AL-Qadisiya Journal

In recent years, we have witnessed a noticeable increase in the adoption of advanced technologies, which has created a pressing need to effectively regulate and guide the use of artificial intelligence in the development of smart urban environments. Despite the significant potential benefits of artificial intelligence in improving lives and advancing cities, this deployment faces multiple legal and ethical challenges. These challenges include safeguarding individual privacy, determining liability in case of errors or misuse of these technologies, and ensuring accountability and transparency in decision-making processes relying on artificial intelligence.
To ensure responsible and ethical use of artificial intelligence in smart urban environments, legal frameworks must be established to regulate this deployment and protect individual rights. These frameworks should focus on fairness and transparency, provide mechanisms for accountability and oversight, while preserving the rights and privacy of individuals.
By harnessing artificial intelligence in a manner consistent with these frameworks, the desired benefits of technological advancement in smart urban environments can be achieved without compromising ethical, legal, and individual rights.

This research deals with the crime of making ionizing radiation without a license, and this topic is one of the important topics related to the environment and humans, as the manufacture of ionizing radiation without a license results in harmful effects on individuals and public interests, so the prevention of the danger of ionizing radiation is a must, and the Iraqi legislator has addressed this crime with a special law, the Protection of Ionizing Radiation Law No. (99) of 1980, and it is permissible This topic is the elements of the crime and the appropriateness and adequacy of criminal sanctions for the gravity of the damage and the radiation hazard, and the research ended with results and recommendations

Nowadays, women's work has become a feature of contemporary societies, as women share with men in many areas of work, but the nature of women who have a weaker structure compared to men and their physiological role necessitated restricting their work and prohibiting everything that would harm their physical and psychological safety or their morals. Therefore, there is an international consensus to recognize their rights and work to protect them. Labor laws have also worked to protect them, including the Iraqi Labor Law No. (37) of 2015. However, the objective penal protection for working women came at times real and effective protection, and at other times it was incomplete and not commensurate with the importance Her role in the family and work.

The caretaker government is a temporary government created by the French judiciary ,in order to protect the principle of regular and steady operation of public facilities, as these facilities must continue their services without interruption. interruption, because this causes harm to citizens, and therefore if the original government is exposed to any reason that makes its powers diminished, such as dissolving parliament ,or withholding confidence from it ,or its resignation ,this leads to its transformation in to a caretaker government, and as it is known that this government is prohibited form appointing fundamentalists in the government. Senior administrative positions, therefore, they resort to the method of assigning them to fill them when they become vacant for any reason. Because this government has limited powers, it must take into account these limits set by the constitutional, and not deviate from the constitutional rules, which requires parliament they must use constitutional means to ensure parliamentary oversight of their actions to monitor the government and for it not to be isolated from this oversight under the pretext of being a caretaker government that does not need parliamentary oversight, in addition to judicial oversight. Regular, administrative and oversight by independent bodies, in order to preserve public interests

There is no doubt that the Federal Supreme Court in Iraq constitutes its constitutional judiciary, and it assumes many of the powers stipulated in the Constitution of the Republic of Iraq in 2005, including oversight of the constitutionality of laws. However, this power is not absolute, but rather is in accordance with constitutional and legal rules, as the Federal Court is subject to It is supreme over many constitutional restrictions in its oversight of the constitutionality of laws. When this court monitors the constitutionality of laws, the constitution must be rigid and enjoy supremacy over the rest of the laws in the state in order for there to be a benefit to this oversight, because there is no meaning to oversight without the rigidity and supremacy of the constitution because it is amended just as the law is amended. ordinary, Therefore, this oversight is carried out by the Federal Supreme Court through a constitutional lawsuit filed before it by someone with a direct interest in the case. This court examines the constitutionality of the laws in accordance with the constitutional and legal procedures and restrictions, especially since its decisions are final and binding on all authorities in the state. Therefore, the constitutional restrictions and oversight must be stated. On the constitutionality of laws and the extent to which there are justifications for these restrictions, in addition to explaining their types.

The financial duties of individuals are part of the duties imposed on individuals towards the state, as they are among the important responsibilities that individuals must adhere to because they meet the general needs of individuals and are used collectively. This means that harming them leads to harming individuals in general in the state because it is a duty to protect them. It is not only the state's responsibility, as is believed, but also the individuals' duty to protect it, preserve it, and not harm it. The state also sought to strengthen and develop its economy by imposing a duty on individuals, which is the duty to pay public taxes to the state, in order to ensure the continuation of its public facilities to meet the needs of individuals.

The psychological aspects in the substantive penal rule have received great attention based on the general principle that the legislator does not limit his coverage to all the physical aspects in which a person finds himself, but rather extends his organization to reach attention and organization with the psychological aspects, or as some call them - the moral aspects. - This is indisputable because the act or behavior of a person extends to include material and other moral aspects that combine together, to show the impact that the crime or permissible act leaves to the outside world. In line with this interest, we find that the legislator’s understanding of the penal rule for the subject of belief differs between... Its permissibility in criminalization and punishment, as we notice an expansion of belief in the texts related to permissibility, compared to a decrease in the number of texts organized within the scope of criminalization and punishment. This research, with its division and analytical approach, attempts to shed light on the belief and its impact on the objective penal rule in an effort to come up with a number of results and recommendations that enhance from its effect within the scope of the criminal rule.

Progress and economic development have led to the emergence of multiple types of weapons, which pose a serious threat to the security and safety of individuals and society. The spread of crimes of possession of silenced weapons is no longer confined to the territory of one country, but rather exceeds the borders of the state. Small and light weapons, especially silencers, have constituted the basic tools and factors Assistance in violence and organized crime, and therefore the interest in studying the crimes of possessing silent weapons reflects an aspect of awareness and awareness of the seriousness of this type of criminal behavior that has spread in the world.

The right of defense is one of the rights of litigation that are guaranteed by national laws and international covenants, however, sometimes some expressions may be used during the exercise of the right that are considered a breach of reputation and consideration by one person to the other, as they are considered slander or insult, any illegal actions, but the legislator allowed them to be an exception and considered them legitimate actions, but Within the limits of certain conditions, and for an end that the legislator deemed necessary, which is to give priority to one interest over another, and in order for those who exercise that right to be safe from punishment, this prescribed legalization is only within the limits of a certain scope in terms of the permissible act, as well as in terms of the people who exercise the right. Defence, so we decided in this research to divide it into two requirements, in the first requirement we get acquainted with the concept of the permissibility of slander and insult during the exercise of the right of defence, and the second requirement we get acquainted with the conditions for the permissibility of slander and insult during the exercise of the right of defense and the reason for it as follows.

The procedures for an international lawsuit filed before an international court are divided into original procedures and incidental procedures. Intervention is one of the most important incidental procedures known within the framework of both domestic and international law. It is known as a license granted to a third party to intervene in a previously established lawsuit. It is an incidental procedure that one of the countries resorts to. Which finds that there is an international lawsuit being considered before one of the existing international courts that affects its legal interest, and it may agree with the interests of one of the parties to the lawsuit or may differ from both of them, so the state intervenes to protect its right to confront them, and whoever submits a request for intervention is required to indicate the interest that It is believed that it will be compromised if the case is ruled in addition to stating the legal basis for the court’s jurisdiction, which, whenever it approves the intervention request, the ruling issued from will be an argument against the intervening party, which can present all its defenses and carry out all the procedures granted to the parties to the case until its conclusion.

The conformity of the actions and actions of public authorities with the Constitution, and the legislative authority in particular, represents the highest goal of every constitutional and political system that seeks a distinguished position in the ranks of the state of law, institutions, modernity and civilization. This is not possible except by glorifying the constitutional document and issuing its rulings over everything else, by creating... Means and mechanisms to ensure the achievement of this superiority that enhances the integrity of its legal structure.
The constitutional judiciary is considered one of the most important frameworks ever to achieve this supremacy in practical terms and to protect its provisions from being deviated from, especially by the legislative and executive authorities.
The constitution is also a progressive document that does not hinder development in its horizons. Therefore, the policy followed by the constitutional judiciary in implementing and protecting constitutional texts must adopt modern, advanced legal means, in order to enable it to keep pace with general changes and developments in the state without being bound by the letter of the constitutional texts, which results in the failure of the constitutional document. About the political reality of society, which constitutes the emergence of a gap between reality and the provisions of the Constitution.

Acquired rights are considered the cornerstone of the administrative law system، as it is necessary to protect them and ensure their continuity، in the context of withdrawing administrative decisions, to show increasing interest in guarantees of acquired rights, especially the formal aspects surrounding the withdrawal process. This issue requires in-depth study to ensure that administrative withdrawal is carried out. In a fair legal manner, taking into account the acquired rights of individuals, which requires taking into account the formal guarantees that guarantee the continuity of the rights acquired during the administrative withdrawal process, and the analysis necessary to understand how to apply the formal guarantees in cases of administrative withdrawal. Therefore, research into this topic was important to understand how to protect Acquired rights of addressees while withdrawing administrative decisions and ensuring fair and transparent procedures.

The freedom to demonstrate has become one of the public freedoms of importance at the international level in general and at the national level in particular. The right to peaceful demonstration is considered one of the fundamental rights of individuals and internationally guaranteed, as it has been codified in international documents, such as the Charter of the United Nations and the Universal Declaration of Human Rights issued in 1948. Constitutions recognize this right, like the constitutions in question that we highlighted, as they embody it in legislation, work to establish general principles for it, and regulate it with laws to regulate its exercise, to ensure that the public authorities in the state do not infringe on the essence of this right or freedom, and provide important guarantees to ensure the exercise of this right and that it does not Exceeding the limits related to public order and public morals, and facilitating the Constitutional Judiciary by repealing any legal texts that may be in violation of the provisions of the Constitution. Therefore, constitutions, including the Constitution of the Republic of Iraq of 2005, which followed the approach of formulating the features of the right to freedom of peaceful demonstration, are used for the purpose of expressing opinion and referred to its regulation. By law in accordance with the constitutional texts related to this matter, however, the actual reality indicates the exercise of this right within the limits set for it by Coalition Provisional Authority Order No. 19 of 2003, which was issued before the issuance of the 2005 Constitution, and restricted freedoms with numerous restrictions and infringed on the rights of individuals, and this transgression and restriction attributed Individuals should go to the Federal Supreme Court for the purpose of clarifying its position on the constitutionality of this matter, because the constitutional judiciary is one of the important guarantees for individuals in exercising the right to freedom of peaceful demonstration.

Iraq faced several challenges after the recent political transformations. Intellectual extremism considers the most dangerous phenomenon in Iraqi society. Intellectual extremism has affected several aspects, such as societal unity and threatened national security and public order. This research studies the ability of the administration of using its authority to confront the effects of intellectual extremism. The role of administration in this field is raised due to the societal challenges that affect administrative activities. The legislator neglects to create legal texts that give the administration the ability to combat intellectual extremism. The research divid into three sections. The first section includes the concept of intellectual extremism and its causes. The second section clarifies the legislative position to confront intellectual extremism. Finally, the third section studies the role of administrative institutions in confronting the phenomenon of intellectual extremism, such as the religious, educational, and media institutions. The research uses the descriptive approach for the purpose of understanding the means which the administration has in combating intellectual extremism. In conclusion, the result of the research is that the administration must confront intellectual extremism, despite the lack of clear legislative texts that give the administration this role.

The Constitution of the Republic of Iraq for the year 2005 referred to independent bodies in Chapter IV of Chapter Three relating to federal authorities in sequential articles (102-108) as it was singled out in Chapter VI of the Constitution in Articles (134, 135, 136). The texts that dealt with the bodies did not regulate them as they should, the experience of independent bodies is a modern experience and must be characterized by neutrality and independence from the legislative and executive authority, and the principle of legitimacy is the basis from which the approval of oversight of independent bodies stems, Parliament as an expression of the will of the people monitors the executive authority, and independent bodies, like other state institutions, must be subject to their performance to evaluate the legislative authority as a representative of the people, and parliamentary oversight of independent bodies is defined as Supervision control, not submission control.

The principles of legal security and judicial security are among the important principles in the legal field. Through them, a kind of relative stability of legal positions and acquired rights of people is achieved in the light of judicial rulings issued by various administrative courts. It also reassures people and enhances their confidence in the judicial institution if it observes these two principles. When issuing court rulings but in some cases, the higher administrative courts may resort to abandoning some of their previous established and stable jurisprudence, which leads to violating the principles of legal security and judicial security. One of the effects caused by reversing the jurisprudence, for example, is the retroactive effect of the new jurisprudence. This is what prompts us to search for a set of means, the aim of which is to limit or reduce those effects resulting from the abandonment of administrative jurisprudence.

Public funds is the main means of managing public facilities. Therefore, it must be preserved in order to achieve public benefit. Public funds must also be used well. Whether, this money is real estate or movable property. In accordance with the laws regulations and instructions that regulate work in the management of public funds. Therefore, the administration must make every effort to preserve this money. In order to achieve this the administration must in preventing infringement or violation of public funds by any party. With an explanation of the effectiveness of these means in protection public funds in Iraq in light of the massive abuses of public funds . In addition to the rampant corruption in state departments. The most important recommendations are the necessity of working to creating a central specialized body with branches in the governorates that will carry out this responsibility. We also recommend tightening the penalties for trespassing on public funds whether by employees or ordinary individuals.

The issue of studying impunity, particularly in high-severity crimes such as those mentioned in Article 5 of the Rome Statute of the International Criminal Court, through establishing legal frameworks and principles to prevent such violations, represents a crucial element in deterring international crimes and limiting their spread. Within the framework of international agreements, the international will has been directed towards enhancing the prosecution of perpetrators of serious violations and human rights abuses, as well as perpetrators of international crimes such as war crimes and crimes against humanity. The issue of addressing impunity, especially in serious crimes outlined in Article 5 of the Rome Statute of the International Criminal Court, is crucial in deterring international crimes and preventing their escalation. Establishing legal frameworks and principles is vital to hold perpetrators of human rights abuses and international crimes accountable. This requires state parties to make legislative amendments to criminalize these acts within their domestic laws, thereby preventing impunity. Emphasizing the obligation to prosecute criminals can lead to forming binding international norms, even against non-parties. This research analyzes the principles of complementarity between national and international jurisdictions and the principle of universal jurisdiction, which are essential in reducing impunity and achieving the international goal of accountability.

The challenges facing the cloud service are in the issue of international conflict related to jurisdiction and its impact on relationships within the framework of private international law, which are cross-border relationships and are usually intertwined and extended around the world thanks to the Internet, which cannot have a specific place as is the case in traditional contracts. At the national level, as well as the inability of the rules based on which jurisdiction is determined, and thus there must be alternative means that provide a solution to cloud service contracts, which are contracts produced by modern technology. Going to electronic arbitration or relying on the role of will in private contracts in determining international jurisdiction can Develops a solution for such contracts.

This study analyzed the judicial jurisdiction in cases involving the liability of air carriers for individuals، focusing on the parties involved in the liability claim and the jurisdiction under international treaties and national law. The study employed an analytical method to investigate the legal texts and clarify the application of these laws. The problem of the study stems from the complexities arising from differences between international and local laws، especially in determining responsibility and judicial jurisdiction. Among the most significant findings, the study revealed the complexity of judicial jurisdiction and the variance in identifying parties eligible to file a claim، highlighting the urgent need to unify international and national laws. The study recommends the necessity of improving the legal awareness of travelers and simplifying litigation procedures to make the legal system more effective and fairer for affected travelers.

The transfer of rights after death is a significant topic that raises important questions about the fate of an individual's rights, property, and all that they leave behind. It is well-known that what a person leaves behind is transferred to their heirs through inheritance and wills, as these are the natural paths for the transfer of rights after death.
These rights are not all of the same type. Some are personal and related to the deceased individual, and therefore do not pass on after death but die with them, such as the right to a name and the right to privacy. Other rights are financial and do pass on after death to the heirs, but in a different way than through inheritance and wills. This is done through a document, will, or agreement that determines in advance the method of transfer and how the money is to be managed and utilized in the best way possible for the benefit of the parties specified in the document.
This is called a financial trust in Bahraini law. It is a method of transferring money to the accounts of beneficiaries specified by the owner, who places the money in the possession of a specific person called the trustee to use it for the benefit of the beneficiary or entitled person. The person who holds the money, the trustee, does not benefit from it for himself but for the account of another person. Ownership is thus separated from usufruct. This is a special system in which ownership is transferred to another person without a will or inheritance laws.
The trustee carries out the tasks specified in the trust deed on behalf of the settlor to achieve the purposes of the financial trust and the interests of the beneficiaries.

Banking consolidation is significant in the contemporary economy, especially in the context of the Kingdom of Saudi Arabia's Vision 2030. The aim of banking consolidation is to create major banking conglomerates capable of international competition, offering distinguished financial services, thereby increasing trust among clients, and preserving their savings. Consolidation serves as a mechanism to counter foreign financial institutions and enhance the financial structure of national banks. The effectiveness of consolidation in developing the Saudi banking sector and achieving the goals of Vision 2030 is pivotal, highlighting the need for legal regulation to govern this process and support the creation of banking entities that can keep pace with global developments. The role of consolidation in promoting economic growth and improving the performance of the banking sector is evident. It aims to underscore the role of consolidation as an effective supervisory tool in the financial sector, demonstrating its ability to enhance efficiency and competitive advantage for banks, as well as the substantial benefits it offers in terms of achieving financial stability and market development. Several conclusions have been reached, including that consolidation contributes to the development of the banking sector, the creation of banking entities capable of sustainable development, and the improvement of economic stability. This encompasses the necessity to adopt effective consolidation policies, provide logistical support to banks, organize workshops to explain consolidation laws, and encourage joint Arab consolidation. It is also suggested that specific legislation for banking consolidation processes be developed to achieve strategic objectives, rather than merely relying on current laws.

In this study, we will examine the legislative and jurisprudential concept of the principle of procedural integrity, as the concept of this principle is not clearly defined and the Iraqi legislator did not address it explicitly and directly in the Civil Procedure Code, and the blurring of the concept of this principle resulted in confusion between its concept and other concepts that share some characteristics and the goals it seeks to achieve with the principle.

The special nature of dealing in the stock market, and the lack of experience and knowledge among the dealers trading in securities in this market, made the laws regulating it tend to put in place mechanisms to achieve protection for investors. Brokers participate in it and pay periodic subscriptions, so that compensation is paid from these subscriptions to investors who suffered damage from the brokers they deal with, or in the event that the broker goes bankrupt, as the affected investor submits a request to the fund to claim compensation for the damage incurred as a result of the broker’s breach of his agreement with him, but no The fund covers the entire loss incurred by the investor, but the compensation is within a specific range indicated by the fund. If the compensation claimed by the investor is more than what is covered by the fund, he may refer to the broker in excess to cover his loss

There is a lot of talk through social media accounts, as they include text posts, music, media, and acting. What increases their importance is that they have a great financial value, because through them money and fame are obtained, and there is not enough to protect what is published in those accounts because they are not legally regulated. But about searching for... The nature of these contents is that the jurisprudential opinions, even if they are few, have classified these contents as pure intellectual property for the user of the electronic account, since they contain the elements of intellectual property, namely originality and innovation. However, in light of the position of American legislation, we see that the position of American law and jurisprudence was stemming from the instructions of the companies providing the service as We included it according to texts, and these contents were considered to be pure intellectual property also for the user on social networking sites, and originality and innovation in these contents are also required by law. However, the companies did not stipulate that these contents be original and innovative, but rather made that within the powers of the laws. The home country of the user of the electronic account is the one that determines that.

In the virtual world, our identity and personality are reflected in our personal digital archive (for example, in the documents we produce, our contact lists, our downloads, or our comments on social media). Therefore, the set of our relationships, interests and beliefs is part of the personal digital archive. This means that there is an increase in information where our production becomes uncontrollable and elements become difficult to find among a mass of data. This is the main problem that requires thinking about the golden rule of wealth management. Digital is what you must think about at every stage of your life cycle through three elements: sustainability (preserving the document over time) and personal information systems. Despite the importance of this topic, we note the lack of official guidelines and security principles regarding treatment after our death and the lack of instructions on how to Proceeding to save your information how you will handle the digital heritage setting before death.

Compensation is considered one of the important topics that have received great attention from legal scholars in different legal systems and in different eras, due to the function it performs, which is to repair the damage that befell the injured person. The Iraqi Civil Law has stipulated compensation for two types of damage, which are material damage and damage. Moral and according to certain conditions, that is, the damage that befalls his money or that affects his feelings and emotions. Therefore, if a person is exposed to material or moral damage, he has the right to resort to the judiciary and demand compensation for the damage he suffered within a certain period and according to what the law stipulates. However, the emergence of the second function of compensation, which lies in the deterrent function, led national legislation to reconsider how they organize the issue of compensation in general. Some legislation adopted deterrent compensation, even if indirectly, while others refused to adopt it, justifying that compensation is to redress damage only and not to deter. However, there is a trend that sees the necessity of creating a second function for compensation, which is to punish the one who caused the harm for his mistake and negligence in order to correct his wrong behavior and deter others. This function is called the deterrent (punitive) function of compensation. This matter led some national legislation to reconsider how to organize the issue of compensation in general, so that it introduced deterrent compensation, whether directly or indirectly.

However, despite the great benefits of AI, it may also pose serious risks to society. In the medical sector, we have noticed tremendous developments thanks to the use of artificial intelligence applications such as smart robots in surgeries and health care, and programs to support medical decisions and assist in diagnosing and suggesting treatments, which provide doctors with information that they did not have access to before.
Despite the many advantages of this technology, special challenges arise related to how the current legal system - especially with regard to civil liability laws - deals with the unique characteristics of this technology. Artificial intelligence in the medical field is not free from errors, and may cause damages that must be addressed and those affected must be compensated.
This study aims to answer an important question: How will the development of medical artificial intelligence change the legal logic of civil liability law? We will discuss whether current laws are sufficient to adapt to new risks and compensate for damages resulting from the use of artificial intelligence in the health sector, or does it require setting new rules and establishing a special liability system for these modern smart systems?

Modern developments that appear at the present time and the increase in the world’s population, as well as the increase in the desires of the national population for foreign goods and merchandise due to development and globalization, as well as the diversity of nationalities within one country, the presence of different nationalities in one place, and the ease of movement of individuals from one country to another, all This led to an increase in international contracts, and as a result of these contracts a dispute may arise between the parties to the contract for the international sale of goods about how to conclude the contract, and how to deliver the goods from the seller to the buyer, and disputes may arise between them about the place and time of delivering the goods to the buyer, so this can be resolved. Disputes must have a specific law applicable to them. This law may be the law of will, or the law of the place of residence of the parties to the contract for the international sale of goods, or the law of the place where the goods are located. The judge before whom the dispute related to the international sale of goods is brought may be exposed to several difficulties, when he By determining the law applicable to the dispute arising from the contract for the international sale of goods, if the seller sells the money twice in two or more countries, or how to determine the place of concluding the electronic contract, or specifying the place of concluding the contract if it is concluded in a place outside the jurisdiction of the countries.

The term virtual property is one of the modern terms that appeared in the era of the information revolution and the development that this revolution produced in the methods of social interaction between people. It is virtual elements that are traded within the virtual world and take the form of an avatar that has a unique appearance and characteristics linked to the game across the virtual world. It can be saved and used over a period of time، and the method of obtaining it varies depending on the type of online game. It is called virtual in reference to the virtual world in which it exists.
It simulates the real reality of our lives, and is represented by virtual things such as weapons, clothes, gold coins, sports equipment, land, avatars, etc. It is worth noting that these virtual goods are often present within multiplayer games if they give the user an advantage in the virtual world. When we look deeper, we see that virtual ownership carries broad connotations, but it often refers to the development of the Internet, and is usually described as electronic spaces. It exists in a digital world available to people through an avatar that is accessed and dealt with by registering information on digital platforms and assets. Digital.

In writing this research, we followed an analytical approach to studying the idea of transformation in civil law. We presented the concept of this idea and explained its advantages. Then we compared this idea with other legal ideas and concepts, such as modification, subterfuge, substitution, interpretation, and adaptation. In the conclusion of this research, we concluded that the idea of transformation, as one of the ideas adopted by the legislator, has become the basis for a set of texts, rules, and legal solutions, such as the rules regulating the transformation of a contract, the transformation of a hand, the transformation of an obligation, the transformation of implementation of an obligation, and other rules and provisions. In civil law, the Iraqi legislator has adopted the idea of transformation in more than one place, in personal rights as well as real rights, and in order for the implementation of this idea to lead its achievements and goals, The legislator stipulated conditions for each case, as its clear in the transfer of contract, transfer of hand, transfer of possession, and others. We also found that the main goal of adopting and implementing the idea of transformation is for the legal reality (the legal event in general, regardless of its type) to have a better effect rather than having no effect, in application of the rule: implementing the speech is better than neglecting it. This is in order to give realism to the law, and make it a comprehensive system that governs all legal facts and phenomena, regardless old or new. We suggested that the legislator provide a general rule regarding transformation as follows: 1- Every legal reality, if its effects are left due to a defect in it, it can be transformed into a reality with an effect. 2- In order for the transformation to take effect in accordance with the first paragraph, it is required that the reality within the intended effect to be either a fact, an assumption, or a possibility. 3- The judge has discretionary authority to implement the conversion, and his ruling is subject to the supervision of the Court of Cassation.

Marriage is the highest human relationship and bond, given its great sanctity and seriousness, as it is the foundation upon which healthy families are established and the first building block in building a healthy society, and since the world is witnessing continuous progress and change in all areas of life, which is greatly reflected in a change in the behavior and habits of individuals, especially in Consensus for a marriage contract that is most closely related to what is common and customary among people and the role that custom plays in its issues.
Therefore, this study focused on clarifying the extent to which the Iraqi legislator adopted custom in the element of mutual consent, in particular because it occupies a place of great importance, considering that it is the only element upon whose availability the marriage is based, and on whose failure the invalidity of this marriage is based, by deducing the places that made it In it, custom is the basis of the text. Engagement, consent, and some contractual conditions related to “abstention from wives and the wife’s work,” are the most prominent signs of considering custom as a social necessity imposed by its binding force. Conversely, it clarifies the places in which the Iraqi legislator refused to adopt custom and neglected its value despite its importance. There is no doubt that this is considered a deficiency in legislation that should be remedied.
In order to shed light on the philosophy of custom in the mutual consent of the marriage contract under the Iraqi Personal Status Law, the observations that are recorded on this philosophy, and the recommendations that can be put forward that contribute to filling the gaps that marred its regulation, we have chosen to research this topic.

The study delves into the complex interplay between confidentiality and transparency in international commercial arbitration, particularly concerning state parties. It investigates the enduring principle of confidentiality, which has historically defined the arbitration process by safeguarding the privacy of the proceedings and the interests of the parties involved. However, this traditional cornerstone faces challenges from the increasing demands for transparency, especially in cases where public interest and state involvement are significant.
This research highlights the tensions between maintaining confidentiality to protect commercial secrets and fostering transparency to enhance democratic accountability and public trust. The focus is on how these conflicting needs affect the legal frameworks and arbitration practices, especially in scenarios where states partake in arbitration as hosts or participants in international investments. The study critically examines the legislative and judicial approaches to balancing these principles, drawing on comparative analysis and international norms.
The findings suggest that while confidentiality remains crucial for attracting foreign investment and ensuring efficient dispute resolution, transparency is equally important in scenarios involving public resources or state-related investments. The study proposes a nuanced approach to arbitration legislation and practices, advocating for legal reforms that accommodate confidentiality and transparency tailored to the specific nature of each dispute and the interests at stake.

The industrial development of the world has led to an increase in pollution as a result of the illegitimate use of chemical and organic materials. Additionally, the flow of the world trade has impacted the quality of environment; in particular, the marine flow due to the large scale of marine transport activities. This pollution may cause damage to individuals who would require to be compensated and if the parties to the event (Person responsible (who committed a tortious act) and person injured (who sustained damage)) are citizens of one state and the damage occurred in the territory of their own state, then there is no issue to be raised on the applicable law as this would be the law of their own state.
However, and since the world is not as it used to be where it moved from a slow motion to a fast motion, and from agricultural societies to industrial and technological societies, where the world has become a small village, this caused the increase in movement between states and consequently, the damage from pollution may impact citizens of foreign state. This will lead to the issue of the applicable law on the event causing the damage, and in fact there are several solutions implemented by statutes adopted by states and international organizations as well as jurisprudence and courts and they are subject to factors that will lead to the attribution rules applied. These factors have become a basis in identifying the criteria used to identify the governing legislation of such conflict, the most important of which, are the criteria of the place where the damage was sustained and the criteria of the place where the wrongful act had occurred (loci delicti) , and the criteria of the will of the parties, and the criteria of social concertation, and the criteria of the fittest law to the injured party and the criteria of the rules of necessity. In fact, each one of these criteria could be a solution to the conflict resulting from a pollution event, but some states including Iraq and Egypt did not apply any of these solutions and were limited to one criteria and that is the criteria of the event creating the obligation. However, this does not mean that the laws did not give room for the application of another criteria, but there may be other criteria that impose themselves on the legislator, and the legislator cannot help but acknowledge them; as the case may be where the damage is impacting civil security or public order, and then the criteria would be applied are the criteria of necessary application and it is also the case if the parties do not resort to internal courts, but instead they resort to arbitration bodies. Here we will see that the criteria of the will of the parties manifest itself as a solution.
All of the above will be the focus of this research where we divide it into two sections, the first of which will discuss general factors and the second section will discuss the special factors.

The study of intellectual property rights and the works contained therein issued by the author or from third parties are considered important matters in the field of research and study, due to the presence of ambiguities or ambiguities in some of their concepts, and there are many works that respond to these rights in a way that may bring them out From the normal situation to the illegal work, and therefore it is considered a violation of the limits set by the law, and among these actions is making a copy of the protected works for the purpose of personal use، which requires an indication and highlighting the type of protected works that these copies are mentioned in the field of copyright، as well as the owners of neighboring rights and research On the extent of the possibility of making a copy of these works, whether it requires by their nature to make a copy of them or not, in order to draw conclusions and recommendations that can be used in the development of Iraqi anatomy.

This paper delves into the theoretical foundations of International Commercial Arbitration (ICA), examining the nuanced debates and perspectives that define this pivotal area of international dispute resolution. Through a comprehensive analysis, the paper navigates the terrain of the four predominant theories in ICA: the Jurisdictional Theory, the Contractual Theory, the Hybrid Theory, and the Autonomous Theory. Each theory offers a distinct lens through which the nature, operational dynamics, and challenges of ICA are interpreted, shedding light on the multifaceted relationship between arbitration practices and the legal frameworks within which they operate.
Key findings from this exploration highlight the diversity of thought surrounding ICA, emphasizing the critical role of party autonomy, the influence of state law, and the unique characteristics that define arbitration as an autonomous entity within the global legal order. Practical challenges, including the enforceability of arbitral awards and the interplay between national laws and arbitration agreements, are identified, underscoring the complex interdependencies that shape ICA's application in real-world scenarios.
The paper concludes with six strategic recommendations aimed at enhancing the legal frameworks governing ICA, promoting uniformity in the enforcement of arbitral awards, and fostering a more informed and collaborative global arbitration community. By advocating for a harmonized approach that embraces the insights of various theoretical perspectives, the paper proposes pathways for advancing the efficacy, fairness, and global acceptance of ICA as an essential mechanism for resolving international commercial disputes.

Permissibility is a contract like all other contracts that responds to the benefit of notables, and it is an unnamed contract that the Iraqi legislator did not undertake to regulate its provisions, whether in terms of formation or expiration in particular, and a judicial principle emerged that shows how it expires and was frequently repeated in judicial decisions, especially at the Federal Court of Cassation, to the effect that the permissiveness contract An unnecessary contract that expires at the will of the owner or the permitted person or his heirs after his death. However, this will should be legally covered through a judicial claim to file a lawsuit indicating that the permitted person has withdrawn his permission regarding the use of the permissible for the benefit of the eye, and this principle, despite its release, the judiciary has not It is dealt with at other times for the purpose of achieving a degree of protection for those who have a personal right to use the thing subject to permissibility within the limits of personal use, as the judiciary balanced between the interest of the owner of the property who has three powers, which are use, exploitation and disposal, and the interest of the permissible for him who has the authority to use only, and found That the interest of the permissible for him is more worthy of protection than without neglecting the right of the owner, and this is nothing but an expression of restrictions on the owner’s authority to withdraw from the permissibility or to demand a similar wage for the duration of the permissible use of the eye, and these are endless restrictions, but according to what the judiciary put forward The most prominent of which is represented in the request of the permitted person to expropriate the property or to allocate it to him according to a specific interest, as this restriction applies to the permission itself and prevents its expiration at all, as well as the case of the legator’s legalization during his life in the use of the property permitted to him, as this is indicated on the effect resulting from it, so it does not prevent the heirs of the permitted object from reverting from it. Permissibility due to the death of their inheritor, but it prevents them from claiming the permissible for him a similar fee for the period of occupying the eye because the usurpation incident was not achieved because he occupied the eye in good faith, in addition to claiming the permissible for him who occupied the eye based on an external sale contract for the value of the buildings and facilities from the permissible, and he is a temporary limitation on the expiry of the permissibility Responds to its impact.

Equivalent compensation in civil law is one of the very important topics that is not discussed in the legal arena, as it examines what follows the invalidation of the contract and is considered a legal solution to compensate the creditor’s damage as a result of the impossibility of returning the thing in place of the contract that was invalidated.
Despite this, it has not received the importance it deserves in legal research because this type of compensation is considered to have a specificity different from other types of compensation because it is not measured by the measure of damage, but rather by the value of the thing that was impossible to return after the contract was invalidated. Also, this compensation is characterized by its nature. Legal means based on the legal text Without the will of the individuals entering into it, just as its concept is limited to the scope of the contract after its invalidation, it cannot be conceptualized in the responsibility of guilt for a negligent error. The legal text that organized this type of compensation limited it to the invalid contract and nothing else, then it reduced that. It is monetary compensation, then there is an alternative. About responding in kind to something.

The concept of green goods and services has become a popular and rapidly spreading concept in the world today, and large commercial institutions have begun to adopt the production of these goods and services out of awareness of their social responsibility, with the encouragement of the legislative system by granting them privileges and exemptions or by obligating them to do so. Among these green services are banking services that banks have taken The traditional ones were initially adopted since the beginning of the technological recovery, and then digital banks began to appear that provide these services on electronic digital platforms. The idea of the green bank exists and works in two directions, the first of which is exploiting technological progress and providing banking services electronically after preparing the necessary infrastructure for them, which is Which leads to expanding its services and markets and attracting the largest number of consumers away from the traditional routine that leads to restlessness and reluctance of the customer. The second is working to support projects that serve, save and preserve the environment as part of its social responsibility, which is stipulated and regulated by most legislation, whether directly or indirectly. Directly, including the Iraqi legislator in the effective Iraqi Companies Law No. 21 of 1997, as well as the Corporate Governance Guide issued by the Central Bank of Iraq for the year 2018, and because Iraq is part of the international community, it was therefore keen to adopt these concepts with steps that may be slow, but they are effective and productive in the short term to transform Its economy has turned into a green economy, and the latter is defined by the United Nations as “an economy that aims to improve human life, achieve social justice, reduce environmental risks, and not deplete natural resources to guarantee the rights of future generations.” Therefore, the Iraqi legislator adopted the concept of the green bank by drawing up the legal framework for it. And its regulation of the legal rules governing the digital environment on the one hand and social responsibility on the other hand. Therefore, we will examine the possibility of adopting these banks and review the challenges they face in light of the Iraqi legislative environment.

The objective and geographical scope of the Belt and Road Initiative extends to different extents, with the possibility of exposure to various political and legal risks that may ultimately lead to entering into various disputes, some of which may arise from the difference in the legal systems of the countries within the framework of the initiative, or the state of political competition with external or internal parties, or for some reason. Which results from the implementation of the projects themselves. Because the Belt and Road Initiative has multiple advantages that have given it, in general, a clear distinction over other investment projects, the issue of dispute resolution in it requires dealing with it on the basis of appropriate organizational flexibility to preserve the continuity of the working relationship on the one hand, and to prevent direct conflicts of interest between the parties to the contractual relationship on the other hand. In this context, China has established several outlets to resolve disputes in a way that enhances trust, protects interests, and achieves fairness at the same time. One of the most important things China has created in this field is the International Commercial Court, which has characteristics capable of achieving the aforementioned goals

The research aimed to provide an expanded analysis of the phenomenon of corruption in Iraq after 2003 due to abnormal circumstances that Iraq went through, whether wars, siege, institutional sabotage, or security chaos, as well as other external factors that have the intended goals of dispersing development programs, wasting national resources, and preventing Iraq. To advance and occupy the appropriate cultural position, and therefore the necessity of having public policies and strategies, to confront the phenomenon of corruption, which is governed by a group of overlapping and interacting factors among them. These factors, by their direct and indirect nature, represent the basic roots that sprout the aspects and manifestations of corruption. Therefore, the research dealt with the above topic through a scientific structure based on A study of the most important causes, effects and repercussions of the phenomenon of corruption in Iraq after the political change of 4/9/2003 and the subsequent changes and events that harmed Iraq at all levels. There are a number of political, economic, social, cultural and administrative reasons that led to its aggravation. Therefore, it is necessary to develop programs that take into account the political and economic conditions. And the social situation that Iraq is going through, which produced this phenomenon and other phenomena that have exhausted the Iraqi people, such as terrorism, sectarian and ethnic division, and others.

Pragmatism is a philosophical school founded by Charles Peirce. According to him، it refers to the idea of social interaction and the way of influencing the understanding of the meaning by which communication and knowledge are built through the social and human phenomena and interaction among individuals. Charles Peirce thinks that social interaction plays a fundamental role in determining the meanings and their development. The philosopher Charles Peirce had a great influence on pragmatic philosophy, as it is a philosophical school related to his thought and focuses on the ideas related to signs and their connection with meaning.

The history of international relations is full of ups and downs of political, military and economic conflicts. By using the economic, political and military power of the world's powerful nations against the power and ability of other nations, all for the sake of controlling their own political, economic and social goals, a great bloody war has been waged. The different interests of states have created turmoil in the international community. This has reduced the trust of countries or their leaders in each other. These were all reasons to analyze and interpret the international political situation. I have presented two intellectual approaches that analyze the political and economic situation and the forces behind them. These two approaches to analyzing international relations, realism and liberalism, have different views on the political sphere of international politics. It developed according to the bright path of history and brought forth other approaches under the names of neo-realism and neo-liberalism. These two new approaches analyze politics and international relations slightly differently than in the past. The research presents a main hypothesis, that the nature of international political relations is intertwined relationships between the components of international politics. The basic hypothesis of this research is the prevalence of classical and new realist theory in international relations. But in this field there are other visions to explain international relations, and these visions are the theory of classical and neoliberalism, and it is one of the theories that contradicts the visions of the realist theory in international relations. The influence of the world view on the concept of international politics in realist theory is different from the influence of the world view on the concept of international politics in liberal theory in several aspects. This research discusses the differences and similarities between the two approaches to political analysis and international relations, the old and the new.

Islamic thought in the nineteenth century is characterized by a broad Islamic political intellectual revolution produced by many ideas put forward by Islamic thinkers who were distinguished by the depth of their political, social, economic, religious and cultural ideas, which are considered a reflection of what they lived, saw, and were influenced by from the internal environment, which is often represented by their study and definition of the nature and form of the ruling political system. And the social conditions prevailing in Islamic countries.
In terms of their influence by the external environment, they were often influenced by their knowledge of the conditions of European societies as a result of their direct and indirect contact through their travel and exposure to the reality of these societies or through their study of the political and social ideas of European thinkers in the nineteenth century

The Chinese-American conflict over Taiwan is one of the most significant events in international political affairs, the history has never seen a rising force dominant so rapidly and on the different dimensions as Chinese power, it has the potential to redesign the existing international political system, The USA as the dominant force of the international order, has come to recognize the threat posed by China to its global standing and is so working hard to reduce this threat, it has declared China to be a reactionary force and to be the only country with the capacity and intention for reshaping the international political system, Taiwan serves as the dividing point between China, which seeks to annex Taiwan to its territory, gain superpower status, and the USA which looks to keep Taiwan independent and thereby diminish the Chinese role on the Asian continent and maintain American dominance over the world. The island of Taiwan has become at the heart of both China's and the USA’s national security because of its strategic standing with the parties to the conflict Sino-American competition to control of its capabilities will have significant implications for the future of the international political system.