There are a number of public international law issues that arise in relation to the current situation in Iraq following the recent armed conflict there. Of note moving forward on the commercial side will be the issue of sanctions, the issue of contracts entered into with the previous government of Iraq, and the issue of contracts for reconstruction activities entered into with the US government or other agencies acting in relation to Iraq.
One fundamental point is that, under public international law, the State of Iraq has legally continued to exist, despite the recent armed conflict and the apparent lack of a government. Under public international law generally, a change - or lack - of government has no effect on the continuity of a State or the underlying status of its legal obligations. Thus, the law in relation to Iraq has not changed merely because the previous government is no longer functioning. This includes the issue of Iraq’s legal title to its oil.
