Risalat al-huquq Journal

Our study addressed the concept of 'profitable error,' which was initially rooted in English jurisprudence and has cast its shadow over several laws. Some jurisdictions have adopted it and issued rulings based on it, while others are still exploring mechanisms for its application, recognizing it as a legal reality that cannot be overlooked. This concept has revealed gaps in the long-established civil liability system, which has had stable rulings for many years.
The evolution of human thought and the increasing tendency to prioritize personal interests over ethical and legal principles have led to the emergence of a new type of error, namely the profitable error. The perpetrator of this error seeks to obtain profits and gains through unlawful means, disregarding the financial burdens imposed by law as penalties for their actions, since the anticipated gains far exceed the expected penalties. Consequently, the purpose of civil liability has become threatened by its ineffectiveness, with some even describing it as enticing for offenders due to its lack of deterrent elements.
Therefore, there is an urgent need to revisit civil liability rulings to combat this type of error by revitalizing its punitive and deterrent functions, in addition to its remedial role in compensating for harm. This can be achieved through the imposition of a specific type of punitive damages, known as punitive compensation, aimed at deterring such profitable errors.

Environmental pollution in our contemporary world is one of the most serious problems facing humanity and living organisms within the biological diversity of the planet Earth, as environmental pollution causes a direct impact on the continuity and sustainability of life. This pollution is mainly attributed to human activity, which is considered one of the most important factors influencing this dangerous phenomenon. This activity results in an imbalance in the natural environmental balance, and reaches a stage that can be described as a disaster stage, which requires taking the necessary measures to reduce the warnings of environmental pollution. Therefore, it was necessary for human intervention in all fields to address the problems facing the environment, given their direct impact on the health and life of humans and other living organisms. This intervention included legal regulation to protect the environment, as it was adopted and classified as a human right at the national and international levels. With the development of the concept of legal regulation of human rights, the concept of legal protection of the human right to a balanced and healthy environment has also developed, and many national legislations and international agreements and treaties have stipulated the necessity of taking appropriate measures to protect the environment from pollution. The issue of environmental pollution occupies a vital space and unparalleled interest in modern societies, including Iraqi society, where the Republic of Iraq is witnessing serious environmental challenges that require an immediate and effective response from legal aspects, to understand the legal challenges related to confronting environmental pollution in Iraq.

It has become necessary to have a board of directors that can establish systems and mechanisms that ensure the company\'s respect for laws and regulations, and that is able to bear full responsibility towards the company and society, and is always ready to confront and address any problem, and that it exerts its utmost efforts to take into account the interests of the company and shareholders by using the company\'s assets and financial and human resources in a way that achieves its purposes, and that it achieves the company\'s success by preserving its interests and developing its resources, and that it works to improve the company\'s performance by directing and supervising its affairs and monitoring the management\'s performance and treating shareholders fairly and equally. Therefore, the rules of governance encourage boards of directors to be active and independent-minded. When boards of directors become vigilant and active, they gain the trust of shareholders and urge the company\'s management to achieve better performance, as boards of directors are more effective in carrying out their supervisory role when they enjoy a sufficient degree of independence from executive management.

Oil represents a wealth of utmost importance to oil countries that depend on oil to provide their national income and support their renter economy. Oil investment contracts are of greater importance because they help develop these resources and facilitate their investment, as they are concluded between the state, represented by its public oil companies and institutions, on the one hand, and private foreign oil companies, on the other hand, which raises issues related to the legal adaptation of this type of investment contracts.
Given that our study is related to contracts related to parties of different nationalities, we must study the subject of the dispute in its international form, as our study was limited to oil licensing contracts, which are mostly formed by a state and a foreign company or companies, i.e. a relationship of an international nature.

Electronic espionage is a criminal model that has emerged recently, and the definitions that have been developed for this crime have varied among themselves because this crime is distinguished from the rest of the crimes in terms of speed in its completion and the possibility of erasing and destroying evidence, which is difficult to detect the perpetrator and the fact that it does not need force and violence in its implementation, moreover, it is considered a cross-border crime, so electronic espionage is one of the most serious crimes related to information technology and one of the most prominent security threats to governments and citizens by internal intelligence or Therefore, the crime of electronic espionage has become the subject of wide controversy in international forums, due to its serious effects, whether on the personal, political, economic, security or even social levels, which prompted the international community and international bodies and organizations to cooperate and address this crime and combat it through the adoption of international conventions and special protocols

The spread of financial and administrative corruption crimes is one of the challenges and obstacles that stand in the way of the development and prosperity of the state, because of the dangers these crimes pose that threaten all institutions in the various private and public sectors. However, its effects in the developing world are more devastating, as corruption harms the poor and funds intended for development, undermines the government’s ability to provide basic services, leads to bias and injustice, and discourages foreign investment and foreign aid. Corruption is a major element in the deterioration of economic performance and a major obstacle to development and alleviating poverty. If the corrupt person is left to his corruption, it will continue and worsen indefinitely

من حق الفرد ان يتنازل عن جنسيته وبالتالي يكون الفقد هنا بإرادة مباشرة من الفرد نفسه، وأياً كان سبب فقد الجنسية فإنه لا يجب ان يترتب على الفقد انفصال أبدي بين الفرد والدولة، لكون هناك روابط معينة تجمعه مع مجتمعها، فكما ان الدول تسمح للأجنبي الذي لم يسبق له التمتع بجنسيتها من اكتسابها، فإنه من باب أولى فتح المجال لمن سبق له التمتع بجنسيتها اذا زالت اسباب الفقد للعودة اليها مرة أخرى.

The term expatriate citizen is one of the rare terms that highlights the self-identity of the legislator in some Arab nationality legislation, which shows the specificity of some legislation and its independence from the established concepts in jurisprudence and comparative law. This concept constitutes a striking departure from the familiar divisions and prevailing standards that allow for distinction between the national and the foreigner and between the Arab and the foreigner. Arab nationality legislations were distributed in their dealings with it in two concepts: The first concept: a narrow national concept that reflects in legal language the connection between an expatriate individual and his former country, and the second concept: a broad national concept that linked citizenship not to the legal origin derived from the provisions of positive nationality, but to the historical national origin, i.e. from the social root of nationality and the idea of the nation.

The theory of abuse of right occupies great importance in the world of law in general and in the scope of civil procedures in particular. This importance emerged after the matters of life became more complex and complicated, as disputes increased and the means of resolving them became more complicated and different forms of resorting to legal tricks, evasion and attempts to obscure the truth began to appear, and stubbornness in the dispute replaced tolerance and acceptance of what is right and just.

The Integrity Commission is one of the independent bodies which stipulated – In Ch. 4 of Art. 102 - in the Iraqi constitution in force for the year 2005. One of most important prerequisites that should be provided by the political and legal system in the country is the independence of the bodies competent to combat financial and administrative corruption. Article 1/Second of Law No. (30) of (2019), the First Amendment Law to the Integrity Commission Law No. (30) of (2011), indicated that the Commission means the Federal Integrity Commission. While Art. 2 of Integrity Commission Law in force No. 30 of 2011 defined the Integrity Commission as follows: “The Integrity Commission is an independent body that is subject to control of Council of Representatives. It has a moral personality along with financial and administrative independence, represented by its president or whoever who authorizes.”This independence is accomplished through the independence of its administrative structure in terms of controlling work. The attitude of the Federal judiciary Supreme Court, through the interpretative opinions of the body’s constitutional provision, has been inconsistent between acknowledging the independence of Integrity Commission and making it dependent to Executive Authority in terms of its work.This was extremely condemned by Iraqi legal jurisprudence. The provisions of the Integrity Commission Law included mechanisms in appointment of the Chairman of the Commission. This may lead the Commission, in turn, to be dependent to the Executive Authority, which the Commission mainly monitors its work. This would make the Commission not independent which prevent it to perform effectiveness in this field.

The Copyright Protection Law is one of the important laws because of its important role in stimulating the movement of writing scientific, literary and artistic works and because of the role these works have in developing human capabilities towards cognitive development in the scientific, literary and artistic aspects and the scientific and practical value that these topics constitute. Therefore, we decided to write this article. The research, through which we hope to provide legislative solutions that will help the national legislator in amending some legislative texts of the copyright protection law and work to develop it.
We have worked to focus on the most important axes of the law, which are the author, the work, and the meaning of innovation, in order to clarify these meanings and provide insights into the extent to which legal texts that rely on these legal terms can be amended.

Corporate Social Responsibility (CSR) has gained significant attention in the global business landscape as companies strive to balance their economic objectives with social and environmental considerations. As the primary drivers of economic growth and development, these entities are expected to adopt a more holistic approach considering financial performance and its social and environmental impacts. In Iraq, corporate social responsibility represents a crucial tool for mitigating the economic transformation that Iraq has recently witnessed and the impacts of globalisation, as the private sector and companies constitute the backbone of the national economy. However, corporate social responsibility's role and policies remain subject to considerable debate and ambiguity, particularly regarding their legal foundations and nature. This study aims to provide a comprehensive analysis of the critical elements of corporate social responsibility, specifically focusing on the legal aspects and the Iraqi legislator's stance concerning the matter.

Constitutional courts practice many mechanisms and methods grand by the laws regulating the work of the constitutional judiciary, enabling the constitutional judge to issue a judicial ruling ,which is considered one of the most important judiciary ,which enables the constitutional judge to issue a judicial ruling ,which is considered one of the most important the orders of the constitutional courts ,through which a ruling is made either on the constitutionality of law or their non-compliance with the constitution . The constitutional judiciary seeks, through these Principles and foundations ,to explain how to apply and implement laws and interpret them in a way that avoids texts falling from the circle of unconstitutionality, which essentially enjoys the constitutional presumption on the one hand, And using the mechanism of confronting some texts ,that are closely related to the texts whose un constitutionality is being challenged in order to achieve the necessary legal protection for public rights and freedom ,with the discretionary authority possessed by the constitutional judge to achieve balance and compatibility between guaranteeing those rights and freedoms and achieving constitutional legitimacy in accordance with the approved foundations and principles adopted by the judiciary constitutional .

Constitutional courts practice many mechanisms and methods grand by the laws regulating the work of the constitutional judiciary, enabling the constitutional judge to issue a judicial ruling ,which is considered one of the most important judiciary ,which enables the constitutional judge to issue a judicial ruling ,which is considered one of the most important the orders of the constitutional courts ,through which a ruling is made either on the constitutionality of law or their non-compliance with the constitution . The constitutional judiciary seeks, through these Principles and foundations ,to explain how to apply and implement laws and interpret them in a way that avoids texts falling from the circle of unconstitutionality, which essentially enjoys the constitutional presumption on the one hand, And using the mechanism of confronting some texts ,that are closely related to the texts whose un constitutionality is being challenged in order to achieve the necessary legal protection for public rights and freedom ,with the discretionary authority possessed by the constitutional judge to achieve balance and compatibility between guaranteeing those rights and freedoms and achieving constitutional legitimacy in accordance with the approved foundations and principles adopted by the judiciary constitutional .