International Conflict of Laws Regarding Oil Contracts in the Kurdistan Region of Iraq ) A Comparative Analytical Study(

Abstract

This research examines the issue of international conflict of laws in oil contracts within the Kurdistan Region of Iraq, a highly significant and debated topic in private international law due to the unique nature of these contracts, which combine state sovereignty over natural resources with the private interests of oil companies. The importance of this issue is further emphasized by the absence of a clear legal framework governing the sector. The study aims to identify mechanisms for resolving such disputes by analyzing traditional conflict- of-laws rules, particularly the principle of party autonomy in selecting the governing law, which enables parties to influence the outcome of the contract. It also addresses the challenges that may arise when no appropriate law is chosen, and examines the role of directly applicable rules in cases where national laws are insufficient or unsuitable. The study concludes that determining the governing law is a well-established principle for resolving conflicts of laws in international contracts, including oil contracts, as it ensures legal certainty and protects the legitimate expectations of the parties, although its application remains subject to several limitations. In order to cover the subject of the research, we will divide it into two main sections. The first section deals with the application of the competent law according to the choice-of-law rule, and its effect on the oil contracts concluded by the regional government with foreign oil companies. It includes two requirements. In the first requirement, we will explain the application of the law of intent, while in the second requirement, we will examine the determination of the applicable law in the absence of the law of intent. The second section is dedicated to studying the application of rules with direct application to the oil contracts under discussion, which is in turn divided into two main requirements. In the first requirement, we will address the application of substantive international rules, while in the second requirement, we will dedicate it to the application of civil security rules.