Imam Jaafar Al-Sadiq University Journal of Legal Studies

The subject banking bill of exchange(bank draft) is one of the topics
that has not been addressed in the research by the legislator nor by
researchers in the field of commercial papers, operations and banking
services, despite its importance from a practical point of view, as it
occupies a space of banking activity related to the provision of a public
service, and it is also a more secure way to pay back debts without
requiring the applicant for that service to have a balance or previous transactions with the bank that draws that bill of exchange. This
necessitated the presence of this bill of exchange and highlighted its
specificity, through a exploring its concept and the conditions that must
be met for the validity of it and its parties and the relations arising from it,
and finally distinguishing it from other commercial papers and banking
operations close to it. The research was also supported by highlighting
the practical reality of banks within the framework of bill of exchange in
order to give a clear picture of the speciality of it..

Tax relationship has an great importance in the field of private
international law relations both in the level of the legislation and
jurisprudence and comparative court. This importance finds its causes in the specific nature of these relations and its connections to the economic
security of the state .The legal security which the legislative state
structures' based on it, and the states always never tolerate in the matters
concerning their regulation's, and the law will void the parties agreements
when they are contrast with it .And the law may avoid this voidance for
achievement of public interests and the private necessity imposes the
compromising between the different legal systems , as a universal aim for
the private international law seeks to achieve.
The studying of this subject to handles the necessary legal
mechanisms to identified the objective methods to determine applicable
law governing the disputes occurred in private international law fields.
The tax relationship concerns all the state powers , legislative executive
,judicial . This issue may be in all the states , so the studying of this
subject will not be easy subject , for the complexes and difficulties
because of the laws' overlapped. So we had made decision to deal with
this subject according to analytical comparative studying for the legal
provisions and opinions of the jurisprudence . the aim will be the
discovering the legal vision in front of judge of the court in the matters
concerning the tax relationship involving in foreign elements

The mortgage creditor finds the best security in the mortgaged real
estate to document his debt, because the general rules in mortgage give
this mortgagor a balance that he would not get if he had relied on the
general guarantee of a city. The general guarantee, and therefore this
creditor remains in the fear that the debtor will escape his conditions and
weaken the insurances provided to the creditors, because this fear is not
justified in the context of the mortgage, at a time when it is permissible
for the mortgaging debtor to dispose of the mortgaged property, the mortgagee creditor is not harmed by this mysticism because of the
advantage of tracking that It is provided to him by the mortgage, as this
creditor, at the time of the debt’s maturity, can request the mortgaged
property to fulfill his right if the mortgage is valid against the possessor
and to protect the rights of the latter. The law provided him with protection,
enabling him with specific tools and means to pay the creditor’s claim if
certain sale conditions are met.

Our opening question for this summary is this: Under a majority that
controls the legislative and executive branches, how can we preserve
fundamental liberties and accomplish democracy in its purest form?
Many nations base their legal systems on the Constitution, which is
regarded as the highest and most sublime law. It clarifies individual rights
and freedoms and provides constitutional guarantees for them. It also
defines the state's organizational structure, form of government, public
authorities and their powers, and the relationships between those
authorities
It was essential to establish constitutional institutions so that each
authority could carry out its responsibilities and duties in line with the idea
of the separation of powers. It accomplishes the fundamental goal of the
separation of powers, which is to safeguard liberties and rights while
keeping the democratic system from devolving into an authoritarian one.
In order to achieve a particular equilibrium between the opposition and
the legislative majority, the constitutional judiciary is crucial. Saying that
participation systems are in total opposition to the majority rule betrays a
simplistic understanding of the majority rule. Systems that share power
function using a designated or double majority. The majority hall typically
lies on a scale and on multiple levels in democratic systems. Given the
variety of proportional electoral systems, implementing a proportional
system for elections is not a sufficient solution to ensure democratic
participation. Democracy has no price, but it is expensive
If the democratie doesn't have a price, it's the same way

This topic deals with the issue of arguing that laws in Iraq are
unconstitutional in terms of explaining the extent of the constitutional
judiciary's competence to consider non-conformity of laws with the
provisions of the constitution as the supreme law in the state, as well as
procedures through the Federal Supreme Court

International organizations had an effective role in codifying the rules of
international criminal law, as most of the rules of international criminal law
were inconsistent, integrated and organized norms, and this made it unable
to keep pace with developments occurring in the international community
and the protection of individuals and states. These rules are in order to
appear in written, clear and flexible form, through the conclusion of many
international agreements that included international crimes and set
penalties against their perpetrators.

The issue of the seas at the present time is one of the topics that are
of interest to the international community in general and to specialized
researchers in the field of international law in particular, given the industrial
and economic development that the world has witnessed, the emergence
of international trade, the development of maritime transport between the countries of the world, the facilitation of its procedures and means under
international agreements, in addition to the discovery of wealth Natural
seabeds and oceans that were not known before, so that they became an
important economic resource for many countries, especially the coastal
ones, and since the sea areas constitute the equivalent of 73% of the
Earth’s surface, and the importance of these areas prompted the
international community to consider the legal regulation of the seas as a
branch of international law and known as law The International Maritime
Organization, which regulates all areas of the seas and oceans and the
rights and obligations of states, especially in the field of navigation for
commercial ships and the exercise of their activities in a manner that
guarantees the rights of all states, and in line with the requirements of
international peace and security and ending the conflicts that were raging
between countries around that region

The specialized anti-corruption bodies are among the most important
oversight bodies that work to ensure the safety and protection of public
funds in all fields. Oversight, in general, is considered a legal subject that
took a long time to develop due to its great importance in protecting public
funds. The law has arranged a set of steps to achieve this path. It is one
of the competencies that help to activate its role on public funds, as the
supervisory role is the result of the combined efforts of several factors, as
the supervisory competencies constitute one of the building blocks of that
role that these bodies carry out, and oversight is one of the important
functions of this body, due to its role. In ensuring the quality of performance
and verifying the implementation of what was planned with high efficiency.

The expedited arbitration system is considered one of the important
issues in international commercial arbitration, due to its significant role in
enhancing the effectiveness of arbitration in resolving disputes in
international trade. It may be necessary to take temporary or precautionary
measures before or during the consideration of the dispute in arbitral
proceedings, which have an urgent nature and do not affect the substance
of the right. The role of expedited arbitration is to protect the rights and
positions of the parties, and it addresses this need by granting the arbitrator
the authority to make interim or expedited decisions before the formation of the arbitral tribunal or after its formation Before the issuance of the final
arbitration award that ends the dispute

The legislator in the Iraqi Income Tax Law No. 113 of 1982 exempted
international organizations and diplomatic missions from being subject to
the tax. Services that accrue to Iraq with benefits that may exceed the
amount that would accrue to it if it subjected it to the tax, but in the same
direction, this exemption has been limited to the limits of what the
international employee and diplomatic envoy receives in terms of salaries,
bonuses and allowances for carrying out his official work without
expanding to include the income derived from his practice business or
other business.

The study of the legal nature of the container and the contract for its
presentation in the field of transporting goods is one of the issues that
aroused the interest of jurisprudence, legislation and the judiciary because
of the problems and difficulties it reflects, the solution of which requires
identifying the party providing the container, the nature of the contract
concluded in its regard, and the fact that the container provided by the
shipper is called the description of the goods, or it A first-degree packaging
means, and the contract concluded in respect of it is often a lease contract concluded by the shipper with a specialized institution or with the carrier
himself. While the container provided by the carrier is conditioned as a
means of transport, and the contract is described as either a financial
lease, or a sublease. In front of these divergent opinions, we need to
search for the correct adaptation of the container and its presentation
contract by shedding light on the nature of the container and determining
its legal nature and the contract for its presentation, within three sections.

This study deals with determining the legal scope of qualified acquisition
holding in banks, this modern term (qualified holding) that came to our
legislation under the order of the Coalition Authority, specifically in Banking
Law No. (94) of 2004, along with other terms such as the term banking
guardianship and the term bank, which were not known. The wisdom
behind defining this term (qualified holding ) is based on ensuring that the people who will have the ability to control the bank’s policies and control
the decisions issued by the general assembly due to the influential
percentage they hold that enable them to exercise dominant influence and
possessing the skills and capabilities that enable them to manage the
bank in a safe and rational manner and to limit, as much as possible, the
cases of financial distress that banks may be exposed to. The various
legislations have clarified the legal scope of the persons who will have the
ability to exercise this dominant influence and obligated each person to
obtain prior approval from the authority competent to supervise banks
before deciding to obtaining a specific percentage of the bank’s capital,
voting rights, or any percentage that enables it from exercising its dominant
influence

Compulsory licenses were created to confront the abuse of the patent
owner in its use or failure to license others to use it, which harms society
as a whole. The case of compulsory licensing regarding medicines came
to protect public health and, consequently, to protect the public interest of
the country. The importance of the pharmaceutical industry in the world
and its effective role in influencing cannot be denied. On public health,
which directly or indirectly achieves the security of countries and the
development of their future, the penalty of expropriation of the patent was the good penalty resulting from non-exploitation, and this penalty conflicts
with the necessities of international cooperation in order to protect the
inventor who owns the patent, and this is what prompted them to seek to
find an alternative means of expropriation. The patent as a penalty for
non-exploitation. The research deals with the nature of compulsory
licensing and the cases of granting compulsory licensing in international
agreements, especially in the Paris Agreement and the TRIPS Agreement.

The foreign currency auction is one of the indirect instruments of
monetary policy resorted to by the Central Bank of Iraq under the
provisions of Article 28 of Central Bank Law No. 56 of 2004 for the purpose
of controlling the size of the Cash in circulation and pumping foreign
currency into the local market to meet the local need and finance foreign
trade and maintaining a stable and stable exchange rate for the Iraqi dinar
in the market، but the auction quickly deviated from its objectives،
achieving huge financial profits for the institutions allowed to participate in
it.

As a result of the tremendous technological progress, outer space has
become the new arena for the arms race between many countries, in
addition to its militarization, especially after the increasing role of space
systems in the field of military operations. Therefore, through this
research, we will try to clarify the role of international legal rules related
to space or those related to war, Regarding the weaponization of space,
and the suitability of these rules and principles for the arms race between
countries with space activities, especially the principle of peaceful use and
exploitation of outer space, and the principle of not using or threatening
force against other countries, as well as the extent of the need for the
international community to establish an international document that Keep
up with technological development in the field of space weaponization.