• The first steps
• Revolution and cigarettes
• A deliberate accident
• The warning
• The confession
• The wrestling bear
• Death penalty X
• The cage man
• A matter of honor
• Breaking the law
• The dawn of Saddam
• The judge's daughter
• The road to justice
• The bribe
• All is fair in love and war
• The Iranian war
• The lion's den
• The lesser of two evils
• The devil's advocate
• Luck
• The Gulf War
• Return to Baghdad
• The ghost of 9/11
• The interrogation of Saddam Hussein
• The trial of the century
• Justice.

Constitutional history; Arab countries; politics and government; 21st century.

• Introduction : the paradoxical success of the Iraq Constitution
• Original bargains and their limitations
• Iraqi divisions
• The capacious framework text
• Identitarian agreement in the bargain
• Post-ratification consensual construction : the federalism question
• Post-ratification consensual construction beyond federalism
• Conclusion : broader lessons.

In 2005, Iraq drafted its first constitution and held the country's first democratic election in more than fifty years. Even under ideal conditions, drafting a constitution can be a prolonged process marked by contentious debate, and conditions in Iraq are far from ideal: the country has long been racked by ethnic and sectarian conflict, which intensified following the American invasion and continues today. This severe division, which often erupted into violence, would not seem to bode well for the fate of democracy. So how is it that Iraq was able to surmount its sectarianism to draft a constitution that speaks to the conflicting and largely incompatible ideological view of the Sunnis, Shi'ah, and Kurds? Haider Ala Hamoudi served in 2009 as an adviser to Iraq's Constitutional Review Committee, and he argues here that the terms of the Iraqi Constitution are sufficiently capacious to be interpreted in a variety of ways, allowing it to appeal to the country's three main sects despite their deep disagreements. While some say that this ambiguity avoids the challenging compromises that ultimately must be made if the state is to survive, Hamoudi maintains that to force these compromises on issues of central importance to ethnic and sectarian identity would almost certainly result in the imposition of one group's views on the others. Drawing on the original negotiating documents, he shows that this feature of the Constitution was not an act of evasion, as is sometimes thought, but a mark of its drafters' awareness in recognizing the need to permit the groups the time necessary to develop their own methods of working with one another over time.
(source: Nielsen Book Data) 9780226315348 20160612

• Introduction: The paradoxical success of the Iraq Constitution
• Original bargains and their limitations
• Iraqi divisions
• The capacious framework text
• Identitarian agreement in the bargain
• Post-ratification consensual construction : the federalism question
• Post-ratification consensual construction beyond federalism
• Conclusion: Broader lessons.

In 2005, Iraq drafted its first constitution and held the country's first democratic election in more than fifty years. Even under ideal conditions, drafting a constitution can be a prolonged process marked by contentious debate, and conditions in Iraq are far from ideal: the country has long been racked by ethnic and sectarian conflict, which intensified following the American invasion and continues today. This severe division, which often erupted into violence, would not seem to bode well for the fate of democracy. So how is it that Iraq was able to surmount its sectarianism to draft a constitution that speaks to the conflicting and largely incompatible ideological view of the Sunnis, Shi'ah, and Kurds? Haider Ala Hamoudi served in 2009 as an adviser to Iraq's Constitutional Review Committee, and he argues here that the terms of the Iraqi Constitution are sufficiently capacious to be interpreted in a variety of ways, allowing it to appeal to the country's three main sects despite their deep disagreements. While some say that this ambiguity avoids the challenging compromises that ultimately must be made if the state is to survive, Hamoudi maintains that to force these compromises on issues of central importance to ethnic and sectarian identity would almost certainly result in the imposition of one group's views on the others. Drawing on the original negotiating documents, he shows that this feature of the Constitution was not an act of evasion, as is sometimes thought, but a mark of its drafters' awareness in recognizing the need to permit the groups the time necessary to develop their own methods of working with one another over time.
(source: Nielsen Book Data) 9780226315348 20160612

• Summary
• Recommendations.
• I. Violations of fundamental due process standards
• II. Violations of the right to freedom of expression
• III. Violations of the right to freedom of association
• Acknowledgements.

Iraq's parliament is in the process of enacting an "Information Crimes Law" to regulate the use of information networks, computers, and other electronic devices and systems. The draft law includes vague provisions that would allow Iraqi authorities to deter legitimate criticisms of or peaceful challenges to governmental or religious officials or policies. As such, the law is part of a broad effort by authorities to suppress peaceful dissent by criminalizing legitimate information sharing and networking activities.

• I. Constitution
• II. Penal Code No.
• 111 of
• 1969
• a. Public Prosecution Law No.
• 159 of
• 1979 as amended to
• 14 March
• 2010
• III. Civil Code
• a. Civil Actions Law No.
• 83
• b. Law 107-Amendment to Civil Actions Law No.
• 83
• IV. Personal Status Law No.
• 188 of
• 1959
• V. Law of Commerce No.
• 30 of
• 1984
• a. Regulation of Trade Law No.
• 20 of
• 1970
• b. Labor Code No.
• 71 of
• 1987 unamended
• c. Tourism Law No.
• 14 of
• 1996
• VI. Electoral Law No.
• 16 of
• 2005
• a. Electoral Law No.
• 26 of 2009-Amendment to Electoral Law No.
• 16 of
• 2005
• b. Law of the Independent High Electoral Commission
• c. Elections Law
• 36 of 2008-Provincial, District, and Sub-district Councils
• i. Kurdistan National Assembly Elections Law 1-With Amendments Through
• 2009
• ii. Elections Law 21-Provinces Not Incorporated in a Region (17 Elections Law 21-Provinces Not Incorporated in a Region.pdf)
• VII. Law No.
• 13 of 2008-Formation of Regions
• VIII. Federal Budget Law No.
• 1 of
• 2006
• IX. Judicial Organization Law No.
• 160 of
• 1979
• a. Coalition Provisional Authority Order No. 35-Re-Establishment of the Council of Judges
• b. Coalition Provisional Authority Memo No. 12-Administration of Independent Judiciary
• c. Coalition Provisional Authority Order No. 100-Tansition of Laws, Regulations, Orders, and Directives Issued by the Coalition Provisional Authority
• X. Law No.
• 10 of 2005-The Supreme Iraqi Criminal Tribunal
• XI. Law No.
• 10 of 2008-Supreme National Commission of Accountability and Justice
• XII. State Shura Council Law No.
• 65 of
• 1979
• XIII. National Safety Law No.
• 1 of
• 2004
• XIV. Municipality Law of
• 1964
• XV. U.N. Security Council Resolution
• 1483
• a. U.N. Security Council Resolution
• 1500
• b. U.N. Security Council Resolution
• 1546
• c. U.N. Security Council Resolution
• 1637
• d. U.N. Security Council Resolution1770
• e. U.N. Security Council Resolution1790
• f. U.N. Security Council Resolution 2001.
• (source: Nielsen Book Data)

Law in Iraq: A Document Companion provides the full English translation of Iraq's most important laws and regulations. These two volumes constitute the first collection of English-language primary materials published since the current Iraqi constitution was ratified in 2005. Supplemented with a subject index and a table of authorities for ease of use, this collection is an essential resource for anyone conducting research into Iraq's governmental structure, regulation of commerce, and legal procedures. Specifically, the set includes clear English versions of laws regulating elections, the judiciary, and regional assemblies. Scholars and students interested in Iraq's role on the international stage will find here carefully selected U.N. documents connected to Iraq's transition out of the Ba'ath regime during the U.S. military intervention. The set also provides the legal background for current Iraqi laws by presenting several key laws that preceded that transition, some of which are still in effect. The broader Law in Iraq series comprehensively presents the key documents of Iraq's laws (particularly as covered the Series' first two volumes) while also explaining their development and meaning (in the later ones). The volumes in the Series cover Iraqi legal history and the country's federalist system as well as its Constitution and rules of civil and criminal procedure. The series also summarizes and analyzes Iraq's judicial, administrative, commercial, anti-corruption, and domestic security law. In light of the circumstances under which the current Iraqi regime was created, the series will also address the important relationship between international law and Iraq's own. Any researcher using the Law in Iraq Series will gain a thorough understanding of Iraqi law and policy and of how that law and policy have been shaped by previous and current Iraqi courts, legislative bodies, and executive agencies. The series also shows, through expert commentary, how the international legal community helped make Iraqi law what it is today. The series as a whole will stand as the definitive resource for scholarship and legal practice related to present-day Iraqi law.
(source: Nielsen Book Data) 9780199929122 20160607

• Background regarding the question of Iraq's Kurdish territories
• Oil and gas deposit location and extant contracts with international oil companies (IOCs)
• Articles 110-112, and 114-115 of Iraq's Constitution (2005) : the respective powers of the central versus the Kurdish government when it comes to oil and gas
• Articles 25(E), 26(B), and 54(A) and (B) of the Transitional Administrative Law (TAL)
• The matter of disputed territories : Articles 53 and 38 of the TAL, and Articles 140 and 143 of the Iraq Constitution (2005)
• The Kurdish Constitution and provisions of the Oil and Gas Law (no. 22) of the Kurdistan region of Iraq
• Article 23 of the 2008 Provincial Elections Law and relevant articles of the proposed Federal Oil and Gas Law
• Language of both the KRG's model PSC and its existing public PSCs
• Current efforts on the disputed territories, their shortcomings, and relation to federalism
• Epilogue: Largely of bottom-up development in international law.

This book examines the historical and contextual background to the oil and gas resources in the Kurdish territories, placing particular emphasis on the reserves situated in the disputed provinces. The volume is singularly unique in focusing on an examination of the rules reflected in both the national and the regional constitutional, legislative, and contractual measures and documents relevant to the question of whether the central government in Baghdad or the Kurdish Regional Government (KRG) in Erbil has a stronger claim to legal control over the oil and gas resources in the disputed Kurdish territories. As a subsidiary focus, the author also draws attention to how the basic thrust of the volume connects to broader jurisprudential issues regarding the nature and purpose of law, the matter of claims by native peoples to natural resources on traditional lands, and the place of regional minorities operating in a federal system. Since the law examined is domestic or municipal in origin, additional reference is made to the role that such law can play in the "bottom up" (as opposed to more conventional "top down") development of international law. The book's opening chapters provide a valuable contextual introduction, followed by a number of substantive chapters providing an analytical and critical assessment of the controlling legal rules. Written in a scholarly, yet accessible style, and covering matters of basic importance to academics, lawyers, political scientists, government representatives, and students of energy and natural resources, as well as those of developing legal structures, Oil and Gas in the Disputed Kurdish Territories is an essential addition to any collection.
(source: Nielsen Book Data) 9780415505291 20160608