Risalat al-huquq Journal

While the terms Arab nationalism, the Arab nation, and the Arab people are abundant and clear in most of the constitutions of Arab countries, we note that their impact has not reached their equivalent in most Arab nationality legislation, and Arab positions have gradually evolved in their dealings with what is meant by the Arab citizen. With the conditions that must be met to grant their nationality, it granted them some benefits, and included them within a group of cases and exceptions.

The use of the right gains great importance, based on historical, social and economic facts, which lead to the recognition of its existence and thus the difficulty of denying it. There is a connection between the right and the law, as the latter guarantees respect for the right, and the right does not exist unless it has a legal basis, to ensure its respect. However, this does not mean that the law is the one that creates the right. The subject of abuse in the use of rights gains great importance in the jurisprudential and legal aspect, such that jurisprudential studies have been interested in the subject of abuse and its development over the ages.

The individual has the right to renounce his nationality, and thus the loss here is by the direct will of the individual himself. Whatever the reason for losing nationality, the loss should not result in an eternal separation between the individual and the state, because there are certain ties that unite him with its society. Just as states allow a foreigner who has never enjoyed its nationality to acquire it, it is even more appropriate to open the way for those who have previously enjoyed its nationality if the reasons for the loss are removed to return to it again.

As a result of the important role that the credit card plays from the economic and banking aspect, and within the framework of its many functions and various advantages that this method can provide to its customers, therefore the legal nature of the credit card system and the legal principles applicable to that card must be determined and reference is made to the legal origin of this. order.

While developing countries are keen to encourage foreign investments in their countries, they legislate laws to adopt international commercial arbitration rules, which must be flexible and full of characteristics and advantages to encourage the foreign investor . Adopting the institutional arbitration system adopted in most economically developed countries, and joining important international agreements, centers and institutions in this field, and strengthening the role of the national judicial authority in ensuring the implementation of the international arbitration decision is considered an encouragement from it and a message that reassures the foreign investor.

The research sought to form a systematic and objective approach between the duality of the economic factor and the criminal text in an effort to determine the areas of influence between them, since among the foundations on which the state is built is the economic factor, which differs from one state to another, but rather changes in the same state from one stage to another, and that is likely to affect legislative policy in general and the policy of the criminal legislator in particular, since the prevailing economic idea in the state constitution and the ideology of those in power change, amend, or create specialized criminal legislation, or there are texts in laws that are not specific to criminalization and punishment, but they address topics related to the criminal aspect. The constitution changes or is amended after each stage, but the general rules in criminal law may precede it and be issued according to an economic policy that differs from the policy brought by the new constitution. Hence, the problem of how to reconcile the prevailing economic idea with the constitution emergency ,The prevailing ideas in the general rules, and it is possible to highlight the examples of economic policy in the special legislation that regulates the provisions of criminalization and punishment directly or indirectly. Giving free rein to the economic factor may lead to an imbalance between interests when formulating the criminal text, but the text goes towards the thought that those in power believe in, which may not achieve a balance between interests, as the economic factor goes towards financial gains and thus may neglect values and moral principles for profitable goals, and this does not stop at criminalization but also includes the punishment aspect, as the economic factor modifies, creates or predominates one punishment over the other according to a specific economic approach, and if this is the case, does the role of the economic factor in this way achieve general and specific deterrence equally or one without the other, and does it ensure a balance between the interests worthy of protection, and this is what

The term is inherent in the lease contract and plays a vital role in the establishment of this contract as it is one of its essential elements. Therefore, the importance of the term in the lease contract highlights as it is a regulator and measure of the rights and obligations of the contracting parties. The term of the lease contract plays a role in the formation of the contract as well as a role in its expiration. Accordingly, this research sheds light on the importance of determining the term in the lease contract to achieve a balance between the rights and obligations of the parties to the contract and prevent perpetual obligations that may burden the parties to the contract. Accordingly, to ensure the application of the rule prohibiting perpetual obligations, the term of the lease contract must be determined, and it is usually determined by agreement between the parties to the contract, but in other cases the law determines it. However, if it is agreed that the contract will be perpetual, then in this case it is permissible to terminate it after thirty years at the request of one of the contracting parties.

Constitutional oversight is an essential part of the Iraqi political system, as it aims to ensure compliance with laws and protect citizens' rights. Therefore, the research aimed to shed light on the special role of constitutional oversight in achieving national security in Iraq. The descriptive analytical approach was relied upon. The research concluded that oversight was approved by the legal legislator, as it is an important guarantee to prevent the tyranny of parliament and an important means to ensure freedom. It contributes to the development and implementation of policies related to national security, in preparing the necessary plans and programs to enhance security and stability in the country. Therefore, constitutional oversight in Iraq plays a vital role in achieving national security by monitoring the authorities and ensuring compliance with laws and constitutional principles. Accordingly, the study recommends the necessity of activating the role of laws in achieving constitutional oversight to achieve national security in Iraq.

Since transportation occurs between countries, it is uncommon to see a passenger on an airplane without luggage that he has purchased to make his journey easier. This luggage may be small bags that the passenger keeps in his assigned seat on the aircraft or large bags that he gives to the airline to ship.
Since transportation occurs between countries, it is uncommon to see a passenger on an airplane without luggage that he has purchased to make his journey easier. This luggage may be small bags that the passenger keeps in his assigned seat on the aircraft or large bags that he gives to the airline to ship.
The existence of such luggage serves as justification for broadening the carrier's responsibilities to include, in addition to those pertaining to the passenger, other responsibilities pertaining to that luggage, particularly the obligation to preserve it. This, in turn, creates a number of real-world issues that airplanes frequently face due to damaged luggage, which ultimately necessitates determining the legal regulations that guarantee the passenger's protection from any damage to his luggage during the execution of the air transport contract.

The research took the idea of simplifying administrative litigation procedures as the focus of the study, as it is one of the important characteristics of administrative litigation procedures, as the more simple and easy these procedures are, far from being complex and protracted, the more they are a refuge for the oppressed, unlike if they are complex, slow, and expensive, making the decision based on them a waste of the rights of its owners and weakening society’s confidence in its justice
The research sought to explain the concept of simplifying administrative litigation procedures, determine its legal basis, and diagnose the means of achieving it and its implications.

The research is concerned with the alignment between public opinion and policy making on the US Supreme Court, highlighting the influence of public opinion on clerks as a pivotal and widespread factor throughout history. The research identifies two main theories about how public opinion is reflected in the judiciary: the first does not acknowledge its direct influence through popular elections, preferring to suggest a direct causal relationship between public preferences and Supreme Court policy, particularly in minority protection cases

The powers of the Authority for the Appointment of the Authority in Iraq are to resolve the dispute over jurisdiction between the ordinary and administrative judiciary bodies. Our Iraqi legislator has distinguished between two types of dispute over jurisdiction. The first type is that which occurs between a civil court affiliated with the ordinary judiciary body and another court affiliated with the administrative judiciary body, which the Authority for the Appointment of the Authority decides on. This dispute has three forms: it may be a positive dispute, a negative dispute, or a dispute in the form of conflicting judicial rulings.
This type of dispute over jurisdiction is the subject of our research. As for the second type of dispute, it is the dispute that occurs between the courts affiliated with the administrative judiciary body, specifically between the Administrative Judiciary Court and the Civil Service Judiciary Court, as the Supreme Administrative Court is competent to decide on this type of dispute, and it is the one that appoints the competent court to consider the case in question. This last dispute is outside the scope of our research.

The right of retention serves as a significant guarantee available to the pledgee in possessory pledges but not in mortgage pledges. In addition to the right of retention, other privileges include the right of priority and the right of pursuit.
The rationale behind limiting this privilege to possessory pledges, rather than extending it to mortgage pledges, lies in the fact that possessory pledges may apply to both immovable and movable property. The importance of the right of retention is particularly pronounced in the context of movable property, given its inherent nature of being easily concealed and transferred, which increases the risk of compromising the pledgee's security. Thus, the existence of this right constitutes adequate security for the pledgee in possessory pledges.
Civil legislation regulates this right by requiring the transfer of the pledged property from the pledgor (debtor) to the pledgee (or a neutral third party). Additionally, it specifies the duties of the pledgee, particularly as a custodian, with one of the most crucial obligations being the return of the pledged property.
In this research, we aim to thoroughly examine and analyze the right of retention over pledged property, detailing the implications of retaining the pledged property, the circumstances under which the pledged property is returned upon the termination of the pledge, and instances of returning the pledged property before the pledge period ends, along with the resulting legal effects.

This study dealt with the origins of contemporary criminal policy (penal division system(,By dividing it into two sections, The first section dealt with the concept of the system of fragmentation of the penalty and its legal provisions, As well as legal and realistic standards, the second topic It has been dedicated to clarifying similar applications in Iraqi legislation Evaluation of the relationship between the system of division of sanctions and similar applications in Iraqi legislation. A set of conclusions and recommendations were reached, One of the most important results is that the system of division of punishment is not an abstract or random legal idea found in the texts of French and Egyptian legislation. Rather, we noticed that it is a theory that has specific foundations, rules, purposes and controls, and thus the Iraqi criminal legislator can adopt it like the French and Egyptian Penal Codes. As for the most important recommendations, we note that the Iraqi legislator has adopted many alternative penalties. As an effective measure to get rid as much as possible of the penalties depriving liberty, whether in the Penal Code or the Juvenile and Minors Welfare Law of 1983 Therefore, the invitation is addressed to him to apply the system of division of punishment as an alternative to short-term custodial penalties that do not exceed their duration. For one year, for socio-psychological, medical and professional reasons of the convict, and guided by the provisions of French and Egyptian law within the scope of the division of the fine.

Recently saw the use of multiple e-payment cards in business transactions between individuals and banks Having become one of the important means in the trading community for the completion of commercial transactions that are the cornerstone of the advancement of trade by granting the holder the right to obtain financial money to the extent permitted on the basis of the contract with the issuer of that card, This has led to the increasing use of electronic payment cards as a sophisticated means of debt performance The electronic payment card is one of the most important facilities produced by the commercial environment in light of the technological development as a modern electronic payment method, However, in the light of this tremendous development in the field of technology, such cards may be illegally abused by the holder, whether the owner or anyone else. As there is no legal regulation regulating the use of the electronic payment card and preventing its misuse by the holder, which has led the issuers to uniquely establish the terms and conditions of its issuance, taking essentially into account their own interests without customers, Hence the problem of research, since the absence of legal adaptation of the illegal use of electronic payment cards is the problem of research The electronic payment card may be misused by the card holder or by the merchant or the issuer of the card. The electronic payment card was first introduced in Iraq's history after 2005. Banks began issuing the cards. The Bank of Iraq was at the forefront of the banks that started issuing the electronic payment card to the bank's customers.

Technology has witnessed an accelerated development that has had a significant impact on the legal and economic systems in various countries of the world, including Iraq The research seeks to examine the impact of technology on development of the legal system for electronic payment in Iraq by reviewing the current legal framework, identifying the challenges facing it, and proposing technical and legislative solutions to enhance its effectiveness. The research deals with the concept of electronic payment and its importance in promoting the digital economy and reviews the Iraqi legislation regulating electronic payment operations such as the Electronic Commerce Law and the Anti-Cybercrime Law, and the research focuses on analyzing legal and technical gaps in this context, including the absence of comprehensive legislation that covers all aspects of electronic payment and the lack of a unified system for the protection of personal data. In addition, the research highlights the role of modern technology such as artificial intelligence and blockchain technology in improving the efficiency and transparency of electronic payment systems and enhancing user confidence. Sustainable development, and the reform of the legal system of electronic payment in Iraq are essential elements to support the digital economy and achieve sustainable development.Iraqi laws have begun to address the issue of electronic payment within the context of digital transformation, but these treatments are still limited. Among the most prominent relevant legal texts, including the Electronic Signature and Electronic Transactions Law No. 78 of 2012, where it set legal rules for the recognition of electronic documents and digital signature, which is the basis for regulating electronic payment, the Anti-Cybercrime Law, which aims to protect electronic transactions from crimes such as fraud and penetrations, and the Banking Law, which regulates the work of electronic banks and electronic payment services, but all of them need updates to keep pace with modern technical developments and despite the existence of these legislations, However, the absence of a comprehensive and integrated law that clearly regulates electronic payment is a legal gap that needs to be addressed.

Contractual good faith has gained increasing importance in contemporary laws, including the Iraqi Civil Code, and one of its advantages is that it allows the obstacles to the implementation of contracts to be addressed in a more flexible and practical manner, but the predominance of the principle of good faith in the absolute organization of the contract also generates the risk of threatening contractual agreements, being a potential source of legal uncertainty, and for this reason one of the basic tasks of jurisprudence is to determine the parameters of this principle, in order to control its application and management, and this requires a distinction between The different functions of the principle of good faith in contracts, which have legal effects vary from one stage to another, and then we compare this between the Iraqi and English civil laws. This research deals with the function of the principle of good faith, i.e. determining the scope of its application, as it can be according to the Iraqi Civil Code to be a source of secondary or additional obligations, which can never change the function of the contract as a whole or contradict with any explicit obligation of obligations, the contract must be implemented in accordance with the rights and obligations it contained, but in the English Contract Law it is different as it has not been explicitly recognized for any role of this principle except for some Signals relating to acting reasonably and predictably, acting honestly, not providing false information, acting appropriately in accordance with the purpose of the contract, monitoring reasonable commercial standards and acting in accordance with the parties' justified expectations, but it seems that Brexit may hinder the adoption of the principle of good faith as the basis of implied terms or secondary obligations of the contract.

It is no secret that development has affected most aspects of life, and the developments of public needs have multiplied and, as a result, have begun to increase steadily. On the other hand, we notice the limitations of public facilities and the contradiction in their competitiveness of private projects, which also seek to satisfy public needs, even if in exchange for a fee. Therefore, it is necessary to search for the provisions of these projects. Legal issues, especially related to those working in them, should be investigated in light of the legal provisions regulating those facilities, and since private higher education is the most prominent example of the above, we therefore preferred a partial study related to employees in universities, colleges, and private institutes in light of the Private Higher Education Law No. (25) of the year 2016 It is necessary to determine the legal status and the impact on the emergence of the legal status.

Labor legislation was keen to provide legal protection to the party who may often be described as the weak party in order to protect his rights before the employer, who has administrative and disciplinary authority in managing a project. One of the most important protections was that the worker should not be subjected to illegal termination of his contract and that he should be in Guaranteeing his rights against unemployment, but at the same time, the labor legislator has balanced the rights of the worker on the one hand and the employer on the other, and not enriching the worker over the latter by finding a legal means to resolve disputes, which is arbitration, and with controls and conditions set by legislation and within narrow limits and specific cases in order to preserve professional relations. And social peace.

The job, as it was said, is a trust and a responsibility that falls on the public employee and the university employee towards the administration and individuals alike, as most of the laws that regulate work in the public job in general and the university employee in particular stipulate that the university employee and the appointee be placed on probation in all three cases, whether he was appointed for the first time in the job or one who was reappointed a second time or one who was promoted to a higher position than he previously held in the administrative ladder, and what concerns us is the appointment of the university employee, as he is placed on probationary period as a basic period in the life and career of the employee and for a known and specific period of time that negates ignorance according to legal articles in order to ensure his professional and ethical behavior and to determine the extent of his ability to shoulder the burdens of the job assigned to him by law and to provide it with good quality and in the best possible way, and he must obligatorily exercise the care of the usual man in performing the job assigned to him and without any delay or laxity that may be issued by him during the probationary period.

The powers of the ruling authorities vary according to the political system prevailing in the state. If the head of state holds the executive authority and acts as the head of government, and there is no prime minister alongside them, the system is presidential. This system is based on the principle of rigid separation of powers, and the head of state holds many powers, being the dominant figure in the executive branch, setting the general policy of the state and overseeing its implementation. However, if there is a prime minister alongside the head of state, with a flexible separation of powers based on cooperation between them, the system is parliamentary. This system is founded on the principle that the head of state reigns but does not govern. Although the systems and constitutions of states differ, each country has a president who represents the sovereignty of the nation and is a symbol of its unity, with their powers defined by law. In the case of the Federal Republic of Iraq, its constitution begins with a general provision in Article (67), which outlines the significant powers of the head of state through which the powers mentioned in the other articles are executed

There is a question that we are trying to answer in this research, which is that the Iraqi Federal Supreme Court, which is competent to consider the constitutionality of laws, in addition to interpreting the texts of the constitution, with its powers that were exclusively determined by Article (93) of the constitution, and it exercises those powers, does this enable it to amend or cancel the government program by a decision issued by it, especially since this program is a law voted on by the House of Representatives and has become mandatory for implementation by the executive authority, in addition to the integration of this program, which is a future vision for the government’s work program for the coming period, and that any failure to implement it may hinder the work of the government on the one hand, and on the other hand may lead to disruption of projects linked to each other, but the claim that this mission is denied to the court is an exaggerated statement before putting it on the table for research and scrutiny, as the court has a group of powers through which it monitors the work of the legislative and executive authorities, and in doing so, it is keen to implement the texts of the constitution and not violate them on the one hand, and monitors the direction of the authorities towards achieving the supreme interests of the country in accordance with the laws and legislation in force.

International trade has multiple aspects that are applied in external reality through tools known by legal jurisprudence as contracts. The most prominent of these contracts in the field of international trade are international sales, in addition to international transportation, the technology transfer contract, the international commercial manufacturing contract, in addition to modern international commercial tourism contracts. However, international sales contracts remain the main driver and the most prominent tool for work in the field of international trade and its importance. These contracts are increasing day after day because they are considered the driving fuel of the international trade field. These contracts are multiple and varied and differ according to the stages of international trade. We found that these diverse contracts began to emerge on the commercial level since the twenties of the last century, then developed gradually in the fifties. Then, the matter soon increased in diversity and multiplicity until international efforts were made to unify them and formulate them in one crucible. From here The spark of international trade agreements was ignited and they achieved what they wanted with the issuance of the Unified Sales Law. Then, as a result of the failure of many countries to ratify the Unified Sales Law Agreement, international efforts became more concerted to agree on issuing international agreements that would bring them together related to international sales. This was achieved by many countries agreeing to issue the 1980 Vienna Convention, which was known as the International Sales Convention and was ratified by more than 80 countries. However, what distinguishes this convention is that it did not address all the provisions of international sales, so some matters remained to be referred to. For the parties to the relationship or the law of the state to which they belong, in addition to the fact that there are some issues that the Vienna Convention of 1980 referred to in general without detail, including the idea of compensation, from here arose the idea of research that revolved around a template that results in setting a general framework for compensation as a traditional idea present in most national laws, so how is it distinguished in the field of international trade? From here we will proceed to explain the concept of compensation, which is based primarily on the general rules in comparative laws with a statement of the specificity in the organization in the field of international sales contracts. This is what prompted us to know a specific idea represented in knowing the international sales contract in international trade, then we go to explain the obligations of the parties in international sales and conclude that focusing our research on clarifying compensation in the field of international trade, which is distinguished by a certain specificity in terms of definition and conditions, as we will discuss in this research what was mentioned above in detail

The discussion about the purpose of the company and the goal it seeks to achieve has caused a clear division in the legal jurisprudence concerned with corporate law, which has led to the establishment of two schools of thought, each adopting a different approach. The proponents of the Shareholder Primacy theory argue that the company's purpose in practising its activity is represented by a single mission: increasing profits. In contrast, the stakeholders primacy theory adopts a different position and believes that the goal of the company is to achieve profit in the long term, which is based on taking into account the achievement of benefits for all groups contributing to the operation and success of the company, including employees, workers, consumers and local communities surrounding the company. Stakeholders have a real value in the company's existence and are the environment of the company with which it interacts negatively and positively. Therefore, measuring the extent of the company's success should not be limited to the benefit it achieves for one category (shareholders only), but rather, the different categories of stakeholders must be considered. The arguments for discussions about these two theories have developed greatly, and trends and positions have been formed based on them in many legislative, judicial and executive bodies, as countries with liberal systems, most notably the United States of America and the United Kingdom, have adopted the theory of shareholders' priority in their laws.In contrast, the legal systems that most rely on the theory of stakeholders are countries with a historically socialist tendency, whose jurisprudential opinions and legislative positions were based on taking into account the public interest or the social function of economic activities, most notably the German and Japanese law systems. The effects of determining the purpose of the company extend to the pillar of its legal organization, especially in the field of the nature of the company, its ownership structures, the scope of the partners' exercise of their rights and the method of its management, in addition to its oversight and accountability, as some legislations, especially those that recognise the rights of stakeholders, have worked to strengthen their previous approach and add more organization to ensure that companies fulfil their responsibilities towards stakeholders. At the same time, other countries, which have always adopted the idea of shareholders' priority, have developed their legislation in different ways that allow for expanding the scope of corporate responsibility to include, in addition to shareholders, other stakeholders, both internal and external, in a way that ensures the preservation of the company's economic existence regardless of the impact of this on the rights of partners.

Countries have been interested in the case of wanted fugitives for committing terrorist crimes because of the impact of these crimes on the safety and security of the entire international community. Iraq has adopted the issue of the trail of the accused of crimes committed by ISIS, as members of this organization have affected its security and internal system, in addition to the stability of the security and safety of its neighboring countries, and the Iraqi judiciary faced some difficulties with regard to ISIS women due to their different nationalities. It was careful to deal as much as possible with this group by providing guarantees for the rights of the accused to achieve procedural legitimacy from the moment of their arrest until they are tried and a just ruling is issued against them.

Drugs and psychotropic substances and their effects constitute a danger to society in general, but for those who lack legal capacity, especially at the age of juveniles, they are considered the greatest danger because of their effect on perception and will, which prompts them to commit illegal acts. If a person causes harm to juveniles and their guardians through illegal acts of drugs, here they must be compensated for material and moral damages. Both, and this is a right guaranteed by law to the injured person through civil lawsuit procedures, but in our research there is an overlap with the criminal claim to claim compensation because the origin in the eyes of drug lawsuits is by the criminal judiciary or juvenile courts for juveniles, but can that judiciary determine compensation for the person harmed by illegal acts? For drugs

This study deals with exaggeration as a common characteristic in commercial advertisements and attempts to clarify its legal system by stating the limits that should be framed by this exaggeration so that it does not lead to misleading the consumer. This study attempts to touch the dividing line between exaggeration, lying and misleading in commercial advertisements. The study concluded that exaggeration in commercial advertisements is legitimate whenever it focuses on secondary characteristics that do not contribute to forming the motive motivating the consumer to contract or if the advertisement includes a metaphorical exaggeration that does not lead in any way to misleading the consumer.

Armed conflicts usually cause damage to the natural environment, including water resources needed by the population for survival. International humanitarian law protects the natural environment as a civilian object, including water resources, as well as objects indispensable to the survival of the civilian population, such as water treatment and distribution facilities. Respecting international humanitarian law would mitigate the impact of armed conflicts on the natural environment and reduce the risks faced by civilians, especially with regard to access to water, as water resources are one of the main inputs used by parties to armed conflicts in confronting states, especially in light of the complexity of these conflicts, their length, the absence of water alternatives, and the impact of climate change on conflicts. The best example is what Arab countries, including Iraq, Yemen, Syria, and Palestine, have been exposed to, if water is used as a means of war, whether by armed groups or terrorist organizations while they are fighting regular armies and focusing on weakening the management of the infrastructure, so that the main goal is to control water reserves or water infrastructure and use them as a means of harming the enemy or coercing the civilian population.

The ship, as a floating tool dedicated to maritime navigation, takes this description regardless of its size, tonnage or method of construction. The description of the ship's administrative body is not important because what matters is its dedication to maritime navigation. Hence, the dedication of the ship to maritime navigation is the criterion for its subjection to the legal system that governs ships. Therefore, the legislator has surrounded the ship with general provisions that collectively define a distinctive legal system for it, as it enjoys, as a tool for maritime navigation, a special legal system that includes a number of elements that collectively constitute its civil status, which allows for the identification of its identity in a way that distinguishes it from other ships, in addition to an international legal system whose features are determined by its nationality. It also has an administrative system in addition to a security and safety system.

Judicial security is a basic pillar for consolidating and building the state of rights and law.Judicial security is also not limited to a specific judicial body, but rather to the judiciary in its various branches, whether it is an ordinary or specialized judiciary. Rather, it even exceeds the limits of the national judge in some cases, as is the case, for example, with regard to the implementation of foreign judgments. It has become clear to us through this study that there are several Judicial security guarantees, including constitutional guarantees, And other judicial guarantees. The constitutional judiciary is the main guarantor of achieving sustainable development by enforcing the rule of law and protecting basic rights and the environment, thanks to its ability to review laws and policies and ensure their compatibility with the principles of sustainable development. Because the function of the judiciary lies in examining the constitutionality of laws and legislation related to achieving sustainable development, through judicial rulings issued by the Federal Supreme Court, which enshrine and strengthen the principle of the supremacy of the constitution and the independence of the judiciary.The constitutional judiciary in Iraq plays an essential and effective role in protecting the right to sustainable development through the availability of basic components, including the independence of the judiciary, its integrity and impartiality, the provision of justice, the protection of rights and freedoms, and the achievement of the principle of legality, which in turn is reflected in the achievement of sustainable development. In addition to the role of the Federal Supreme Court in monitoring the constitutionality of laws, which is considered a check on the movement of society in various fields. Respect for human rights, including the right to sustainable development, is an important element for building civil and democratic societies. One of the most important problems of this study is the lack of constitutional and legal regulation regulating the right to sustainable development in Iraq. What is the impact of judicial security in achieving sustainable development, by adopting the analytical approach? The research was divided into two sections. In the first section, we address the concept of sustainable development and judicial security. As for the second section, we discuss the impact of judicial security and constitutional judiciary on achieving sustainable development. In conclusion, the research reached several results, including the existence of legislative deficiencies in the laws related to sustainable development in Iraq, and that the obstruction of the functioning of these laws is due to the absence of a stable legislative policy, as there are many stalled draft laws related to sustainable development.

After the great revolution that the Internet has caused in the world, as they say, the world has become a small village and has saved the world a lot of trouble in terms of communication and many other positives, but the emergence of the Internet was accompanied by other major problems as criminals used it to achieve their criminal goals, especially with the possibility of hiding behind pseudonyms or fictitious places and the ease of communication and shortening distances. The second problem is the shortcomings of criminal legislation in the world as a whole, not just in Iraq, but most of these countries have rushed to enact new laws to address the shortcomings in their legislation in order to keep pace with the tremendous development that has occurred and to achieve general and general deterrence for criminals, but Iraq still suffers from legislative shortcomings in this field and has drafted a law to solve the problems of electronic crimes, but the law has not yet seen the light of day. We also discuss some of the treatments carried out by the Supreme Judicial Council in Iraq to address some crimes such as the crime of low content in Iraq. We also discuss the draft law on information crimes in a study analyzing it in some of its articles.

The application of the rules of trade law is not limited to commercial work only, but also applies at the same time to everyone who acquires the status of a merchant. This is because trade law is based on two axes: the first axis: commercial work, and the second axis: commercial craft, and the law is concerned with the people to whom it applies. Their activity is governed by this law and that the person who acquires the status of a merchant becomes in a special legal position and is subject to special provisions that apply only to merchants

The research topic: (Criminal confrontation of crimes affecting children’s lives) has a practical place to guarantee the child’s right to enjoy protection away from acts of murder, incitement to suicide, violence and abuse, as the child is weak at this stage; He cannot defend himself in the face of the dangers to which he is exposed. He is innocent and needs care and attention for his physical and psychological rights alike, in addition to society’s view of the child as the nucleus of the future that must be preserved and his physical, mental, and psychological well-built. Although there are some provisions in the Iraqi Penal Code No. 111 of 1969, In force, which provides general criminal protection for children’s rights. However, the foundations of protection need to speed up the legislation of a special child protection law in order to improve the situation of children. The philosophy of protection in the research topic; It is an apology for the child’s youth, his ignorance of life, and his weak awareness of responsibility. Psychological security is primarily linked to the primary responsibility for the child, which is the family. The importance of providing protection under the criminal law for children without care in particular, who are: (orphans and street children), as they are more vulnerable to crimes that threaten their lives.

In this study titled "Bequeathing Mortgaged Real Estate and Its Legal Provisions: A Comparative Study between Iraqi and Iranian Law," the researcher delves into an in-depth examination of the topic of bequeathing mortgaged immovable properties and the legal handling of such cases within Iraqi and Iranian legislation. The central issue lies in assessing the legitimacy of the testator’s disposition over mortgaged property through a will and the impact of this act on the rights of heirs and creditors, especially given the financial obligations that exist towards creditors. The importance of this study is heightened due to the legal complexities surrounding the disposal of mortgaged assets posthumously, highlighting the need for a balance between the rights of the testator, heirs, and creditors.The primary goal of this research is to provide a comprehensive comparative analysis of Iraqi and Iranian laws concerning bequests of mortgaged properties, emphasizing the similarities and differences between the two legal systems. Additionally, the study aims to understand the jurisprudential and legal frameworks governing this matter, examining how well these laws align with modern legal developments that strive to safeguard the rights of all involved parties..The main research question addressed in this study is: How do Iraqi and Iranian laws approach the issue of bequeathing mortgaged real estate, and is it possible to execute a will in the presence of existing mortgages? Furthermore, what conditions and restrictions do the laws in each country impose to ensure the protection of all parties affected by the will, whether they be heirs or creditors? This study adopts a descriptive-analytical methodology to review and analyze various legal texts and judicial rulings, as well as the jurisprudential interpretations related to wills in Islam and how these principles are applied within civil laws.

The phenomenon of human trafficking is not a product of the modern era, but has been present since ancient times, in various forms such as slavery, sexual assault, forced labor, prostitution, and other forms of criminal activity that are called human trafficking in the modern era, and the emergence of new dangerous forms that did not exist in the past as a result of electronic and digital development that helped spread and expand the scope of its commission until it became an international crime across borders such as human organ trafficking, prostitution via the Internet, and the sale of women and children via social media. In the face of this serious crime, the international community has made great efforts to combat and address the crime of human trafficking, and Iraq is one of the countries that has worked to confront this crime because of its extremely dangerous effects on the security of the state and society alike, as it involves harming the rights of individuals and attacking their freedoms, dignity, and physical integrity. Therefore, the Iraqi Council of Representatives enacted the Anti-Human Trafficking Law No. (28 of 2012) in force, as this crime has become a more widespread phenomenon within Iraq after the occupation of Iraq in (2003) and the emergence of images of new crimes of extreme danger that were not widespread. Including crimes of domestic violence, enforced disappearance, prostitution, human organ trafficking, extortion, financial and administrative corruption, and others. The law was issued and the reasons for its legislation stated: “For the purpose of combating the crime of human trafficking, limiting its spread and effects, punishing the perpetrators of this dangerous act that insults human dignity, and in order to establish mechanisms that ensure assistance to victims of human trafficking, this law was enacted.” In order to shed light on the above law and demonstrate the effectiveness of the law and the means and mechanisms stipulated by the Iraqi legislator to confront the crime of human trafficking.

Civil liability of a lawyer is of great significance due to the crucial role they play in protecting individuals' rights, especially for vulnerable groups who rely on their competence and integrity. This issue becomes even more important given the lack of clear legal provisions in Iraqi legislation that specify the lawyer's responsibility for professional errors and outline compensation mechanisms for damages incurred by clients due to such errors. There is a pressing need to establish precise legal standards for assessing a lawyer's performance and defining compensation frameworks to balance clients' interests with the protection of the legal profession. Moreover, it is essential to distinguish a lawyer's civil liability from that of ordinary individuals due to the unique nature of their profession and its social importance. This differentiation aims to prevent some lawyers from exploiting their legal knowledge to evade obligations toward clients and avoid accountability for professional errors they may commit.

Workers are the key element in the production process of any society. However, they often face exploitation by employers, which negatively affects their productivity and job stability. Therefore, the Social Security Law serves as a lifeline for the workforce in various productive projects. Under this law, workers can enjoy and secure their rights and benefits guaranteed by divine laws, international charters, and agreements. As a result, the Social Security Law acts as a financial and social safeguard for workers, ensuring a decent life for them and their families in case of any workplace emergencies. Ultimately, a worker’s participation in social security and the payment of their dues is, above all, a guarantee for their future.

Press freedom is an important part of the public freedoms included in the principles of human rights, and also an indicator of political, social and economic development. It is a fundamental human right and a standard for all freedoms that democratic countries seek to achieve.
Despite the importance of press in the democratic system, it is not absolute, it is relative and restricted by a set of moral, social and religious controls that preserve the rights and freedoms of the individual. International treaties have emphasized its enactment and organization as a basic human right. This right, though, must be exercised in conjunction with respect for the rights and freedoms of others, and the protection of order, public interest and morals.
The relationship between press freedom and political authorities has been characterized as a crisis that extends since the press's birth. Political power remained highly sensitive to press freedom and practices in general. International and Arab reports were abundant in many facts that give a bad picture of the human rights situation and press freedom in Iraq, which lagged behind the rest of the world in the area of civil and political rights, including freedom of the press.

The research presented between its pages the nature of the homeland and its concept from a linguistic and technical perspective, and what came in its definition in the Iraqi civil law, while addressing the definitions contained in the Arab and international constitutions and laws, specifically the Egyptian and French law, as well as the citizen and his nature and the connection between the civil law and the nationality law in defining the citizen and citizenship by granting him citizenship. The topic of the homeland and citizenship is one of the sensitive topics related to the security and sovereignty of the state, as it determines the contexts that link the state with all its institutions with the citizen and citizenship on the one hand, and with the homeland as the incubator of the citizen and the state on the other hand, so the Iraqi state was keen to clarify the concept of the homeland and the citizen in the civil law on the one hand and the nationality law on the other hand. From the research, we find that the Iraqi civil law has set the general framework for the concept of the homeland, which is what made it independent from the rest of the Arab and international laws that did not refer to the homeland or the definition of the homeland, while it was similar to the rest of the laws in terms of its definition of the citizen and the nationality granted to him, and the rights and duties resulting from that citizenship.