The Federal Court issues a statement regarding the unconstitutionality of the law ratifying the Khor

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[size=52]The Federal Court issues a statement regarding the unconstitutionality of the law ratifying the “Khor Abdullah” agreement[/size]

[size=45]The Federal Supreme Court (the highest judicial authority in Iraq) confirmed that it based its ruling on the unconstitutionality of the law ratifying the agreement regulating navigation in Khor Abdullah on the provisions of Article (61/Fourth) of the Permanent Constitution of the Republic of Iraq.[/size]
[size=45]The Federal Court said in a statement today that the Federal Supreme Court based its ruling on the unconstitutionality of Law No. (42) of 2013, the law ratifying the agreement between the government of the Republic of Iraq and the government of the State of Kuwait regarding the regulation of navigation in Khor Abdullah, on the provisions of Article (61/Fourth) of the Constitution. Republic of Iraq for the year 2005, as it is not possible to implement a legal text that contradicts the Constitution despite the validity of that text because its implementation mechanisms have been disrupted.[/size]
[size=45]The statement explained that the (defunct) Revolutionary Command Council, which is responsible for ratifying international treaties and agreements in accordance with Law No. (111) of 1979, the Treaty Contracting Law, which was in effect at the time of enactment of the law to ratify the aforementioned agreement, no longer exists, and the type of government system, its institutions, and the powers of those institutions. The mechanism for exercising these powers changed completely, and all of this became established in accordance with the Constitution of the Republic of Iraq.[/size]
[size=45]The Federal Court affirmed in its statement that it is not permissible to suspend the provisions of the Constitution in exchange for local legislation that contradicts it and is effective before the enactment of the Constitution. Rather, local legislation becomes in violation of the Constitution and other legislation resulting from it is subject to being ruled unconstitutional whenever it is challenged.[/size]
[size=45]At the beginning of this September, the Federal Supreme Court ruled that the law ratifying the maritime navigation agreement in Khor Abdullah with Kuwait was unconstitutional.[/size]
[size=45]The Federal Supreme Court media said, in a statement, that the court decided to rule that the law ratifying the agreement between the government of the Republic of Iraq and the government of the State of Kuwait regarding the regulation of maritime navigation in Khor Abdullah No. (42) of 2013 was unconstitutional.[/size]
[size=45]He added, “The court issued its decision in violation of the provisions of Article (61/Fourth) of the Constitution of the Republic of Iraq, which stipulates, ‘The process of ratifying international treaties and agreements is regulated by a law enacted by a two-thirds majority of the members of the House of Representatives.’”[/size]
[size=45]The agreement to regulate maritime navigation in Khor Abdullah is an international border agreement between Iraq and Kuwait, ratified in Baghdad on November 25, 2013 in implementation of Resolution No. 833 issued by the Security Council in 1993 after several decisions that followed the Iraqi invasion of Kuwait in 1990, and in completion of the procedures Demarcating the borders between the two countries, and setting an accurate definition of their coordinates on the basis of the agreement concluded between the two countries after the independence of Kuwait in 1961.[/size]
[size=45]This agreement led to the division of Khor Abdullah between the two countries, which is located in the far north of the Arabian Gulf between the Iraqi Al-Faw Peninsula and both the Kuwaiti islands of Boubyan and Warba, where the navigational corridor located at the meeting point of the navigational canal in Khor Abdullah with the international border was divided between the maritime border point No. 156 and No. 157 heading south to point 162 and then to the beginning of the entrance to the navigation channel at the entrance to Khor Abdullah. It also led to the establishment of new ports.[/size]
[size=45]This agreement sparked great controversy in Iraq, as a group of Iraqi politicians saw that the then Iraqi Prime Minister Nouri al-Maliki and the Iraqi Parliament had ceded part of Khor Abdullah, which is the only shipping lane leading to most Iraqi ports, and that the division came by dividing, not based on Taluk line, i.e. the deepest passage in which maritime navigation is permitted.[/size]
[size=45]While the other team defended the agreement as a continuation of the demarcation of borders based on an international resolution, which in reality led to the establishment of Mubarak Al-Kabeer Port on the western shore of Khor Abdullah on the Kuwaiti island of Boubyan, which is supposed to be connected by railway with Iraq in the future, as it will be one of the... The largest port in the Gulf by its capacity.[/size]
[size=45]It is noteworthy that the Kuwaiti Mubarak Port project itself has also sparked controversy, due to the Kuwaiti government choosing its location on the western bank of Khor Abdullah on Bubiyan Island, the shipping lane leading to Iraqi ports, as voices appeared in Iraq calling for the transfer of this port to the southern shore of the island overlooking Gulf, instead of the current location, to avoid any future ship congestion in this shipping lane after the four construction phases of the project are completed.[/size]
[size=45]The Kuwaiti government denied its seizure of any Iraqi lands because of this agreement, and stressed that Kuwait is committed to its maritime borders with Iraq.[/size]
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