2013 Iraq's right of maritime navigation under the Khor Abdullah Agreement

international law and Iraqi domestic law concerning the Agreement on the Regulation of Maritime Navigation in Khor Abdullah (2013), following the ruling of the Iraqi Federal Supreme Court finding the agreement unconstitutional. This ruling has generated legal uncertainty regarding Iraq’s international obligations under the agreement and the feasibility of its implementation.

Objectives: The research aims to assess the legal and political implications of the Federal Supreme Court’s decision, with a view to formulating a revised Iraqi negotiating position vis-à-vis Kuwait. It seeks to resolve the ongoing debate and conflicting viewpoints regarding the agreement’s viability and to clarify the relevant facts based on competing legal arguments and evidence.

Methodes: To ensure a comprehensive treatment of the subject, the study adopts an integrated scientific methodology combining multiple approaches. These include the descriptive method to provide an accurate account of the maritime boundary delimitation dispute in Khor Abdullah, as well as the inductive and analytical methods to examine and evaluate relevant United Nations Security Council resolutions and the work of the UN Iraq-Kuwait Boundary Demarcation Commission.

Results:  The boundary dispute between Iraq and Kuwait is complex and multifaceted, characterized more by political considerations than by purely legal ones. This complexity stems from the persistence of disagreements and expansionist conflicts across different historical periods, which have constituted a continuous source of tension. A key factor has been the absence of an official Iraqi document formally recognizing the course of the boundary line prior to the issuance of the relevant United Nations Security Council resolutions on boundary demarcation.

Conclusion: The research concludes by recommending that Iraq and Kuwait resort to negotiation as a fundamental diplomatic mechanism, grounded in the principles of good neighborliness and good faith. The objective is to reassess the Khor Abdullah Agreement in a manner that safeguards the mutual interests of both states, while addressing and remedying any prejudice or detriment suffered by Iraq as a result of the prior implementation of Security Council resolutions.