أزمة تقاسم الثروات الطبيعية في ظل قصور النصوص الدستورية : العراق نموذجا

Abstract EN

The existence of natural resources on the globe is one of the basics of the continuation of life in it, because it is in short the property of its children, it is not possible to imagine the existence of human life free of natural resources, attention to wealth is a real guarantee, represented by one of the legal aspects of the state, which is the respect of human rights, including the right to exploit wealth, provide livelihoods, reduce poverty levels and promote economic development, in light of the rapid developments in international law, attention to modern rights has been replaced by national laws, this right has taken its place among the drafters of constitutions as one of the constituents of the constitutional system, which adopts the democratic approach as a method of governance, considering that the right to natural resources is one of the manifestations of those rights, and this right has taken an important place in the attention of the drafters of national constitutions in order to ensure the rights of peoples now and in the future to exploit and develop natural resources.

the system of government is the main engine of the state, which determines its status and political weight, so the type of system contributes to determining the constitution of the state and its laws and institutions, since the system of government in iraq is a federal and this is approved by the 2005 constitution, although there are guidelines to determine the right to exploit natural resources, they remain incapable of applying to the deficiencies of various state institutions by establishing appropriate legal legislation on the subject of how to manage this right between the federal government (the center) and the regions, and to find mechanisms for the distribution of natural resources, especially after exposure Iraq crises, wars and security instability after the emergence of the terrorist organization crisis.