the non-constitutionality of certain legislative text and the validity of its judgment to face all authorities is a support for the constitutional legislation and to secure the equal distribution of the petroleum and gas wealth.

The constitutional legislator had confirm the valid rules and regulations as the protector of the constitution and a keeper of the rights set in the constitution of the republic of Iraq 2005.

The constitutional systems had different effects on the decision issued from the constitutional judiciary.

The decision expiry date and validity also differ from one system to another.

Moreover, these decisions have an absolute evidence or authority for all the state federal authorities( regional and governments) and they are not subjecting to rebut or appeal as they are final and conclusive decisions.