Constitutional Protection of Future Natural Resources under the Iraqi Constitution Of 2005

Аннотация

INTRODUCTION of countries depends to achieve economic well- The constitutions of the countries of the world being and the strength of the state depends on the regulate the sharing of natural wealth and the natural wealth it possesses. Therefore, protection of this wealth at the heart of the constitutions work to provide constitutional constitutional document, as this wealth is among protection for this wealth, whether they exist or the essential foundations on which the population https://www.theamericanjournals.com/index.php/tajpslc 15 THE USA JOURNALS THE AMERICAN JOURNAL OF POLITICAL SCIENCE LAW AND CRIMINOLOGY (ISSN- 2693-0803) VOLUME 06 ISSUE06 may exist in the future. Consequently, we discussed Constitution of 2005 in two branches. The first the constitutional protection of future natural section dealt with the constitutional organization resources under the Iraqi Constitution of 2005 in of the relationship between the federal our research. government and the region's governments and governorates over future natural resources. The This research is vital because the Iraqi Constitution second section was devoted to constitutional stipulates the regulation of natural resources and principles and their role in protecting wealth. focuses on the oil and gas resources, as they are the Future nature, then we ended with a conclusion most prominent among these resources and are that included the most important results and considered a significant source of revenues in the proposals drawn from the research. state’s general budget. How did the Constitution organize the issue of managing natural resources The first requirement and sharing wealth, especially future natural The theoretical constitutional framework for resources? What is the federal government's future natural resources in Iraq authority over these natural resources, and has the Constitution provided constitutional protection for The process of sharing natural resources between them to ensure the state’s sovereignty over them? the federal government and the regions' governments and governorates that were not The problem of the research lies in the fact that the organized into a region took place according to the process of sharing natural resources, especially principles stipulated in the Iraqi Constitution of future ones, was not clearly stated in the 2005. However, it overlooked some critical issues Constitution, as the texts included in the related to the process of sharing and distributing Constitution were marred by ambiguity and these resources, especially future natural contradiction due to the ambiguous wording by the resources, and it dealt with them with some constitutional legislator and the failure to legislate brevity, ambiguity, and lack of clarity in drafting a law for these resources that clarifies the details of the constitutional text by Articles (111, 112, 114, the constitutional texts. Hence, disputes arose and 115). Hence, disputes arise over the sharing of between The federal government and the regions future natural resources between the federal and governorates that are not organized into an government and the governments of the regions area, especially on the issue of future natural and governorates. Therefore, it is necessary to resources. clarify the concept of natural resources, distinguish We have adopted the descriptive analytical constitutional protection from criminal protection approach by analyzing constitutional texts and of natural resources as an introduction to the study, describing legal phenomena in preparation for and lay the foundations on which we rely in this explaining the constitutional protection of these research in the following two sections. texts. The research was divided into two First branch requirements according to a scientific plan that adopted the scientific sequence in studying the Constitutional concept of natural resources research. In the first requirement, two sections Natural resources are one of the foundations on addressed the constitutional framework for future which the population of any country in the world natural resources in Iraq. The first is a statement of depends because of the importance they represent the constitutional concept of natural resources. for the continuation of human life and affect the The second deals with the distinction between standard of living of the population of that country. constitutional protection and criminal protection It is one of the rights guaranteed by the as an entry point with which we pave the way for International Covenant on Economic, Social, and entering into the study. The subject of the study. Cultural Rights, as it represents a guarantee on The second requirement dealt with the federal which the strength of the state depends. This government's authority over future natural wealth provides most of the needs and resources by the provisions of the Iraqi requirements for living, and a decent life is offered https://www.theamericanjournals.c