Ninevah Journal for Legal Studies

It has long been established that the administrative public facility can, independently, provide a comprehensive summary of the activities of the public judicial entity. This perception has contributed to the establishment of a near-unanimous legal and judicial consensus regarding the distinctiveness of this phenomenon, which is \\"concealed\\" behind the duality of public interest and public authority. Despite the considerable appeal of this impression, it has rapidly weakened and receded due to its inability to keep pace with the swift developments in administrative activity. This has resulted in what is referred to in the legal doctrine as the crisis of the administrative public facility. In the midst of the suggested solutions to address this dilemma, several avenues have been implemented to incorporate private initiative. However, the most significant of these has emerged from the integration of public benefit associations within the public sphere. This legal solution, despite its inherent shortcomings related to its foundational framework, has managed to offer a suitable output by virtue of these entities sharing the same characteristics as traditional public facilities within an official perspective. Furthermore, it does not impose any financial or human burdens on the state, as it relies fundamentally on voluntary work and private initiative. This solution has tested the very foundations of administrative law and judicial administration, which had been constrained for an extended period within the framework of the organic

International humanitarian law is applied in both types of armed conflicts, whether international or non-international. There is no issue regarding the legal obligation of states to adhere to this law through agreements or customary practices. However, challenges arise concerning non-state parties and the extent of their compliance with international humanitarian law. Many researchers have sought to propose approaches that indicate the existence of an indirect basis that may serve as a suitable foundation for establishing their obligations under this law.

This research is concerned with studying and investigating the representative's authorities in contracting, and its rules in the French civil code, amended by the new French law of the contract, promulgated by the ordinance n° 2016-131 dated February 10, 2016 concerning reforms of the law of contract, general regime and proof of obligations, which is considered as the empowering faculty with which the representative enjoys. And determines the extent of the legal dispositions which he or she is able to fulfill for the interest of the principal, as well as permitting the mechanism of the representation to bring about its legal effects, within the limits determined for the representative. The Iraqi civil law No. (40) of 1951 regulated the representative's authorities and their rules, and imposed sanctions on the representative who exceeds or surpasses the extent of these authorities, concerning the conventional representation. But as far as the rules of the legal and judicial representation are concerned, the representative's authorities are regulated by the welfare of minors law No.(78) of 1980. The problem of the research is how to benefit the Iraqi civil law from the principle adopted by the new French law of contract, of permitting the contracting third party to invoke the nullity of the legal disposition, if he or she ignores that the representative surpasses the extent of authorities. And the mechanism of the verification for the principal's situation towards the representative's authorities, in the case of any doubt . As well as suggesting some relevant recommendations to the Iraqi legislator, the most important among which is to suggest the mechanism of the verification for the principal's situation towards the representative's authorities.

The parliament cannot successfully fulfill its functions unless the members possess the necessary competence and scientific and practical experience that enable them to perform their assigned tasks effectively and efficiently. Thus, parliamentary competence is fundamental in enhancing the effectiveness of parliamentary work, ensuring a strong democratic state that arises from the general will of the people, represented by a legislative council characterized by the element of competence through the scientific and practical qualifications of its members acquired in their lives whether this element is guaranteed by the constitutional document or by the laws governing parliamentary work. The relationship between parliamentary competence and democracy is evident in the improvement of the capacity for parliamentary work, achieving the highest levels of efficiency in executing tasks. This prevents the existence of a neglected parliamentary tool where representatives do not know how to utilize their roles, thereby contributing to fostering trust in the democratic process and political work, while simultaneously motivating the populace to engage in it, as it is the most effective means of translating their aspirations and hopes into sound institutional programs. However, the competence of the parliament and its limitations under the Constitution of the Republic of Iraq of 2005 are incomplete and ambiguous. For example, the philosophy of the drafters of the constitution is characterized by weakness of robustness in ensuring parliamentary competence due to the predominance of general conditions in organizing the selection process and the absence of a second chamber that would establish specific conditions and circumstances.

With the advancements in various fields, particularly nuclear energy which is one of the most prominent modern technologies that encompasses numerous benefits and risks, and its increasing use in various aspects of life, especially in electricity generation, medical, and industrial fields, has led to a rise in nuclear waste, radiation leaks, and nuclear accidents. These incidents can result in catastrophic environmental and health disasters, rendering both humans and the surrounding environment more vulnerable to harm. The risk extends beyond national borders and the present times, impacting other countries and future generations where their impact may appear belatedly or chronically. Thus, the damages arising from nuclear activities, whether due to accidents or irresponsible use, necessitate legal regulations aimed at protecting individuals and the environment. This research addresses the civil liability arising from the damages caused by nuclear waste, highlighting the mechanisms of compensation and focusing on the challenges faced in applying civil laws in this field.

In the absence of the explicit will of the parties of the contract to determine the applicable law for their future disputes, the judge seeks to identify the implicit intention of the contracting parties. This is done by examining the terms and conditions of the contract or its context in order to obtain indicators that guide the judge toward the applicable law, which reflects the implicit will of the parties. However, there may be occasions where the judge is unable to determine the implicit intention of the parties. In such cases, the legislator refers to a prior attribution to which the contract is subject in the absence of both explicit and implicit intentions of the parties. This attribution is represented by the common domicile of the parties, the state in which the contract was formed, or sometimes the place of performance, a concept known as rigid attribution in contractual processes. This approach has been adopted by Iraqi legislation and many Arab legal systems. It is noteworthy that the legislator has embraced traditional general rules regarding conflict of laws in matters of international contracts, which have been recognized since ancient times. The question arises as to whether these rules are suitable for application to ship charter contracts, despite the advancements in international commercial relations. On the other hand, some comparative legislations grant judges a certain degree of flexibility in determining the law most closely connected to the relationship, assessing each case individually. Consequently, the applicable law may vary depending on the nature of the contract, which itself can differ significantly from one contract to another, as legislators or judges derive the law governing the contract from the maritime relationship itself.

Punitive damage is a legal penalty imposed on individuals who commit intentional wrongdoing, i.e. one associated with bad intention or negligence often exaggerated in its valuation, which is added to the compensatory damages intended to rectify the harm. The primary purpose of punitive damages is to punish the responsible party and deter future misconduct; thus, it is also referred to as deterrent compensation. Punitive damages are a special kind of restitution that requires a legal provision to implement. Lawmakers' perspectives on punitive penalties differ greatly. Jurisdictions such as English, American, and Canadian law recognize and apply punitive damages, while others, including French and Iraqi law, do not endorse this concept. The latter view argues that punitive damages conflate civil liability, which aims to compensate for harm and restore the status quo, with criminal liability, which seeks to punish the offender and achieve both general and specific deterrence. Furthermore, punitive damages differ from traditional compensatory damages in their objectives; traditional compensation seeks to remedy the damage incurred, while punitive damages, as indicated, focus on punishment and deterrence. Since, traditional compensation is based on the harm itself, as compensation is intrinsically related to the existence of damage. In contrast, the foundation for punitive damages lies in the wrongful act or misconduct. Additionally, punitive damage has specific conditions and criteria that distinguish it from traditional compensation. Not all legal systems have reached a consensus on the acceptance of punitive damages. Legal systems adhering to the Anglo-Saxon tradition have adopted this type of compensation and applied it in numerous judicial decisions. Conversely, legal systems aligned with the Latin tradition are cautious about punitive damages, as they do not explicitly provide for or implement them in their courts. Consequently, this disparity in legislative positions and the legal treatment of punitive damages are to be elucidated within the laws that have embraced this concept.

This article exams how constitutional rules affect the regular judiciary\'s thought processes. It explores how courts interpret and use constitutional values to practice legal reasoning in various legal situations. The study emphasizes the interaction between constitutional values and court decision-making by investigative case law, statutory frameworks, and constitutional rules. It determines how constitutional rules both coerce and direct judicial discretion, promoting a body of law that strikes a balance between upholding the law and providing flexible interpretation in response to shifting social demands. In Iraq, we conclude that there is a weakness in the use of constitutional versions and values by the ordinary judiciary, at a time when the ordinary judiciary must have a greater role in implementing and protecting the constitution together with the constitutional judiciary.

Drug crime is considered one of the serious crimes that affect society in its security, economy, and entity, which requires the enactment of deterrent laws to address this crime, punish its perpetrator, and deter others, to preserve and protect the community, in addition to the necessity of international cooperation in this field, as it is a cross-border crime. Drug crime may be used The territory of one country to cross the pillows to the territory of another country, so international efforts must be coordinated in this field.

Despite not having officially ended, the Doha Round- launched under the Doha Development Agenda in 2001- is widely considered as reaching a stalemate. The round\'s main goal is to make international trade rules more equitable for developing nations in the areas of services, agriculture, and intellectual property. Article 27.3(b) of the TRIPS Agreement is one of the most contentious provisions of the TRIPs Agreement considering its effects on plant patenting, food security, and agricultural development in developing nations. Article 27.3(b) creates uncertainty with regard to its legal implications in respect of the patenting of a cell or gene of a plant, and plant varieties, and this could have serious consequences on the flow of plant genetic resources and thereby on food security