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Claims against Iraqi Oil and Gas

Claims against Iraqi Oil and Gas

Claims against Iraqi Oil and Gas

Legal Considerations and Lessons Learned
Rex J. Zedalis, University of Tulsa, School of Law
June 2010
Available
Hardback
9780521193504

    This volume presents the first and only comprehensive examination of the legal issues surrounding international debt recovery on claims against Iraqi oil and gas.
    In addition to presenting a snapshot view of Iraq’s outstanding debt obligations and an analysis of the significance of the theory of odious debt in the context of the Iraqi situation, the list of legal issues examined includes relevant provisions of the Iraqi Constitution of 2005, controlling Security Council resolutions, pertinent articles of the KRG oil and gas law (No. 22) of 2007 and the many nuanced and technical questions raised thereby, legal pronouncements aimed at protecting Iraqi oil and gas and those adopted in selected other nations, and general problems associated with recognition and enforcement of awards or judgments that may involve such oil and gas or revenues from the sale thereof. Also discussed are the lessons learned by the handling of the Iraq debt experience and the transferability of those lessons to future situations in which resource-rich nations may have outstanding financial obligations to other members of the world community or their nationals.

    • The first and only comprehensive examination of the specific Security Council resolutions and provisions of Iraqi law providing protection from legal claimants, set against a sketch of relevant general international legal principles
    • Offers a distillation of the facts surrounding the Iraqi debt situation

    Reviews & endorsements

    'Zedalis gives a unique contribution on the legal issues relating to claims against Iraq. The book comprehensively analyses relevant Security Council, international and national laws, providing insight into the core disputes over consistency with the IC and finality of certain provisions.' Faris Nasrallah, Yearbook of Islamic and Middle Eastern Law

    See more reviews

    Product details

    June 2010
    Hardback
    9780521193504
    276 pages
    235 × 160 × 23 mm
    0.56kg
    Available

    Table of Contents

    • 1. A brief prècis on Iraq's debts
    • 2. The legal theory of 'odious debt'
    • 3. The development and background of Security Council Resolution 1859
    • 4. The development and background of the Iraqi measures permitting departure from earlier oil and gas contractual commitments
    • 5. The concepts of 'finality', 'related to', and assorted matters of Article 54 of the KRG's oil and gas law (no. 22), and Article 141 of the Iraqi Constitution
    • 6. Old oil and gas contracts, and those of more recent vintage: Iraqi constitutional protections of contract rights and their significance on legal claims
    • 7. Oil and gas assets affected by the prosecution of legal claims aimed at recovering on debts owed by Iraq
    • 8. Issues associated with prosecuting a claim in the United States, with a brief glimpse at other jurisdictions: the impact of national law
    • 9. Recognition and enforcement of determinative actions affecting Iraqi oil and gas assets
    • 10. Lessons learned from the Iraq experience that are transferable to other instances of debt owed by resource-rich nations.
      Author
    • Rex J. Zedalis , University of Tulsa, School of Law

      Rex J. Zedalis is a member of the faculty at the University of Tulsa, College of Law, where he has received numerous awards for his outstanding teaching, including an award in 2004 for the university's most outstanding professor. He has also been recognized for his extensive publication record in both US and European international law journals. He has served as Director of the Comparative and International Law Center (CILC) at the University of Tulsa and as a Fellow with, and a former Assistant Director of, the College of Law's National Energy Law and Policy Institute. Professor Zedalis has also acted as a consultant to international organizations, foreign governments, and domestic as well as international law firms during his nearly thirty-five-year career. Zedalis is the author of The Legal Dimensions of Oil and Gas in Iraq: Current Reality and Future Prospects.