The right and function of the central and decentralized authority in the extraction and exploitation of natural resources (A comparative study )

Praise be to God, Lord of the worlds, and the best of prayer and complete the greetings to our master Muhammad (PBUH) and upon the pure and good family of his household.

Natural resources in the march of humanity have been an important factor in the development and advancement of civilizations, as they constitute a basic element in the progress and well-being of society, and everyone has talked about the existence of a crisis in the management of resources in the current century and disputes over common natural resources will increase between the riparian states.

The problem that arises in the study is that the formulation of the right to resources in constitutional and legal documents is not taken in a unified manner, but rather differs from one constitution to another. Of resources while granting state institutions the right to extract and properly exploit them, as required by the constitution to regulate them. It must provide the utmost degree of constitutional and legal protection and not exhaust it, leading to comprehensive economic development.

The problem of the study also lies in the extent to which the constitutional texts regulating this right can be applied on the ground due to political, technical and other factors, in addition to the lack of appropriate legal legislation that puts the constitutional and legal texts into practical application.

The importance of the study is evident in the report “Right to and ownership of natural resources. Some of them state ownership of the state, some of them belong to the people, and the other is shared in natural resources, such as the Algerian, Jordanian, Tunisian and Syrian constitutions, while the constitution of Egypt recognizes the ownership of the people. To exploit them. ”And there are many constitutions that lack a unified organization of resources, as the text is limited to state and people’s ownership.

Since this study is based on numerous presentations and comparisons between the Iraqi constitution, and between the Egyptian constitution, the Tunisian constitution, the Algerian constitution, and the Jordanian constitution, and a comparison between them; We decided to return to a method, which is the comparative approach, whenever we see that there is a need to return to this approach. Based on the foregoing, the structure of the study was divided into three chapters, preceded by the introduction, as we discussed in the first chapter the concepts and faculties, and the second chapter the state’s right to exploit and extract natural resources. As for the third chapter, we dealt with the function of the Iraqi state in preserving natural resources in the face of the right to extract and exploit, and the main question of the message is raised (What is the right of the central and decentralized authority and its duty to extract and exploit natural resources?) In conclusion, the answer to the main question was reached regarding the merits of the message and as was reached. A set of findings and recommendations that we hope will contribute to supplementing the legal library with the information we have found.