Claims against Iraqi oil and gas : legal considerations and lessons learned / Rex J. Zedalis.
2010
KMJ3532 .Z43 2010 (Map It)
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Items
Details
Author
Title
Claims against Iraqi oil and gas : legal considerations and lessons learned / Rex J. Zedalis.
Published
New York : Cambridge University Press, 2010.
Call Number
KMJ3532 .Z43 2010
Former Call Number
Iraq 974 Z12 2010
ISBN
9780521193504 (hardback)
0521193508 (hardback)
0521193508 (hardback)
Description
xxiii, 251 pages ; 24 cm
System Control No.
(OCoLC)482619920
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Preface
xi
PART ONE
1.
A Precis of Iraq's Debts
3
I.
Introduction
3
II.
UNCC Debts: Resolved and Half Paid
7
III.
Contractual Debt from Borrowing and Commercial Purchasing Activity
9
IV.
Commercial Debt from Pending Goods and Services Contracts
13
V.
Conclusion
15
2.
The Legal Theory of "Odious Debt"
22
I.
Introduction
22
II.
Essentials of the Odious Debt Theory
24
III.
Earlier Applications of the Theory
28
IV.
Basic Rules of State Succession and Preexisting Debt: Restatement
32
V.
Basic Rules of State Succession and Preexisting Debt: 1983 Convention
36
VI.
Has a Customary Rule Developed That Is Consistent with What Advocates of Debt Relief Actually Want?
40
VII.
Conclusion
44
PART TWO
3.
The Development and Background of Security Council Resolutions 1859 and 1905
47
I.
Introduction
47
II.
Resolution 986: Post-First Gulf War Resolution
50
III.
Resolution 1483: Post-Second Gulf War Complete Lifting of Embargo
53
IV.
Resolution 1546: Removal of Insulation on Post-Transfer of Sovereignty Contracts
58
V.
Resolutions 1790 (2007) and 1859 (2008): Extensions
63
VI.
Conclusion: Resolution 1905
68
4.
The Development and Background of the Iraqi Measures Permitting Departure from Earlier Oil and Gas Contractual Commitments
71
I.
Introduction
71
II.
Article 141 of the Iraqi Constitution
73
III.
Article 54 of the KRG Oil and Gas Law (No. 22)
77
IV.
Reconciling Article 141 of the Constitution with Article 54 of the KRG Oil and Gas Law (No. 22)
81
V.
Conclusion
86
PART THREE
5.
The Concepts of "Finality," "Related to," and Assorted Matters: Article 141 of the Iraqi Constitution
94
I.
Introduction
94
II.
The Significance of the Concept of "Final[ity]"
99
III.
The Meaning of "Related to" as Used in Article 54
102
IV.
Subcontracts and Other Third-Party Arrangements
107
V.
Conclusion
112
6.
Old Oil and Gas Contracts and Those of More Recent Vintage: Iraqi Constitutional Protections of Contract Rights and Their Significance on Legal Claims
116
I.
Introduction
116
II.
Oil and Gas Contractual Arrangements of the KRG Concluded before or after 1992
118
III.
Constitutiona Limitations on KRG Article 141 Powers: Article 23, Second, of the Iraqi Constitution and Expropriations
124
IV.
Constitutional Limitations Inherent in Articles 15, 23, First, and 26
130
V.
Conclusion
134
7.
Oil and Gas Assets Affected by the Prosecution of Legal Claims Aimed at Recovering on Debts Owed by Iraq
140
I.
Introduction
140
II.
Relevant Security Council Resolutions and Oil and Gas Lifted from Iraqi Fields
142
III.
Revenues from Sales of Iraqi Oil and Gas
147
IV.
Where Paragraph 27 Of Resolution 1546 Fits into the Mix of Security Council Resolution 1546 Fits into the Mix of Security Council Resolutions Providing Protection to Iraqi Oil and Gas Assets
153
V.
Actual Iraqi Oil and Gas Properties, and Legal Interests in or Shares of Shares of Such Properties or Oil and Gas and Revenues from Sales
158
VI.
Nature of the Legal Action Brought and Against Whom Maintained
162
VII.
How the Preceding Interfaces with Illustrative Judicial Decisions Involving Actions to Recover on Debts Owed by Foreign Governments or Their Instrumentalities
166
VIII.
Conclusion
173
8.
Issues Associated with Prosecuting a Claim in the United States with a Glimpse at Other Jurisdictions: The Impact of National Law
177
I.
Introduction
177
II.
Developmental Background of U.S. Protective Measures: Executive Orders 13303 and 13364
178
III.
Principal Differences from Security Council Resolutions 1483 and 1546
181
IV.
Protection Applied to Diverse Interests in Iraqi Oil and Gas
186
V.
Connections of Nationality
189
VI.
A Glimpse at Analogous Measures in Other Jurisdictions
193
VII.
Conclusion
197
9.
Recognition and Enforcement of Determinative Actions Affecting Iraqi Oil and Gas Assets
199
I.
Introduction
199
II.
Determination or Decisions in Nonjudicial Proceedings Involving Iraqi Oil and Gas and Placed before Courts in the Nation of the Rendering Jurisdiction
202
III.
Recongnition and Enforcement of Nonjudicial Determinations or Decisions Involving Proceeds and Obligations from Oil and Gas Dispositions
207
IV.
Nonjudicial Determinations or Decisions Placed before Courts of a Foreign Nation-State
215
V.
Conclusion
220
10.
Lessons Learned from the Iraqi Experience Transferable to Other Instances of Debt Owed by Resource-Rich Nations
221
I.
Introduction
221
II.
Claims-Resolution Mechanisms and Debtor-Nation Laws Permitting Contract Alteration and Escape
223
III.
Use of International Instruments to Articulate Standards
228
IV.
Tightening the Standards of National Implementing Measures
231
V.
Conclusion
236
Epilogue
241
Index
245