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https://ptsldigital.ukm.my/jspui/handle/123456789/463971
Title: | The role of Iraq federal supreme court in resolving disputes between Iraq federal government and the government of Kurdistan region |
Authors: | Hawar Mohammed Khalid (P90217) |
Supervisor: | Faridah Jalil, Professor Dr. |
Keywords: | Justice Administration of -- Iraq Universiti Kebangsaan Malaysia -- Dissertations Dissertations, Academic -- Malaysia |
Issue Date: | 4-Oct-2019 |
Description: | The ambiguity of the provisions in the 2005 Constitution of Iraq concerning the Federal-Regional distribution of powers has led to constant conflicts between the Iraqi Federal Government (IFG) and the Government of the Kurdistan Region (KRG). The obscurity of the constitutional provisions has contributed to violations and non-implementation of the provisions. In several cases, both the IFG and the KRG have misinterpreted the scope and limit of their powers; therefore, an independent body is required to settle the disputes. Since the inception of the federation in Iraq, many issues have remained unresolved between the IFG and the KRG despite the existence of the Federal Supreme Court of Iraq (FSC). The focus of this dissertation looks at how the FSC plays its role in resolving the ongoing issues between the IFG and the KRG, principally on matters related to oil revenues, implementation of Article 140 and the Peshmerga. The role of the FSC in settling such conflicts has not been tested since political agreements have been used to resolve arising conflicts transitorily. Thus, this study looks into the obstacles faced by the FSC in resolving Federal-Regional disputes. This thesis explains why governments, particularly the KRG, does not desire to file lawsuits before the FSC. This thesis adopts qualitative methods and relies on the primary and secondary sources associated with the FSC, mainly the 2005 Constitution of Iraq. This thesis found that the IFG needs to implement its responsibility under Article 140 of the 2005 Constitution and equip the FSC with appropriate laws to enable the FSC to exercise its duties effectively.,Sarjana Undang-Undang |
Pages: | 133 |
Call Number: | C1.HAW 2019 2 tesis |
Publisher: | UKM, Bangi |
Appears in Collections: | Faculty of Law / Fakulti Undang-undang |
Files in This Item:
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ukmvital_119765+Source01+Source01.1.PDF Restricted Access | 879.47 kB | Adobe PDF | View/Open | |
ukmvital_119765+Source01+Source010.PDF Restricted Access | 1.56 MB | Adobe PDF | View/Open |
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