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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

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    Options are limited... Political calculations freeze the cancellation of the Khor Abdullah agreement

    Rocky
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    Options are limited... Political calculations freeze the cancellation of the Khor Abdullah agreement Empty Options are limited... Political calculations freeze the cancellation of the Khor Abdullah agreement

    Post by Rocky Fri 12 Apr 2024, 4:49 am

    Options are limited... Political calculations freeze the cancellation of the Khor Abdullah agreement with Kuwait
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    Baghdad today - follow-up
    Iraqi officials in the capital, Baghdad, revealed that the government of Muhammad Shiaa al-Sudani needed additional time to file the case of the Federal Supreme Court in Baghdad’s cancellation of the Khor Abdullah agreement with Kuwait, which regulates maritime navigation in the waters of the Arabian Gulf between the two countries.
     Khor Abdullah is a narrow waterway that separates Iraq and Kuwait, and it constitutes one of the most prominent files related to the issue of demarcating land and water borders between the two countries. It is located in the north of the Arabian Gulf, between the Kuwaiti islands of Warba and Bubiyan and the Iraqi Al-Faw Peninsula, and extends into Iraqi territory, forming Khor Al-Zubair, which is located It contains the Iraqi port of Umm Qasr.
     The Khor Abdullah Agreement, which was overturned by the Federal Supreme Court in Iraq, is based on Resolution No. 833 issued by the UN Security Council in 1993, regarding the demarcation of the borders between Kuwait and Iraq, including the demarcation of the water borders between the two countries, including the Khor Abdullah Canal. 
    However, the demarcation decision regarding the Khor Abdullah Corridor area, which Iraq considers its most important maritime front on the Arabian Gulf, was rejected by Iraq as it causes harm and deprivation of its historical right and its sea view of the navigation channel, especially its access to the waters of the Arabian Gulf, and Baghdad continued to refuse to implement it. the decision.
    However, during the government of Nouri al-Maliki in 2013, Iraq and Kuwait agreed to implement a number of agreements related to border demarcation, including regulating navigation in Khor Abdullah. The agreement stipulated that the navigation channel (Khor Abdullah) be shared equally between the two countries.
     About 10 years later, on September 4, 2023, the Federal Supreme Court in Iraq issued a decision to invalidate Parliament’s vote on the agreement. 
    The court based its ruling on the unconstitutionality of Parliament’s vote on the agreement because it did not obtain a two-thirds majority of the members of the House of Representatives, as stipulated in Article 61 of the Constitution, which was considered an Iraqi withdrawal from the agreement, describing the Federal Court’s ruling as final, unappealable, and binding on the government and other authorities.
    Maritime experts in Basra, Iraq, in the far south of the country, overlooking the waters of the Arabian Gulf, say that the agreement means another strangulation for Iraq, as ships and ships coming to Basra or leaving through Mubarak Port in the Iraqi Al-Faw Peninsula will have to take into account the load and freight due to the lack of transportation. Water depth in the Iraqi part.
     The Iraqi expert, Ali Al-Basri, said in a press statement that “the agreement harmed Iraq,” but he pointed out that the Federal Court’s decision was based on the mechanism for voting on the agreement within Parliament, and not on the texts of the agreement.
    Iraqi-Kuwaiti discussions 
    The Iraqi Prime Minister’s Advisor for Political Affairs, Sobhan Mulla Jiyad, revealed that there are “discussions between the Iraqi and Kuwaiti sides regarding the Khor Abdullah Agreement,” stressing that “the issue is not difficult to address, but it has a legal and constitutional problem and the decision of the Federal Court is correct.” 
    Jiyad stated that “the Iraqi government has two options, either to return this agreement to the House of Representatives for the purpose of voting on it again, or to agree with Kuwait to amend some parts of this agreement,” stressing that “dialogues are continuing regarding this, but resolving this matter requires time.” Long, calculated in months, for the purpose of agreeing on it.”
    Mullah Jiyad added, “There is an intention to send the Khor Abdullah agreement again from the government to Parliament for the purpose of ratifying it, but we believe that if it is sent without amendments to it, there will be difficulty in voting on it by two-thirds of the members of the House of Representatives, and for this reason the dialogues are continuing between Iraq and Kuwait.
     He considered that "it takes months to resolve this controversial issue, and the government does not want to send the agreement now so that a vote on it will not be rejected. That is why it wants to negotiate with Kuwait and discuss the possibility of making some amendments to it, especially with regard to the Durra field and many others."
    For his part, the head of the Parliamentary Rights Bloc, Saud Al-Saadi, who filed the lawsuit to cancel the agreement before the Federal Court, said, “The Federal Court’s decision to unconstitutionalize the Khor Abdullah agreement with Kuwait is final and binding on everyone, but there are internal political wills as well as external international wills that do not want to restore Iraq has established rights to its waters and land in Khor Abdullah.
    Al-Saadi accused the Iraqi Foreign Ministry of “procrastination,” adding: “We previously demanded that the Federal Court’s decision be deposited with the United Nations, just as the signature of the agreement was previously deposited with it (the United Nations), but the Ministry justified its failure to do so by the necessity of the existence of a political agreement or the possibility of concluding a contract.” A second agreement with Kuwait, according to jurisprudence that is legally unjustified and in a position that contradicts the Constitution and the decision of the Federal Court.”
    The head of the Rights Bloc revealed, “Because of this procrastination and procrastination in implementing the decision of the Special Federal Court to cancel the Khor Abdullah Agreement, an official complaint was filed against Foreign Minister Fouad Hussein before the Public Prosecution due to failure to implement this decision, which is binding and binding on all Iraqi authorities.” 
    He added, "It is impossible for Parliament to vote again on the Khor Abdullah Agreement, with its current provisions or even after making any amendments to it. This agreement did not regulate navigation in the Iraqi Khor Abdullah, but rather divided the Iraqi maritime borders, violated Iraqi sovereignty, and gave Kuwait the right to control." "It is the only sea access to Iraq that contains the main ports." 
    He stressed that there was "a general atmosphere of refusal in Parliament to sign this agreement, and that is why it was not presented to Parliament, especially during the current parliamentary session."
    Al-Saadi concluded by saying, “It is not possible to begin any dialogue with Kuwait regarding the Khor Abdullah Agreement, except after the Federal Court’s decision to cancel this agreement is deposited in the United Nations, and after that there will be a dialogue to reach an understanding about a new formula for this agreement, and then it will be presented to Parliament for the purpose of voting.” on her".
    Kuwaiti objection
    On September 18, Kuwaiti Foreign Minister (then) Sheikh Salem Abdullah Al-Jaber Al-Sabah provided a briefing to the foreign ministers of the Gulf Cooperation Council countries, during a meeting that took place on the sidelines of the United Nations General Assembly in New York. The meeting discussed the merits of the ruling issued by the Federal Supreme Court in Iraq regarding the agreement concluded between Kuwait and Iraq to regulate maritime navigation in Khor Abdullah.
     A statement by the Kuwaiti Foreign Ministry at the time explained that the Gulf meeting ended with a joint statement in which the foreign ministers of the GCC countries called on Iraq to take serious and urgent steps to address the negative effects of these developments, and the inaccurate historical merits included in the ruling, as the statement described. 
    In the same month, Kuwait also handed over a protest note to the Iraqi ambassador to it, Manhal Al-Safi, against the backdrop of the Iraqi Federal Supreme Court’s ruling on Khor Abdullah.
    On the other hand, political affairs researcher Muhammad Ali Al-Hakim said, “The Federal Court’s decision to cancel the Khor Abdullah Agreement caused major problems and embarrassments for the Sudanese and his government, and there was international intervention to prevent Iraq from canceling this agreement in a real and practical manner, and therefore the judicial decision was not implemented.” The agreement remains in effect as it is without any change.”
    Al-Hakim stated that “Iraq’s failure to adhere to international agreements like this has major and dangerous repercussions on Iraq’s foreign relations, and therefore the government fears implementing the Federal Court’s decision because of its repercussions on its relations, and is working with Kuwait to find solutions to this issue, before implementing the court’s decision.” Although it is binding on her.”
     He added, "There are Iraqi parties who also put pressure on Sudanese and his government not to implement the Federal Court's decision regarding the cancellation of the Khor Abdullah Agreement. Therefore, the government did not implement the decision, and is still searching for a way out of this problem, especially since the international community is carefully monitoring Iraq's steps." Regarding compliance with international agreements.
    Source: Al-Arabi Al-Jadeed
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