Legal Regulatory Framework for the Sustainable Development of Iraqi Oil and Gas - Dissertation Example

?Legal Regulatory Framework for the Sustainable Development of Iraqi oil and Gas: A Study in Particular Reference to the Kurdistan Region Chapter One: Introductory Chapter This Chapter introduces the thesis statement, background of the study, existing literature review, objectives and the scope, importance and justification, research questions, and additionally describes the methodology that will be used, general structure of the research and finally the contribution made to the field of knowledge. Chapter Two: Sustainability in Context of Oil and Gas Development This chapter will explore how sustainability is defined and implemented in the oil and gas sector by looking at examples from around the world1. The primary objective of this chapter is to see how other nations are introducing sustainability into their oil and gas sector equations2. Sustainable development examples will be sourced ranging from the Middle East and South America to Central Asia3. Additionally, sustainability will be explored as a definitive tool in policy making and implementation through legal arrangements such as those provided under the New Delhi Principles. This chapter will provide for various legal roadmaps that rely on legislation, legal institutions and other legal means to sponsor sustainable development such as the work by International Law Association’s (ILA) Committee on the Legal Aspects of Sustainable Development. The major sustainable development aims under the New Delhi proposals will be explored such as economically, socially and environmentally friendly laws; promotion of equity and eradication of poverty; management of risk to human health and ecological systems; public participation and access to information and good governance. Moreover, it will be analysed how sustainable development can be implemented in Iraq’s case to encourage social rights, human rights, environmental aspects etc. when developing oil and gas resources. Chapter Three: International Legal Aspects of Iraq’s Sustainable Development This chapter will look into various forms of legal regulations under international law that bind Iraq. The different forms of legal agreements such as bilateral investment treaties (BITs), regional investment treaties, multilateral investment treaties, international oil and gas contracts that Iraq has entered into will be analysed in detail to bring out the aspects of sustainability in the oil and gas sector. The major treaties executed by Iraq with major international actors such as the United States, the European Union, the Middle Eastern nations etc. will be scrutinised in an effort to examine how these legal elements accommodate for sustainability in Iraq’s oil and gas development4. The applicability of such aspects will be explored in detail especially with the perspective of creating a sustainable framework with particular reference to Kurdistan. In addition, the concept of sustainability will be deconstructed on various planes such that sustainability in the international context and sustainability in the Iraqi context along with their retroactive effects on each other will be brought forth. The complex interactions between Iraqi concepts of sustainability and its international counterparts will be investigated to envisage the evolution of sustainability as it applies to the Iraqi scenario. Chapter Four: The Constitutional Divide – Federation versus Kurdistan This chapter will investigate Iraq’s constitution and domestic laws in order to see how oil and gas development has been made a regional prerogative5. Materials will be sourced from various federal and regional Iraqi agencies responsible for overseeing oil and gas development. Major emphasis will be placed on Federal Oil and Gas Law (FOGL) along with legal aspects of documents produced by The Federal Ministry of Oil (MoO), The Ministry of Natural Resources of the Kurdistan Regional Government (KRG) and other allied governance agencies. In addition to documented materials, the legal institutions in Iraq particularly those in KRG will be examined to discover their role in sustainable development in the oil and gas sector. Moreover, the role of the New Delhi principles will be explored in depth in fashioning Iraq’s domestic laws for sustainable development in the oil and gas sector. The issues that drive Kurdistan and the Iraqi federation apart will be explored along with factors that could serve as bridges in stabilising the volatile relationship. The application of New Delhi Principles to create a legally sustainable relationship will also be looked into detail. This study will differ from other studies in that it will examine the viability of sustainable development given Kurdistan’s divide from the Iraqi federation. The future implications of such contestations will be explored at length including their effects on the oil and gas industry, on Iraq’s international commitments and on economic advantages amongst other issues. Chapter Five: Catalysts and Inhibitors to Sustainable Development in Iraq This chapter will list out various kinds of legal obstacles at local, regional, national and international levels that catalyse or inhibit the sustainability of Iraq’s oil and gas sector development. In addition, this chapter will explore how different legal domains interact to either augment or discourage the sustainable development of the oil and gas sector. The New Delhi proposals and their overall character in encouraging or discouraging sustainable development in Iraq will be investigated in detail. The various dimensions of the Kurdistan and Iraqi federation relationship vis a vis oil and gas exploitation arrangements will be explored in order to solicit factors for a legally sustainable framework. Options presented for Iraq’s sustainable development in the oil and gas sector, whether with legal aspects6 or not7 will be explored to bring out the legal character of such options in the wider context of Iraq8. Chapter Six: Applying Legal Solutions to the Kurdish Sustainable Oil and Gas Development Dilemma This chapter will develop solutions for Kurdistan’s legal dilemma with a sustainable oil and gas development framework. Solutions will be derived from answers in the previous chapters as well as from independent application of thought. The basic contention behind this chapter will be to create legal solutions that are both practicable and acceptable to the various factions in Iraq especially the Kurdish faction. This chapter will create a future looking arrangement that favours a sustainable solution that can keep the Iraqi federation and Kurdistan together with the application of legal ideas such as those presented in the New Delhi Principles. Various legal frameworks have been presented before for Iraq’s sustainable development but this study differs in that it will provide a legal framework with the ultimate aim of creating a cohesive balance between incorporation of environmentally sound and ecologically safe policies while meeting Iraq’s energy and efficiency targets. Moreover, the legal frameworks proposed in this chapter will be derived from international examples rather than being a reiteration of Iraq’s existing legal frameworks. The contention would be to arrive at an effective national framework where international legislative requirements and environmental sustainable development of Iraq’s oil and gas go hand in hand. Chapter Seven: Recommendations and Conclusion This chapter will provide various recommendations to move in the direction of a legal framework to support sustainable oil and gas development in Iraq with particular emphasis on the Kurdistan region. The contention would be to create recommendations that prompt and aid policy reviews in Iraq to allow sustainability to emerge in Iraq’s and Kurdistan’s contention on oil and gas development. The emphasis of such ideas will remain fixed at legal regulatory frameworks rather than on other legal solutions. Ideas presented in this chapter will not be designed to be absolute solutions but rather as markers in the right direction. In addition, this chapter will serve as the conclusion to the research. References Ahmed M Jiyad, ‘Key questions over the Oil and Gas Law in Iraq’ International Journal of Contemporary Iraqi Studies 2(1) [2008] 7-30 Colin J Campbell and Alexander Wostmann, Campbell’s Atlas of Oil and Gas Depletion (2nd, Springer 2013) Greg Muttitt, ‘Nationalizing risk, privatizing reward: The prospects for oil production contracts in Iraq’ International Journal of Contemporary Iraqi Studies 1(2) [2007] 143-172 John R Moroney, Energy and Sustainable Development in Mexico (Texas A&M University Press 2008) Ronald A Harris, Bilal Haciogullari, Alaa Shams and Sinan A Abood, ‘LINES IN THE SAND: Sustainable Development in Iraq’ Twenty-Seventh Annual ESRI International User Conference (San Diego 2007) Special Report Prepared by Strategic Media,The Kurdistan Region: A Bright Future in the Other Iraq, 8 < http://www.foreignaffairs.com/files/attachments/kurdistan.pdf >accessed 30 December 2011 Tom Rosendahl and Vidar Hepso, Integrated Operations in the Oil and Gas Industry: Sustainability and Capability Development (1st, IGI Global 2012) Read More