Journal Of the College of law /Al-Nahrain University

The article discusses alternative methods for resolving sports disputes, emphasizing their significance in ensuring stability, justice, and reaching consensus among conflicting parties. It highlights the provision of a neutral and objective environment for peacefully and fairly resolving disputes, employing a descriptive-analytical approach to comprehend the actuality of these methods. The article illustrates how the diversity of interests and parties in the sports domain complicates conflicts, negatively impacting stability and trust in sports, hindering the achievement of desired sports and social objectives. Consequently, effective measures become imperative to resolve these disputes and avoid the perpetuation of sports problems and conflicts. The article concludes that these methods bolster confidence in the sports system and contribute to achieving stability and sustainable development within the sports realm. To promote their utilization and advancement, it suggests expanding their application scope, providing training and education on their benefits, and enhancing cooperation between international and national sports centers in dispute resolution. Additionally, the WIPO Center and FIFA Dispute Resolution Chamber offer effective and objective mechanisms for dispute resolution, issuing legally binding decisions on disputing parties, thereby enhancing confidence in the sports system, and facilitating stability and sustainable development in sports

The purpose of Sharia costs is to preserve its objectives in creation, and these objectives are divided into three categories: essential, necessary, and improvement-related. This is to provide sufficient immunity against intellectual and doctrinal invasion, as well as destructive ideologies that aim to conceal the virtues of Sharia and distort its principles. And all these objectives converge in achieving the general principle in Sharia, which is to bring about benefits, complement them, increase them, prevent harm, and minimize it.
In addition to what has been mentioned, Islamic Sharia has established a system that safeguards and equitably distributes wealth among individuals while regulating interactions among people based on justice. It prohibits unlawful means of earning, such as theft, usury, gambling, bribery, trading in alcohol, hoarding essential goods, and price manipulation.
Therefore, the Sharia objectives are the aims intended by the legislator in the establishment of Sharia, encompassing the meanings and noticeable wisdom behind each of its rulings. And these objectives achieve the interests of Servants in both this world and the hereafter, characterized by divinity, comprehensiveness, perfection, clarity, balance, moderation, practicability, and stability

Digital rights have become an essential part of society's life and its daily necessities, by accomplishing everything related to society's economic, political, scientific movement...etc. Today, they are considered a means of expressing our opinions and exercising the right to development and education, and a tool for disseminating science, culture and knowledge, so they have become a requirement of daily life. It is an actual necessity and a need that cannot be dispensed with. This led to work on the legal protection of human rights created by the digital world and its rapid development. In this matter, some say that these rights have risen to the level of legal rights, and others have gone on to say that they do not rise to the level of legal rights.
In order to protect the right to digital knowledge, which has been controversial, it must be transferred to the ground and its protection must be embodied by local authorities and the international community, through internal legislation, agreements, declarations and international charters, taking responsibility and providing a climate that respects rights and freedoms, and promoting the right to freedom of communication with the digital information network for all individuals. Accessing and viewing the correct information, and protecting its privacy if it is hacke.

The constitutional text is the binding rule for all persons of the state, and thus the three legislative, executive and judicial authorities are bound by the content of those texts. It is necessary to return to the will of the constitutional legislator in order to clarify the meaning he intends by laying down that text, and from that article (93 / third) of the constitution The Republic of Iraq for the year 2005, which referred to the disputes that the Federal Supreme Court has jurisdiction to hear, As the subject of the jurisdiction contained in its legal regulation in the amended Civil Procedure Law No. (83) of 1969 is one of the issues that are raised before the courts, as a result of the overlaps that may occur when exercising these jurisdictions, especially with regard to the jurisdiction of the Federal Supreme Court to consider appeals against decisions. issued by the Court of Administrative Judiciary, and since the main purpose of the judicial system is to ensure legal protection for the individual and society, it is necessary to take maximum care to devote this protection, in terms of resolving the dispute that occurs between the highest court in the state regarding the appeals submitted against the decisions of the Administrative Court of Justice, so the subject requires research from a legal point of view to diagnose the defect and propose appropriate solutions.

The subject matter of options contracts is represented by the contracted item. However, in contemporary markets and in this type of contract in particular, the object of the contract differs from the rest of the other contracts due to its unique peculiarity, which is that the contracted object is not available, and is not essentially a delivery; Because the issuer of the option may not implement the agreement, and in the event of implementation, the subject matter becomes present, and in certain cases it is difficult to deliver when the subject matter of the contract is unique in its character
The type of asset is specified in the contract, and the options contract has many uses in contemporary financial markets, as it is one of the new contracts, such as the shares of a specific company, a foreign currency, one of the stock indexes, certain commodities, securities, etc., such as a short purchase option; Whereas, when the person writing the purchase option commits to selling and does not own the contracte who committed to sell it, he issues the option with the hope of purchasing it from the market and delivering it to the buyer. The subject of the contract is not delivered except when the buyer of the option decides to exercise his right in the option, so ownership of the contracte is not achieved, except that It is available in the market and this is considered an excuse for sale.
A call option contract gives its buyer the right, but not the obligation, to buy the underlying asset, and the seller is obligated to sell the asset at the call option buyer’s request at the strike price during the contract period.

This paper explores the multifaceted process of international bond issuance, focusing on the critical roles of key participants and the essential documents that underpin these financial transactions. It identifies the primary entities involved, including issuers, legal counsel, lead managers, and various specialized agents, and examines how their coordinated efforts contribute to the successful execution of bond issues. The analysis delves into the responsibilities of these parties, particularly the pivotal role of legal counsel in managing due diligence and document preparation, and the strategic function of lead managers in orchestrating the bond issuance. Additionally, the paper contrasts the characteristics and utility of international bonds with syndicated loans, highlighting the factors that influence entities’ preferences for these financial instruments based on current economic conditions and specific funding needs. Through this comprehensive review, the paper aims to elucidate the complexities of international bond issuance and the collaborative interactions that are essential for navigating the global financial landscape, ultimately enhancing our understanding of the mechanisms that support corporate and governmental financing on an international scale

Due to the importance of the works contract, the general law has granted the administration powers to monitor and supervise the contractor during the implementation of those works. Sometimes the matter requires that the administration ask the contractor to carry out works that were not included in the terms of the contract. The justification for the administration enjoying these powers is the connection between the contract and the public utility and the administration’s right to amend it. The occupancy contract is recognized even by those who denied this right to management in other contracts. The legal basis for this right is the rule for the regular and consistent operation of the public facility, and this right is recognized.
Even if the contract texts do not include this, the administration has broad powers in terms of amending this contract, and the administration’s authority to amend the occupancy contract is restricted and subject to conditions, as it does not resort to changing the contracted works or adding work to them except when necessary, and if the administration wants to make an amendment, it must issue an order. In writing, including a brief description of the work, the responsible engineer must specify those additions and amendments required to be made with the contracting party. Additional works or changes are considered part of the original contract.

The public job is one of the important topics within the scope of administrative law, as it is a means of public administration, which carries out its tasks and activities through natural persons who represent it and work for it. The centers of these persons have organized the laws and regulations related to the public job.The laws that organized the public job gave great importance to the public employee, and the reason for this is that the success of the administration in carrying out its duties vis-à-vis the public depends on the competence of its employees and their sense of responsibility and the necessity of achieving the public interest. The public employee is responsible for his actions in all aspects in order to achieve the functioning of the public facility.The legislator has stipulated the right to grant disciplinary authority to terminate the job association unilaterally, that is, on the part of the administration, by imposing the penalty of dismissal, meaning that this decision is taken by the administration without the approval or desire of the public employee, and this is what the laws stipulate, since the relationship between the employee and the state is an organizational relationship and is applied. The penalty is in accordance with the provisions of the State Employees Discipline Law No. 14 of 1991, as amended.The law stipulates the right to grant a special pardon to an employee punished with a disciplinary penalty. This is one of the reasons for a special pardon, which modern laws have stipulated and made it one of the reasons that lead to the expiry of the punishment, as it is one of the ways that lead to correcting errors that may encounter the judicial authority that are discovered later on. Ending the means of appealing ordinary and extraordinary punishment. It is also considered a means of reducing the severity of penalties that the law does not allow for mitigation.

A special pardon is usually a grant of some kind that the executive authority has to grant to individuals who have been convicted of certain crimes, in the form of releasing them or reducing their sentences. A special pardon can have a humanitarian as well as a legal nature, as it can be used for reformative purposes and to improve the effectiveness of the system. Judicial, and the legal aspects of a special pardon relate to understanding the validity and legality of granting such a pardon by the executive authority, and it has social and economic effects, which requires an evaluation of the feasibility of this procedure. A special pardon is a legal term that refers to the official exemption from a specific punishment or punishments for a specific person, which is characterized by its exceptional nature and which It requires a formal decision from the official authority, whether executive or judicial, and the issue of a private pardon raises many questions about justice and its impact on the penal system, and concerns about achieving a balance between the need for deterrence and ensuring justice, and providing the opportunity to rehabilitate the individual who received the pardon.

During the negotiations for its establishment and after the adoption of the Rome Statute established on the seventeenth of July 1998, and its entry into force on July 1, 2002, the Permanent International Criminal Court faced many opinions and proposals submitted by some permanent members of the Security Council aimed at obstructing its establishment or attempting to impose its dominance over its decisions to ensure the achievement of its international interests; Therefore, we believe that its jurisdiction is restricted to the citizens of member states by accepting them or the occurrence of crimes on their territories after their approval or if they were referred to them by the Security Council.
Three of the five permanent members of the Security Council are outside the Criminal Court for not ratifying its Statute, and at the same time they have influence and control over the Criminal Court through the powers of referral and deferment under Articles (13 and 16) of the aforementioned system, in addition to their powers under the Charter The United Nations has the right to veto the decision to refer any case to the court, and this is what makes the international judiciary lose its independence in practice, not in formality, or in litigation procedures; Its decisions have become subject to politicization in accordance with the interests of those countries, and this is reflected negatively on the application of international justice

The recent developments and innovations that have entered medical science have helped to introduce new technologies that help in pregnancy as an alternative to the natural way that is supposed to happen, which is sexual intercourse. This is what led to us being faced with an embryo in whose existence scientific and medical development played a major role. These are what are called human embryos. Laboratory fertilized, and it has taken many forms and forms, especially in Western countries and some Arab countries. Arab jurists have permitted methods of procreation: assisted fertilization between couples who suffer from infertility without permitting it for others, considering it a forbidden and ugly method similar to adultery, while Western jurists have given every man and woman the right to dispose of their human sperm, and these dispositions of human embryos vary to legitimate ones approved by general rules. In civil law and its foundations are Islamic jurisprudence, and other illegal ones aim to trade in these embryos without the permission of their owner.

Positive legislation has been keen to apply contractual balance between the parties to the contractual relationship in all financial transactions, so that the interests of all parties are taken into account, and among these contracts are commercial contracts, which include the contracting contract, the supply contract, the lease contract, and all contracts dealt with between individuals and institutions. The principle of contractual balance and achieving justice is an authentic principle in various positive legislations, and these legislations have been interested in setting the necessary controls to establish this principle from the creation of the contract to its end; Contractual balance is a basic building block for building contractual justice; to perform its function in protecting the weak party in the contract; However, exceptional emergency circumstances or a pandemic may occur that cast their shadows on the contractual process; such as the Corona pandemic, which affected all economic, social and political activities; The Corona pandemic appeared in all countries of the world in late 2019, which prompted the governments of those countries to take precautionary measures to confront this dangerous epidemic, as shops were closed, a curfew was activated, and land, air and sea transport was banned, which led many companies to lay off a large number of their employees to face economic losses as a result of the precautionary measures due to the Corona pandemic (Covid 19)

The Cluster bombs were an important weapon in the world's arsenals over the past half century, their use has drawn sharp criticism due to their impact on the civilian population.
The weapons work by firing dozens of small "bombs" over a wide area. For years, the debate over these weapons focused on whether they violated the rules of international humanitarian law, but the 2008 Cluster Bomb Convention settled the situation and banned the weapons.
However, the major countries that use weapons, such as the United States of America and the Zionist entity, have not joined the agreement, and continue to use cluster bombs.

It is natural for disputes to occur regarding the validity of the representation, whether in the validity of the nomination or the validity of the electoral process , Or changes arise, whether by the will of the member or outside his will, that make it impossible to continue serving in parliament . The Constitution of the Republic of Iraq for the year 2005 adopted two methods in deciding the termination of parliamentary representation or membership . The first method: The Parliament is entrusted to decide on the validity of its members , according to Article (52/First) . However, the decision of the Parliament of Representatives is not final and is subject to appeal before the judicial authority , it is entrusted to the Federal Supreme Court in accordance with Article 52/Second: Appellate jurisdiction to consider appeals against decisions of the Parliament of Representatives related to the validity of membership . As for the second method, the Constitution of the Republic of Iraq for the year 2005, according to (93/third), granted the exclusive jurisdiction to consider disputes arising from the application of federal laws, including disputes arising from the application of the laws in organizing of parliamentary representation, for example exclusively the law of the Parliament of Representatives and its formations, Thus resorting to the judiciary by Submitting appeals is considered one of the most important rights that constitutions are keen to guarantee to individuals, and the Iraqi constitutional legislator did well to highlight the role played by the Federal Court in extending its jurisdiction to terminate the parliamentary representation status of any member of the Parliament of Representatives when they violate their constitutional and legal obligations, especially breaking the constitutional oath.

During the past three decades, business activities have accelerated, expanded in scope, and increased in risk, as they appear unprecedented in the international peace. Numerous international and internal attacks increase their limits to raise awareness and destabilize countries . This is considered one of the most dangerous and greatest challenges to progress. No country is immune from its evil, and no country can suppress it. and it requires adding more international action to the possibility of this global danger being of a cross-border nature, and recruitment, financing, or planning for it may take place in more than one country. The United Nations is considered one of the most important international organizations that has confronted terrorism through its various agencies, the resolutions it issued, the agreements it concluded,and the strategy it followed.
The research aims to clarify the role of the united unit as an independent global organization, exclusive to all countries of the world in its membership, achieving peace and security, and confronting everything that is subject to global control. Therefore, the research specifically aims to identify the various international strategies and their various innovations on the part of the organization in combating the concept.
At the end of the research, we concluded that the United Nations Global Counter-Terrorism Strategy was unanimously adopted by all member states of the General Assembly, consisting of 192 members, in 2006. This gave it a tremendous amount of credibility, which led to its implementation with free will without Bind. But this strategy must be implemented as one of important mechanisms and included in the internal legislation of member states

The researcher addressed an interesting issue, as he addressed the role of the Federal Supreme Court in Iraq in filling the state of the constitutional vacuum. The idea was explained in a balanced manner, pointing out the necessity of inferring the true will of the framers of the constitution to fill this vacuum by the authorities authorized to amend. In fact, the necessity of pointing out in this regard arises. To the cases that could result in a constitutional vacuum, and then the importance of the court’s role in addressing them.

Since the beginning of the legislation of the Iraqi Investment Law No. (13) of 2006, which was a gateway to economic openness and the beginning of the transition to a free economy instead of a command economy in preparation for the return of Iraq to its deserved position, researchers have spared no effort in studying and analyzing the texts of all laws that works to accomplish this. This has been achieved, especially in the investment law under review, as the researchers have endeavored to explain the legal mechanisms that this law has added for the benefit of the investor and what could contribute to attracting foreign and national investments to achieve the desired goal stipulated in Article Two of the Investment Law, and to explain any shortcomings or shortcomings in it. Ambiguity can pose real obstacles to the foreign investor, who will not be reassured unless there is an integrated legal system that guarantees and protects his investments in Iraq. Among the researchers who have devoted themselves to studying the texts of this law (with regard to the issue of legislative obstacles) is our colleague Professor Dr. Akram Fadel Kassir, in his tagged research “The role of the investment law in attracting foreign investments in Iraq - the issue of legislative and administrative obstacles that prevent the entry of foreign capital into the Iraqi markets,” as he reviewed in his research these obstacles in a blessed attempt to find out the shortcomings of this law if it was organized to provide greater protection. For investors, in addition to searching for compatibility with the rest of the commercial legislation supporting this law and the extent to which it can be considered to form a single unit that works to ensure optimal protection for the investor, such as the amended Companies Law No. 21 of 1997, the Insurance Business Regulatory Law No. 10 of 2005, and the Patents, Industrial Designs and Undisclosed Information Law. The lack of a law to protect consumers, unfair competition, and holding companies (at the time of publishing the research), considering that this is the most important problem discussed by the researcher. Through all of this, the importance of this research is not hidden in that it constitutes a distinctive scientific addition for researchers and stakeholders.