The Law of Ratification of ‘Khor Abdullah’ Agreement No 42 of 2013 Between Rulings of the Iraqi Constitution and Judgments of the Federal High Court

Abstract

Abstract

The law of ratification of the agreement between the government of the Republic of Iraq and the State of Kuwait regarding regulation of maritime navigation in Khor Abdullah No (42) of 2013 is one of the laws that has sparked widespread controversy at the national and international levels, as well as among researchers in this field. This is due to the federal high court ruled that this law is unconstitutional because it does not meet the formalities required by the current Iraqi constitution, which is a two-thirds majority of the members of the Iraqi Council of Representatives. It is worth indicating that the same court decided in a previous judgment in 2014 that this law is constitutional because it meets the formal requirements of the Iraqi constitution; which raised several questions about the constitutionality of this law, and which of the judgments of the Federal Supreme Court were in accordance with the provisions of the Iraqi constitution and which were not. Therefore, this research paper came to clarify that.