Research – 49 – ILIC 10

The Constitutional Framework Governing Treaty Concluding Authority in Iraq and Its Restrictions

https://doi.org/10.23918/ilic10.49

Keywords: international treaties, competent authority, customary international law, constitution, restrictions and principles.

 

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PROCEEDINGS OF 10th INTERNATIONAL LEGAL ISSUES CONFERENCE

Faculty of Law, Tishk International University

Date:10-11. June 2026

Venue: Kurdistan Region- Erbil, Iraq

ISBN: 979-8-9890269-4-4

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Dr. Badr Mohamed Taher Mustafa

Department of Law, Faculty of Law,  Tishk International University, Kurdistan Region, Iraq

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Abstract

The procedures governing international treaties, negotiation, signature, and ratification—must be conducted by the competent authority in accordance with the rules established under both international law and domestic legal systems. Given that international treaties constitute an integral component of a state’s foreign policy, the authority to conclude such treaties is vested at the international level in the executive branch of the state. However, in federal states, where authority is distributed among multiple internal entities, it becomes necessary to identify the specific body competent to conclude international treaties. This, in turn, requires an examination of the constitutional principles and legal restrictions applicable to federal systems, including the Republic of Iraq, and an assessment of how these principles affect the allocation and exercise of treaty-making authority

References

• Books:

1. Ibrahim Abdel Aziz Shiha, Political Systems and Constitutional Law, Ma’arif Foundation, Alexandria, without the year of publication.
2. Ihsan Hamid Al-Mufraji, Katran Zughir Nehmeh and Raad Naji Al-Jaddah, for the Public Theory in Constitutional Law and the Constitutional System in Iraq, The Law Library, Baghdad, 1989.
3. Ahmed Sarhal, The Law of International Relations, University Foundation for Studies and Publishing, Beirut, 1990.
4. Ahmed Fathi Sorour, The Constitutional Protection of Rights and Freedoms, 2nd Edition, Dar Al-Shorouk, Cairo, 2000.
5. Salwa Ahmed Maidan Al-Mufraji,
6. Shorash Hassan Omar, Characteristics of the Federal System, Arab Center for Publishing and Distribution, Cairo, 2016.
7. Adel Al-Tabatabai, The Federal System in the United Arab Emirates, New Cairo Press, 1976.
8. Medhat Al-Mahmoud, The Judiciary in Iraq: A Review Study, 4th Edition, 2015.

• Theses and Dissertations:

1. Hassan Izbat Al-Obaidi, The Organization of Treaties in the Constitutions of States, master’s Thesis Submitted to the Faculty of Law, University of Baghdad, 1988.
2. Chabab Barzouk, Constitutional Guarantees of Human Rights, master’s Thesis, Faculty of Law, University of Oran, Algeria, 2011-2012.
3. Asaad Kazim and Haysh Al-Salihi, The Legal Organization of Concluding International Treaties in the Federal State, master’s Thesis Submitted to the Faculty of Law, University of Babylon, 2013.
4. Abdel Fattah Abdel Razzaq Mahmoud, Declaring the State – An Original and Analytical Study in Public and Constitutional International Law, Ph.D. Thesis Submitted to the Faculty of Law and Political Science at Salah Al-Din University – Erbil, 2007.

• Academic Journals Research:

1. Hussein Jabbar Abed, Manifestations of the Principle of the Supremacy of the Constitution – A Study in the Constitution of Race for the Year 2005, Al-Muhaqqiq Al-Hilli Journal for Legal and Political Sciences, 2014, First Issue, Sixth Year.
2. Hasina Sharon, The Position of the International Judiciary on the Conflict between Conventions and Internal Law, Al-Fikr Magazine, Faculty of Law and Political Science, Mohamed Khidir University, Biskara.

• Laws and Court Provisions:
• International Agreements:

1. The Universal Declaration of Human Rights of 1948.
2. The International Covenant on Civil and Political Rights of 1966.
3. Vienna Convention on the Law of Treaties of 1969.
4. The tripartite unity agreement between Egypt, Iraq and Syria.

• Constitutions:

1. The United States Constitution of 1787.
2. Iraqi Statute of 1925.
3. The Constitution of Germany 1949.
4. Constitution of France 1958.
5. The Iraqi Constitution of 1958.
6. Iraqi Constitution 1964.
7. Iraqi Constitution 1968.
8. Iraqi Constitution 1970.
9. Draft constitution of the Kurdistan Region – Iraq 2007.
10. Draft Constitution of the Republic of Iraq for the year 1991.
11. The United Emiratis Constitution 1996.
12. The Law of State Administration for the Transitional Period 2004.
13. Iraqi Constitution 2005.

• Laws:

1. Regulations for the Iraqi Administrative Authority, 1920.
2. Rules of Procedure of the Iraqi Ministry of Foreign Affairs No. (21) of 1933.
3. National Law of the Revolutionary Command Council No. (25) of 1963.
4. Revolutionary Command Council Law No. (61) of 1964.

• Decisions of the Court and the Judgments of the International Commissions:

1. Decision of the Federal Supreme Court of Iraq No. 16/Federal/2015 dated 21/4/2015.
2. International Law Commission of United Nations, The Yearbook of the International Law Commission, Report of the International Law Commission covering the work of its seventeenth session, Document (A/6309/Rev.1), 4 May – 19 July 1966.

• Websites:

Supreme Judicial Council website, website link: https://sjc.iq/view.92/