AL-Qadisiya Journal

Delays in adjudicating administrative cases are due to many legislative and administrative reasons that affect the progress of adjudication procedures. The complexity of administrative laws and their ambiguous wording prolong the duration of adjudication. Laws may contain loopholes or ambiguities that oblige courts to conduct extensive interpretations or wait for legislative amendments to clarify certain legal points. The existence of multiple laws that pertain to more than one administrative body may contribute to slowing down procedures due to the different and multiple jurisdictions of the relevant bodies, which requires more time to determine responsibilities and adjudicate cases. Pressure on administrative courts also causes delays, as the high number of cases, given limited human and technical resources, may lead to an accumulation of cases and a delay in adjudication. Slow procedures in some relevant administrative bodies, such as delays in providing necessary documents or investigations, may also lead to delays in adjudicating cases. Poor coordination between administrative bodies and courts can also be a cause of these delays, as gaps or lack of coordination between various bodies can hinder the progress of the case. These legislative and administrative reasons combine to lead to slow adjudication of administrative cases, which affects justice. And the effectiveness of the judicial system. Therefore, in this research, we attempt to shed light on the legislative reasons in the first section, and the administrative reasons in the second section.

Taking preventive means is a guide and awareness calculated for the administration or individuals to pay any potential danger, and also another reason to reduce the percentage of damage, and that knowing the causes of traffic accidents is one of the extreme necessities for the purpose of offering solutions and treatments for that problem and reducing these effects and damages, whether human, in which the driver represents the highest percentage, and non-human related to management from poor roads or vehicle quality, or because of weather conditions and others, and the social effects of those dangers that include public and private property, as well as Loss of lives and permanent disability of many of them, which requires the provision of care for them, as well as the impact on human behavior of memory and concentration defect, With regard to the health effects that occur as a result of traffic accidents and the cost of the state in disbursing treatments and other doctors' preoccupation during the period of hospitalization, psychologists classify that these accidents have a direct impact on the human being and the psychological disorders they cause, or a state of nervousness that occurs to the driver, passenger or affected, especially if he is the first breadwinner for the family, the impact is greater, and when most jurists described traffic accidents as daily terrorism or similar to the cost of Losses due to chronic or cancerous diseases, and this is what we see in the many effects and damages, In addition to the environmental damage mentioned from the occurrence of these accidents, such as the leakage of fuel from the vehicle or gaseous emissions in the air while walking, and what results from these effects economic damage and cost to the state treasury at all levels.
Therefore, we try in this section to highlight the psychological and social effects of traffic accidents in the first requirement, and their material damage in the second requirement.

This research addresses the legal foundation of higher education governance as one of the main pillars for achieving efficiency, transparency, and improved institutional performance, thereby ensuring quality and excellence. Governance is considered the framework that defines the methods and approaches adopted by higher education institutions in implementing their objectives and orientations, in a manner that ensures responsiveness to the needs and interests of all stakeholders, including students, faculty members, staff, alumni, and the broader community.
The study begins by outlining the conceptual framework of the term "governance" and analyzing the motivations behind its adoption in the higher education sector, particularly in light of the growing challenges this sector faces. It focuses on examining the legal basis regulating governance through an analysis of relevant national legislation, considering that adopting governance practices in institutions represents a response to constitutional obligations that require adherence to democratic principles and promote neutrality, transparency, oversight, and quality. The research also explores the role of international and regional agreements and conferences in shaping governance directions, as the recommendations they produce can serve as a foundation for formulating national policies.
The study adopts a descriptive-analytical approach and concludes that the success of governance in higher education is linked to the presence of a clear and integrated legal foundation that ensures a balance of powers and authorities and reinforces the principles of participation, accountability, and institutional autonomy.

The phenomenon of legislative delegation is a significant topic at present, particularly given the complexity and scope of the state\'s functions, resulting from its shift from a guardian state to an intervening state, on the one hand, and from the succession of economic and social crises, on the other. This transformation has had a profound impact on the three public authorities, both in terms of their functions and the nature of the relationships that bind them together. Regarding the legislative authority, in accordance with the principle of separation of powers, this authority is exclusively responsible for drafting legislation without the participation of any other body. However, this perception has changed, as members of the legislative authority are no longer able to keep pace with rapid technological, economic, social, and administrative developments, prompting parliaments to resort to legislative delegation to address these challenges. Despite the advantages that legislative delegation offers in terms of achieving the efficiency and flexibility necessary to address emerging issues, its misuse can entail significant risks and dire consequences, most notably the violation of individual rights and the destabilization of security and legal stability. These effects require appropriate solutions to ensure the efficient and fair achievement of the objectives of legislative delegation. Therefore, precise and clear wording of the legal texts authorizing this delegation, in terms of its subject matter and duration, is an essential element in ensuring the effectiveness of this legal system.

The judicial system is considered the fundamental pillar of the stability of the legal system in any country. In federal systems characterized by the distribution of powers between the federal government and local (or regional) governments, challenges usually arise regarding the definition of judicial jurisdictions for each of these entities. Among these challenges, judicial overlap may appear as a phenomenon that may complicate the process of resolving disputes and implementing laws and decisions issued by federal entities. Judicial overlap when resolving cases arising from the application of federal laws and decisions is one of the complex issues that require precision in defining jurisdictions between the various judicial entities. Under the federal legal system, judicial entities intersect in many cases that arise as a result of the application of legislation and decisions issued at the federal level. This overlap may cause a conflict of jurisdictions and affect the speed of resolving cases and the integrity of judicial procedures.

This research addresses international and regional cooperation in combating illegal, unreported, and unregulated (IUU) fishing, shedding light on the efforts made by governmental and non-governmental organizations to tackle this challenge that threatens marine biodiversity and depletes fish stocks at a rate exceeding their ability to regenerate. It analyzes the measures implemented within the framework of governmental organizations such as FAO, in addition to reviewing initiatives launched by non-governmental organizations. The research examines whether these organizations have played an effective role in combating overfishing and highlights the need for concerted international and regional efforts to confront the challenges posed by overfishing to ensure the preservation of fish resources for future generations.

The marriage contract regulates the relationship between the spouses, and it determines their rights and obligations. Some actions committed by one spouse that affect the rights of the other spouse are considered a crime, as they violate the texts that regulate the marriage contract. On this basis, the marital relationship is considered a formative element for the crime to occur in many crimes arising from the marriage contract, These crimes include the crime of contracting a marriage outside the court, and the crime of polygamy without permission. This type of crime assumes the existence of a valid marriage contract in accordance with Sharia and the law, and without it the crime is not committed.

The Pre-Trial Chamber plays an important role during the investigation stage and its role appears in the stage of considering the challenge to jurisdiction or admissibility. In the same context, the Statute stipulates that the decisions of the Pre-Trial Chamber may be appealed and indicates that there are decisions issued by the Pre-Trial Chamber that require its permission to be appealed, and other decisions that do not need to be appealed. Her permission. The research ended with results and recommendations.

The crime of abstention of caring for the elderly in senescence stage constitutes a crime of both social and humanitarian character, as it poses a serious threat to human rights. This offense involves the failure to fulfill the duties of care that must be provided by individuals or institutions to persons incapacitated due to old age. The Iraqi legislator has addressed this crime under Article 371 of the Iraqi Penal Code No. 111 of 1969 (as amended), classifying it as a misdemeanour and prescribing for it a penalty of imprisonment or a fine. The provision stipulates:
“Shall be punished with imprisonment for a period not exceeding one year, or with a fine not exceeding one hundred dinars, or with either of these penalties, any person who is legally or contractually entrusted with the care of an incapacitated person, due to minority, old age, or physical, psychological, or mental condition, and who, without a lawful excuse, abstains from fulfilling his duty.”
For this crime to be established, the general elements must be fulfilled, namely the actus reus (material element) and mens rea (mental element). The actus reus bears particular significance, as the law does not recognize the existence of any crime in the absence of a material element. The material element is composed of three components: the criminal conduct, the harmful result, and the causal link between conduct and result. The actus reus of the crime in question is realized through the conduct of those entrusted with the care of an incapacitated elderly person, such as through neglect or failure to fulfill their duties, which may lead to illness, deterioration of health, or even death. It is imperative that a causal connection exists between the negligent conduct and the harmful outcome.

Women\'s rights in international and national laws aim to ensure gender equality, protect women from discrimination and violence, and enhance their participation in all aspects of social, political and economic life, as well as to enhance the status of women and protect them from discrimination and violence.
‎The impact of violent extremism on women\'s social, political, economic and legal rights in extremist societies in which women live
Here, national policies in Iraq to combat violent extremism and protect women\'s rights were studied within the Iraqi national framework to identify the most important aspects of this topic.

Freedom of expression is one of the rights guaranteed by the Iraqi Constitution of 2005 for individuals, as stipulated in Article 38 of the Constitution (2005), which states: "The state shall guarantee, without violating public order and morals, the following: First: Freedom of expression by all means. Second: Freedom of the press, printing, advertising, media, and publishing. " However, this freedom is not absolute but is restricted according to the limits of the law. If an individual exceeds the boundaries of this freedom, particularly in issues affecting the security of the state, as this is the subject of our study, then the individual, from a legal perspective, is considered to have committed a crime of exceeding the limits of freedom of expression that endanger state security. This can be defined as: "The crime that occurs when an individual exceeds the legal boundaries as practicing the right to freedom of expression, whether by speech, writing, or gesture, with the intent to harm state security, such as inciting sectarian strife or promoting or advocating for actions that harm state security. "
Regarding the legal foundation for this crime in Iraqi legislation, it is addressed in the Iraqi Anti-Terrorism Law No. 13 of 2005, in the last part of Article (3/1), which states: "Any act with terrorist motives that threatens national unity and the safety of society and affects the security of the state and its stability, or weakens the ability of security forces to defend and preserve the safety of citizens, their property, state borders, and institutions, whether through armed confrontation with state forces or any form of action that exceeds the freedom of expression guaranteed by law. " It is noteworthy that the Iraqi legislator, in the Iraqi Penal Code No. 111 of 1969, addressed some cases of exceeding freedom of expression that affect state security. In comparative legislation, this crime is also regulated in anti-terrorism laws, while others address it in penal codes.
As for the public interest considered in criminalizing this behavior, it is to protect national unity and safeguard the social interests of individuals by protecting their rights to exercise freedom of expression, but in accordance with the law.

Contemporary international and humanitarian events are critical milestones in the development of international law, as international funds have influenced the reshaping of many legal and political concepts. International practices have led to the crystallization of new concepts, especially with regard to the internationalization of human rights. With the increasing targeting of civilians in armed conflicts and the commission of crimes against vulnerable groups, it has become necessary to reconsider the sovereignty of traditional states that limit interference in internal affairs. Therefore, it has become important to develop international law and its implementation mechanisms to keep pace with the rapid changes in the world.

The immunity of diplomatic archives is one of the basic pillars to ensure the effectiveness of diplomatic work and provide legal protection for correspondence and archives of a sensitive nature and their importance in the context of international relations as part of the protection granted to diplomatic missions. Therefore, the legal rules that regulate the immunity of archives according to the Vienna Convention on Diplomatic Relations of 1961, which constitutes the international legal framework adopted to protect the mission's archive documents from any interference, whether inside or outside the mission's headquarters, and other agreements indicated that the violation of the archives, whether positive or negative, gives the accredited state the right to claim compensation for the damages it has suffered as a result of violating its archives and disclosing its secrets to the public, which may end in severing international relations between the two countries concerned. The development taking place at the present time with technological and scientific progress and the emergence of modern and encouraging means used to violate archives and cause harm to the concerned state through seizure and cyber espionage, the necessary and sufficient protection must be provided for those archives, with a statement of all aspects of protection stipulated in accordance with the Vienna Convention on Diplomatic Relations of 1961. 1961, and combating its breach by all necessary means, as well as committing crimes against it or seizing its assets, and the international responsibility of the receiving state arising from its failure to protect diplomatic archives.

This research examines the mechanisms for implementing transitional justice at the international level, focusing on the legal and judicial role of international institutions such as the Security Council, the Office of the United Nations High Commissioner for Human Rights, and the International Criminal Court. Multiple models are analyzed to demonstrate the importance of accountability, truth-telling, and the prevention of impunity. The research concludes that the role of civil society organizations must be strengthened, cooperation with the United Nations must be enhanced, and similar international experiences must be learned from. The research aims to support justice in post-conflict countries by activating international mechanisms to ensure fairness, redress, and comprehensive reconciliation.

The texts regulating the enforcement of constitutional court rulings were not uniform, as some of them were ambiguous and vague, and others neglected to regulate this issue despite its importance. The countries of the world did not settle on a general rule governing the enforcement of rulings issued as unconstitutional in terms of time and reason. These countries did not settle on a single rule in this area, which is the balance between legal security and constitutional legitimacy. Individuals do not care about the legal basis on which a ruling of unconstitutionality is based as much as they care about the effects of this ruling on their reality. To ensure this, the constitutional judge must ensure the confidence of the community in the law and maintain stable legal positions, and at the same time ensure that the laws conform to the rules of the higher law, otherwise they become illegitimate.

International environmental law has witnessed a fundamental shift since the 1970s. After initially being limited to providing a set of general principles, it has evolved into a more effective and forward-looking legal system. This development has enabled it to better respond to emergency situations and pressing environmental crises, and it has been closely integrated into the framework of sustainable development. This has led to the emergence of new principles, including the precautionary principle, which is considered one of the most important tools aimed at protecting the environment and preventing environmental harm.
The precautionary principle aims to hold states responsible for taking all necessary precautionary measures within the framework of international cooperation to prevent environmental damage, with the requirement that these measures be implemented at the lowest possible cost and using the best available technologies. Whether these measures take the form of preventing any human activity that is likely to cause harm to the environment or requiring concerned parties to provide evidence of the safety of their proposed activities from any negative impacts.
In accordance with this principle, states are committed to ensuring that activities carried out within their territory and on their lands do not harm the environment of other states beyond their borders, and if they do, they will be held responsible for removing the damage and providing compensation.
Given the urgent need to protect the environment in a proactive manner, the precautionary principle has become a fundamental component of international environmental law, moving beyond the theoretical framework to practical application. In line with international efforts to conserve natural resources, this principle has been globally enshrined as a preventive measure, reflected in many international agreements, conventions, and decisions of international organizations.
International environmental law is witnessing growing support for the precautionary principle, as evident in the judicial rulings issued by national and international courts and arbitration bodies. These rulings emphasize the legal responsibility of states to take all necessary preventive measures to prevent transboundary environmental harm, underscoring the binding nature of this principle in international relations.

Legislation has criminalized actions that violate the dignity of the employee, diminish their status, and undermine the prestige of the state. Among these acts are offenses related to psychotropic substances. The Iraqi legislator has criminalized the possession of psychotropic substances by a policeman in an unauthorized manner under Clause (First) of Article (13) of the Law of Internal Security Forces. This is considered one of the crimes that harm the reputation of the job, aiming to preserve the integrity and prestige of the security institutions. Since the role of a policeman generally requires distancing oneself from committing any act that would tarnish their image or reputation, committing such acts would directly conflict with professional ethics and practices, contradict the duties of a policeman, and breach the obligation to combat crime and protect society. Consequently, it will have a negative impact on individuals in society, as it weakens trust in security institutions and leads to the spread of corruption within the community. Therefore, the Ministry of Interior demands that a policeman, whether an officer or a non-commissioned officer, must possess the highest levels of discipline and professional commitment to combat crime and protect individuals. He must steer clear of committing any behavior that would undermine human dignity and honor. Among these behaviors, crimes related to psychotropic substances have particularly dangerous effects, causing significant harm to both individuals and society.

The victorious countries after World War II worked to establish an international organization called the United Nations, undertaking to spare future generations the scourge of war. These countries enshrined this approach in the goals and principles of the emerging organization, making the maintenance of international peace and security its overriding objective and primary function. On this basis, it began to exercise its powers to confront all threats to international peace and security. However, over time, the mission of the United Nations became increasingly difficult as it began to face a tangible change in the nature of armed conflicts, shifting from their traditional forms to new forms shrouded in ambiguity, complexity, and the multiplicity of actors involved. Accordingly, the United Nations worked to harness all its capabilities to adapt to the new situation. However, the current reality indicates an urgent international need to take broad steps based on the support of all countries for the United Nations so that it can continue its journey in addressing emerging challenges to international peace and security.

Jurisprudential views differ on whether international treaties can be concluded orally. The formal aspect of concluding these treaties is a necessary condition that must be fulfilled to be binding on the parties. On the other hand, the other view is that international treaties can be concluded without being bound by formal aspects, but that they are valid and capable of defining obligations on the parties. Hence, the question arises: can international treaties be concluded orally without affecting the validity of their conclusion and commitment by the parties? This study seeks to answer this question through analysis and consideration of the positions of jurisprudence and the judiciary, as well as the views of the International Law Commission and international legislation, including the Charter of the United Nations and the provisions of the Vienna Convention on the Law of Treaties concluded in 1969.

Jurists and the judiciary have disagreed on the nature and function of administrative committees with judicial jurisdiction, or what are called quasi-judicial committees, with some considering them judicial committees, administrative committees, or administrative committees with judicial jurisdiction. Additionally, there is the issue of determining the legal nature of the decisions issued by these committees whether they are considered judicial rulings or administrative decisions with a judicial character. The law and the judiciary have resolved this debate by defining the nature and function of these committees.

It is agreed that the administrative control authorities do not have absolute freedom to take their means in order to achieve the goals of public taste. Rather, they are restricted by certain legal rules so that they do not exceed their limits, so their function turns into a tyrannical act, where rights are squandered and freedoms are violated. Therefore, the administrative control authorities, when they intervene, are In order to preserve public taste in society, it must not violate the rights and freedoms of individuals. Accordingly, we can define the means of administrative control in the field of maintaining public taste as the legal tools available to the administration to ensure the preservation of public taste, as it is not sufficient for the validity of the control activity to impose the administration’s control over public freedoms. Rather, it must be restricted in choosing one of the legal means according to its effectiveness in achieving the preservation of public taste.

: This research examines the impact of international criminal treaties on national legislation, given the growing importance of harmonizing international and domestic laws to address transnational crimes. It aims to analyze how the provisions of these treaties are incorporated into domestic legal systems and their role in modernizing criminal laws. Additionally, the study explores the challenges states face in implementing these agreements and evaluates their success in integrating international obligations with local legal requirements, the findings indicate that international treaties play a pivotal role in shaping criminal legislation, though their practical application faces obstacles related to legal sovereignty and national specificities. The study concludes that states must strike a balance between international commitments and domestic legal particularities to ensure the effectiveness of criminal justice systems in a globalized world.

When the Iraqi legislator in the Civil Code granted both parties to a contract the right to restrict the transfer of their ownership under a specific condition, the subject of restricting the transfer of ownership was devoid of the scientific interest that constitutes the primary purpose of its research. It did not produce legal effects encompassing the reciprocal rights and obligations between the two parties, let alone the legal effects that the restriction entails vis-à-vis third parties. This could involve acquiring a right over the sold item or being a creditor. Delaying payment of the price, which is one of the main obligations owed by the buyer, would lead to this situation, fraught with risks, including the buyer's inability to pay the price on the specified date agreed upon in the agreement concluded between him and the seller. This forces the seller to resort to restricting the transfer of ownership. During the period between concluding the contract and paying the price on the agreed date, the legal positions of the parties may change dramatically. The buyer may be a merchant and stop paying his debts, thus exposing him to bankruptcy. The buyer may dispose of the restricted movable property to a third party in good faith, who may adhere to the rule of possession in movable property as a title deed. The property may perish. The sale occurs during the same period between the seller's execution of the contract by delivery and the buyer's receipt. These conditions inevitably affect the seller's legal status. The primary purpose of the restriction is to link the fulfillment of the mutual obligations arising from the contract, as there is a kind of connection between the seller's fulfillment of his obligation to transfer ownership and the buyer's fulfillment of his obligation to pay the price.

This study addresses the issue of arbitration procedures conducted through Artificial Intelligence (AI) in block chain-related disputes, a topic of significant theoretical and practical importance in light of the rapid development of digital transaction models. The research aims to examine the regulatory framework governing arbitration when AI systems are relied upon to perform key arbitral functions, such as receiving claims, analyzing data, issuing arbitral decisions, and overseeing their enforcement — all within a decentralized and transparent environment that calls for a reconsideration of traditional legal concepts.
Moreover, the study explores the role of the oracle as a critical technological component that enables AI-based arbitration systems to access real-world (off-chain) data beyond the block chain network. This function is essential for resolving disputes that depend on external factual inputs; however, it raises legal concerns regarding the evidentiary validity and procedural reliability of such data within the arbitration process.

This research aims to study the rights and duties of volunteer doctors in volunteer medical work, by analyzing the legal, ethical and professional aspects that govern this type of medical practice. Volunteer medical work is one of the most prominent forms of humanitarian service, and contributes effectively to filling health gaps in poor or crisis-affected communities.
Despite the noble nature of this work, volunteer doctors face legal and regulatory challenges that may affect their performance and participation in this work. This study addresses the rights that a volunteer doctor should enjoy, such as: the right to legal protection while practicing his work, ensuring insurance against health and occupational risks, obtaining appropriate training and rehabilitation before starting volunteer work, in addition to his right to a safe and equitable work environment. This study also seeks to analyze the gap between legal texts and real practices, and proposes a number of recommendations to develop regulations governing volunteer medical work, including the inclusion of explicit texts in health legislation related to medical responsibility in the event of an error during volunteer work, and the establishment of control committees to ensure ethical and professional commitment by doctors and beneficiaries alike. The duties of the volunteer doctor contribute to increasing the demand for medical volunteer work, as well as ensuring a safe and effective environment for both service providers and recipients.

This research is devoted to studying the provisions of the destruction of the property in non-binding contracts, through defining non-binding contracts and stating the cases that lead to the creation of this type of contracts, as well as bringing contracts that have a non-binding nature, then after that stating the provisions of the destruction of each case that leads to non-binding contracts by stating contracts that create described obligations, such as contracts associated with the option of condition and the resolutory term, as well as contracts that create optional obligations and alternative obligations. Also through the named non-binding contracts, by stating the ruling of the destruction of the property in the loan and deposit, then the contracts of possessory mortgage and loan, concluding what this research has reached with what these legislative texts have established and stating the cases of legislative shortcomings in them, and reaching the appropriate recommendations to develop Iraqi civil legislation regarding the cases of destruction in it. This research is divided into an introduction, two sections, and a conclusion. In the first section, we explain the provisions of the destruction of the property in contracts that create described obligations. It is in turn divided into two requirements: the first is the provisions of the destruction in contracts linked to the option of condition and the resolutory term, and the second is the provisions of the destruction of the property in contracts that create optional obligations and alternative obligations. The second section is entitled the provisions of the destruction of the property in non-binding named contracts. It is also in turn divided into two requirements: the first is the provisions of the destruction of the property in the contracts of loan and deposit, and the second is the provisions of the destruction of the property in the contracts of possessory mortgage and loan. The conclusion includes the conclusions and suggestions in it.

The insurance risk is variable and cannot be described as constant; as there are accidental or temporary changes caused by the insured's action or caused by circumstances that he does not want to enter into, and these changes lead to a change in the effects that result from the change in the insurance risk, and therefore lead to an imbalance in the contractual balance between the parties, and that the insured notifies the insurer (the insurance company), so the latter changes the value of premiums in case the insured risk changes, decreases or disappears, and if the risk changes decreases or disappears, it is possible that at the time of conclusion of a contract insurance or during the period of its validity, which leads to reducing the percentage of chances of its occurrence or seriousness, as this affects the survival of the contract from Maintaining the contract as it is and with the same conditions, reducing insurance premiums or canceling the contract.

In this study, we will examine the effects of the preventive function, given that civil liability, in its usual form, is based on compensation. However, the request for prevention will lead to a civil lawsuit that is proportionate in its interest and purpose to the objective of the function for which civil liability exists.

Sustainable development is active and its scope is expanding for banks according to the capabilities of banking institutions and their ability to finance natural and legal persons and achieve an important financial resource while maximizing profits to achieve economic recovery and expand the ability of traders to trade and obtain abundant loans and operate money and prevent obstacles to the prosperity of the customer market and strive to achieve confidence and the interests of investors, and the UNCITRAL Model Law on Electronic Commerce issued by the United Nations for the Trade Law of 1996 was concerned and the Central Bank of Iraq issued controls for licensing digital banks for the year 2024 and obligated financial institutions interested in establishing a digital bank in Iraq to adhere to the regulations set by the Central Bank of Iraq. The Iraqi legislator also issued the Electronic Payment Services System for Money No. (2) Of 2024. To address these risks, we must address the electronic banking risks and the legal and technical challenges facing banks.

Legal philosophy can produce a legislative framework capable of anticipating biological risks, rather than merely reacting after the disaster has occurred. Here, the need for “protective legislation” meets, one that does not merely address the effects, but rather redefines the relationship between law and science, so that legislation becomes an effective partner in shaping the path of innovation, Not just a post-facto censor. This legislative model should not be a set of rigid rules, but rather a dynamic system that reflects a profound understanding of the "biological fragility" that threatens natural balances. It should be based on an ethical vision that values life as a value independent of economic benefit or technological progress. Legal philosophy has always been premised on the idea of "control over nature" As a basis for environmental legislation, biological harms impose a paradigm shift toward a philosophy of "humility in the face of biological complexity." Human interventions in biological systems, such as the design of genetically modified organisms capable of self-replication, create scenarios that cannot be fully contained, which calls for adopting the principle of "advanced precaution" as a basis for legislation This principle is not limited to avoiding known risks; rather, it requires legislators to construct hypothetical scenarios for potential risks, based on a scientific understanding of the behavior of living systems and their nonlinear interactions. However, designing such protective legislation faces significant challenges. On the one hand, laws struggle to keep pace with the speed at which global laboratories are producing new biological entities, Experiments such as the 2018 CRISPR-Cas9 demonstrate that the gap between scientific discovery and its legal regulation is widening alarmingly. On the other hand, legislative protectionism conflicts with significant economic interests, as in the Monsanto v. Indian farmers case, in which the company attempted to enforce patent rights on genetically modified seeds, even as their use led to the destruction of local agricultural diversity, Here, the contradiction between the legislative model based on “individual protection” of intellectual property and the desired model based on “collective protection” of the ecosystem is highlighted. The Monsanto v. Indian Farmers case embodies a profound conflict between the logic of commercial intellectual property and the principles of international environmental law that seek to protect the ecosystem and the rights of local communities.

Modern international business transactions often require the participation of several people to complete large-scale projects, and it is normal for all people involved in a multilateral project to have financial interests in it, so any dispute that arises in the context of this project is likely to affect their legal status, even When a dispute arises between two persons involved in the same project and bound exclusively by a bilateral arbitration agreement,
Based on this, we discussed the recent trends that call for expanding the arbitration agreement to include other relevant parties, as we showed that consent to arbitration is not necessarily proven by signature. These theories focused on the contractual aspect of arbitration, but arbitration has judicial effects that go beyond its contractual origins.
These theories focused on the contractual aspect of arbitration, but arbitration has judicial effects that go beyond its contractual principles, as the arbitration decision has effects on other parties who have interests identical to the interests of one of the real parties, such as the general successor and the private successor, and in such a case they will have a strong interest in interfering within the arbitration procedures. Thus, the validity of the arbitration award is extended to them.
But the independence of the procedural parties may prevent others from interfering in the arbitration dispute, and therefore the scope of the arbitration award’s validity prevents them from being affected by the ruling, even if they are contractually linked to one of the real parties, but their interests are not identical with the interests of the parties to the proceedings, and therefore if the arbitrator wants to adhere to confronting them in the ruling Issued in a dispute to which they are not parties have the right to claim the proportionality of the rulings.
Therefore, the convicted person has no choice but to resort to the judiciary to obtain his rights from him, and the competent court must accept the arbitration decision as binding and not raise the issues that were decided by the arbitration panel again. What hinders commercial arbitration is the failure to implement its rulings smoothly in the absence of an arbitration law regulating the arbitration process in general, and a law regulating the implementation of foreign arbitral awards in particular, as the provisions of the Law on the Implementation of Foreign Court Awards No. (30) Of 1969 there is disagreement regarding the extent to which it includes the implementation of foreign arbitration awards or whether it is limited to the implementation of foreign judicial awards. Therefore, it is necessary to take a serious and effective step to implement the draft arbitration law and make it an effective law in the near future, as well as work to expand the law on the implementation of foreign court awards, which makes it possible to implement awards. Arbitration is similar to judicial rulings, or issuing its own legislation.

The Iraqi legislator in its provisions regulating the administration of minors' real estate operates from the premise that the legal guardian's authority over these assets is temporary. Consequently there is a necessity to avoid any substantial alteration of these assets and to refrain from encumbering them with obligations that would restrict the rightful owner's authority upon regaining control or upon the termination of the legal guardianship for any reason such as the owner's death or presumed death.
Therefore meticulous care has been taken to confine this authority to the narrowest possible limits ensuring the protection of these properties and the overall financial solvency from harm or damage.

The commercial store has come to consist of both tangible and intangible elements, combined with the aim of commercial exploitation. With the increasing importance of the commercial store in the modern concept, legal transactions have begun to apply to it, including its sale and lease. The sale of the commercial store is considered one of the consensual contracts that require offer and acceptance. The contract cannot be concluded unless both parties agree on the sale and purchase of a specific commercial store, where one party announces their offer to sell and the other accepts the purchase of that specific store.
As for the lease contract, it is one of the contracts where the lessor allows the lessee to benefit from the leased property. The lease contract is considered a time-bound contract because the benefit is limited to a specific duration. A commercial store lease contract is a legal agreement between two parties in which the lessor enables the lessee to benefit from a specific commercial store in return for a mutually agreed rent and for a specified duration.

Correspondence is a tool for proving the right, and in light of the technical development, electronic messages have become the focus of attention of researchers in the humanities. Based on this correspondence and the negotiations that precede it, the judge interprets the contract according to the common intention of the parties, and its assessment is up to the judge of the subject matter. Based on the negotiations, the judge has the authority to interpret the contract. When the terms of the contract are ambiguous and require interpretation, the judge may resort to the apparent will. If it is not, he resorts to the hidden will. The judge may rely on the rules of jurisprudence when interpreting, and he may interpret the contract based on the nature of custom and current transactions or according to the type of contract. These are all basic rules that may be. The basis in this scope of interpretation of these correspondences is the common intention of the contracting parties. As for the legal authority in proof, the Iraqi law in the Electronic Signature and Electronic Transactions Law granted equality in authority to electronic and traditional documents, but in some conditions stipulated in Article 13 of the Electronic Signature Law, as well as Egyptian law. However, the most worthy among the comparative laws was French law because it amended the texts of the rules of civil law in line with modern technical development according to Resolution No. 131-2016. The authority granted to the judge to investigate evidence according to the documents presented to him is discretionary and subject to the judge of the subject matter.

Legal security for real estate transactions is not achieved except by the presence of a judiciary that fills the gaps in legislation and sets commercial interpretations of reality and in accordance with the scope and role that the legislator leaves to the judiciary. Therefore, its directions must be in line with the distant goal of legislation, especially since real estate legislation has organized the procedures for real estate transactions and their registration in a specific formal manner, and failure to follow them results in the invalidity of the transaction itself. Therefore, judicial security has a major role in achieving legal security.

The element of fault is one of the fundamental pillars upon which civil liability is based. A person is not held civilly liable for harmful acts unless it is proven that they committed a fault for which they can be held accountable. This element gains particular importance in cases of bullying against minors, due to the nature of the victims who are at a sensitive age and are often unable to defend themselves. In this context, fault refers to any intentional or unintentional behavior by a person that causes psychological, physical, or social harm to a minor, in violation of legal rules or prevailing social values.
According to general legal principles, liability cannot be established without the existence of fault, in addition to the damage suffered by the victim. Fault is a core element of civil liability, whether contractual or tortious. Bullying may arise from either a tortious fault or a contractual fault. In most cases, bullying results from a tortious fault, where the bully harms the victim by breaching a general legal duty not to cause harm to others, without the presence of a contractual relationship such as public mockery, physical assault, or posting offensive information online.
However, bullying may also result from a contractual fault, where one of the contracting parties breaches their contractual obligations, causing harm to the victim for example, a school failing to provide protection to a student from bullying. In cases of cyberbullying, the fault may be tortious if committed by a non-contracting person, or contractual if a tech company violates users’ privacy in a harmful manner.

This research, seeks to provide a comprehensive perspective on the most prominent contemporary artificial intelligence (AI) technologies that are playing an increasingly vital role in the medical field, In recent decades the world has witnessed an unprecedented surge in the development of AI technologies, whose impact has extended beyond the industrial and economic sectors to encompass one of the most sensitive and critical areas (the medical sector), therefore the civil liability arise because of these technologies, and studies found that it was hard to find the responsible of the damages caused by the medical technologies, is it the doctor, or the hospital, or the technology itself, thus we found that the compensation fund is an effective way of compensating for damages artificial intelligence technologies in the medical field, within reason it's hard to prove a mistake when using AI-enhanced techniques.

The Law of Notaries, No. 33 of 1998, has established the procedure for appealing the decisions of notaries by submitting a request to the Director General of the Notary Department. The Director General then refers the request to the advisory committee within the Notary Department, whose decision serves as a directive to be implemented in its offices. There is ongoing monitoring and inspection by the department and relevant authorities regarding the work of its employees and the records of machine registrations. The department takes legal action against employees in case of violations of applicable laws and regulations, in accordance with the provisions of the State Employees and Public Sector Discipline Law No. 14 of 1991 and its amendments. Legal actions can be initiated in court if an employee fails to fulfill their job responsibilities according to the applicable laws.

Esthetic Processes have become a popular option for many, with most procedures involving the use of synthetic materials sourced from various origins and compositions. Since the plastic surgery is carried out within a contractual framework, the doctor is obligated to use the materials agreed upon with the client or those that meet their legitimate expectations. This is particularly relevant because cosmetic centers often advertise materials in catalogs or advertisements. Therefore, the doctor must adhere to using the exact materials specified in the contract, as the client is a consumer of the cosmetic service and the doctor is a professional. Given that these materials are applied to the human body, which is inherently private, this commitment becomes even more critical. This study seeks to explore the concept of conformity in the cosmetic contract between the doctor and client, detailing how the doctor can fulfill this commitment. It highlights the importance of both material and legal precautions taken by the doctor before the contract is made, as well as the necessary steps throughout the procedure to ensure the doctor's adherence to the agreed-upon materials.

There is no doubt that all legal relationships, whether contractual or non-contractual, are underpinned by human will. These legal relationships produce their effects when two or more wills converge. Human beings live in society, and the first goal is to respect their will and freedom, and all legal obligations have their source in free will, which is dominant over all sources of obligation, and its power is manifested in the contract, which gives the person full freedom to enter into contracts and legal obligations. This does not mean, however, that freedom of will in contractual relations is absolute, but rather that it is limited by various legal controls that properly guide it. Willfulness appears not only in contractual relations, but also in non-contractual relations and in other matters that the law imposes on man to comply with the law with his will, and on the contrary, in matters that are not subject to man's will, the law holds him legally responsible, as well as the person who adopts an involuntary attitude towards him is held legally responsible because he has no will in this matter. Therefore, we can say that the will to protect legal and judicial security has a great role in the protection of the judicial and legal system, as it exists in many countries where the competent authorities seek to adhere to the will and protect judicial and legal security, which leads to the emergence of the will of the State and its institutions. Therefore, in this research we try to focus on the manifestations of adherence to the law in contractual and non-contractual relationships, in the first section we highlight the emergence of manifestations of adherence to the will in contractual relationships, and in the second section we talk about the manifestations of adherence to the will in non-contractual relationships.

The issue of determining the applicable law to cross-border legal relations is often determined by rules of a special technical nature, called rules of attribution. These rules often reflect a country's legislative policy in dealing with these somewhat complex relationships. However, this does not mean neglecting the interests of the parties, regardless of their affiliation. This is clearly evident in the description we often give to the purpose of attribution rules, which is to select the best solution from among the conflicting laws to govern the disputed issue. As a result of the increase in cross-border relations, both quantitatively and qualitatively, and in order to achieve the best solutions, legal jurisprudence has proposed a number of solutions that have contributed somewhat to confronting these challenges. Among these ideas and solutions, the concept of the law of the social milieu has emerged, which deals with a set of controls shared by the parties, making it unfair to exclude the application of this law from among the applicable laws, given its superiority over others due to these commonalities. In order to overcome the difficulties and obstacles that have emerged as a result of the developments in the field of transportation and communications, which have demonstrated the inadequacy of the solutions offered by traditional attribution rules in the face of these changes, especially in the area of tort liability, the attribution rules related to the regulation of the latter are no longer capable of meeting the challenges posed by recent developments. In order to mitigate the rigid attribution to local law, the idea of attributing the ruling of the dispute to the law of the social environment of the two parties to the private international relationship emerged. This idea was quickly welcomed by private international law jurisprudence and adopted by legislation, which imposed its presence among the solutions offered in this regard.

This study aims to demonstrate the importance of domain names and their impact on e-commerce, as they have become an important means of exchanging information, goods, and services. Legal challenges to domain names, such as unfair competition and other ownership claims, have emerged, calling for the development of legal frameworks to protect users' rights. The study also aims to develop legal frameworks to protect domain names and increase awareness of legal risks.

Artificial intelligence technology has been widely welcomed in legal circles, and its recognition has become an undeniable reality. The legal community is no longer immune to the technological developments that have swept the world and upended norms. It has become possible to use technology to handle individuals' personal data, as new types of behaviors have emerged that are in line with contemporary innovations and needs. Among these behaviors is facial print, which emerged as a natural result of advances in robotics and artificial intelligence.
The phenomenon of facial print in the current era is a reality, as we have witnessed in the presentations of leading companies in the field of artificial intelligence and robotics. The true background of this behavior is inspired by encouraging innovation among robot designers and manufacturers to create smart machines to serve society.
Facial print is legally acceptable, and the method used is acceptable and somewhat safe for the parties involved, as long as there are controls that include informed consent from one party to the other, and the relinquishment of rights to facial features forever in exchange for guarantees provided by the other party.

In general, establishing a company requires its founders to perform many of the acts stipulated by the Companies Law in order to complete its establishment, in addition to concluding many transactions for the benefit of the company under establishment, including contracts concluded by the founders with third parties. The Iraq Companies Law and other laws have stipulated many provisions regarding the establishment of the company, most of which appear to be mandatory rules, in order to protect the multiple interests associated with the company under establishment.
However, the founders of the company may commit some violations related to the establishment of the company by violating the procedures stipulated by law regarding it. In addition, there are some violations related to the actions and contracts concluded by the founders for the benefit of the company under establishment, which necessitates their liability for these actions. In order to clarify these violations and the liability arising from them, the research will be divided into two sections as follows: Section One: The founders’ liability for incorporation violations Section Two: The founders’ liability for the actions and contracts concluded for the benefit of the company under establishment

The issue of insurance against unlawful risks raises a jurisprudential and judicial debate between two opposing trends: the first considers coverage of these risks invalid due to their impact on public order or morals, while the second—which this research analyzes—calls for the possibility of covering these risks in specific circumstances, based on contractual considerations in accordance with the principle that the contract is the law of the contracting parties, and based on the obligation to compensate the harmed third party—the victim—who has no connection to the unlawful act.
In this context, our research highlights that contractual considerations can justify coverage of some unlawful risks, provided that the goal is to achieve a legitimate interest that does not conflict with the fundamental principles of public order. This view has found resonance in some comparative judicial applications, particularly in France and the United States. It also aims to demonstrate the legitimacy of this approach, which prioritizes the achievement of insurance justice by ensuring that victims fully obtain their rights, even if the source of the harm is an unlawful risk. This research also seeks to demonstrate that absolute adherence to the prohibition of coverage for these risks may lead to unfair consequences for others, especially in cases where the victim cannot avoid the harm, which justifies the intervention of insurance companies to bear the burden of compensation.

The study focused on the nature of the influence of international powers on the Iranian-(Israeli) rivalry in the Caucasus, as the Russian Federation sought to achieve a delicate balance in its relations with the two rival parties, Iran and (Israel), with the aim of protecting its geopolitical interests in the region, which is a strategic gateway to strengthening its influence in Eurasia by relying on a flexible policy to maintain regional stability there while strengthening its military and economic presence.
In return, the United States of America provided significant support to (Israel) with the aim of strengthening its influence in the Caucasus as part of its strategy to contain Iran, and this support included economic and military partnerships, which made (Israel) an influential player in the interactions of the regional system there.
As for Europe, it did not show a clear position on the Iranian-(Israeli) rivalry, because it preferred to focus on settling the Armenian-Azerbaijani conflict through peaceful means, in order to preserve the stability of the region and prevent the escalation of tensions, given that the Caucasus region is adjacent to European lands and has a major energy source, which is Azerbaijan.
For its part, China has adopted a pragmatic approach to dealing with the competition, as it sought to benefit from this polarization to strengthen its economic and political presence in the Caucasus. Therefore, we find that it preferred to maintain a balance in its relations with both parties, which enabled it to consolidate its strategic influence without siding with any party or risking its growing interests in the region.

The campaigns of genocide and enslavement that the Yazidi community was subjected to by ISIS elements, which began in 2014, revived the same old questions about the reasons that lead the ruling community, whether embodied in a state or an extremist movement, to consider the existence of the minority a threat to its entity or ideology, which prompts it to adopt a policy of exclusion and cleansing. The criterion of difference that structurally establishes the existence of the minority and creates its distinction from the rest of the members of the broader society, is almost the same as the incentive for the policy of genocide, considering that this difference is an issue that the ideology of the other party does not tolerate. This is what applied to the Yazidi community, which faced the ideology of a fundamentalist movement that considered it not only different but also the opposite of its religious beliefs.

This research examines the relationship between the increase in migration to the European Union and growth the far-right, especially after 2011, and the refugee crisis of 2015, which highlighted the issue of migration. It explores how the rise in migration coincided with the growing influence of far-right forces within the European Union. It clarifies how the far-right exploited popular fears related to national identity, security, and the labor market to construct anti-immigrant rhetoric to mobilize voters, leading to their rise in local and European elections. The study also highlights the impact of the far-right in increasing pressure on the European Union regarding the issue of migration and the decisions and policies related to it. It shows how migration was a strong catalyst, although not the only factor, interacting with deeper crises such as a loss of trust in institutions, which reinforced extremist and populist trends on the continent.

In democratic countries, political parties participate effectively in the public policy-making process, as participation is governed by constitutional rules and a set of other laws and institutional systems prevailing in the state. However, participation is not absolute. Rather, there is a political framework surrounding and influencing political parties, such as ideology, the nature of the political system, the party's influence in the political community, and the extent of its participation in the political process, which leads to its actual participation in the state's public policy-making process. Political parties' participation occurs according to distinct stages, each of which differs from the other. Examples of these stages are: the stage of mass mobilization; the stage of participation in political elections; the stage of enacting laws after obtaining a number of seats in the legislative authority; the stage of implementing and analyzing public policy after its formulation; and finally, the stage of feedback, in which the party evaluates its role in its participation in the public policy-making process. Political parties also resort to specific tools in their participation in the formulation of public policy in the state, such as mobilizing public opinion, political alliances, election campaigns, media outlets, and political propaganda. These tools then include the submission of draft laws and their enactment through the legislative authority, which drafts the state's public policy laws. Finally, the process of formulating public policy in a country is not an easy one. Rather, it faces difficulties and challenges. Political parties face these difficulties and challenges at the party level, the national level, and external influences, not to mention external interventions that attempt to direct and formulate these policies to their own advantage.

Djibouti has realized the importance of its location overlooking one of the world's most important waterways and its control of the southern entrance to the Red Sea via the Bab el-Mandeb Strait, where the Port of Djibouti is located. This port is located at the center of international and regional shipping routes.
This has prompted Djibouti to invest in it economically, politically, and militarily to address its weaknesses. The Port of Djibouti has become a transit point for the region, an international shipping point, and a refueling center. It has also become a free trade zone in the Horn of Africa and a center for service activities linked to its strategic location. It has also become a hub for foreign military bases, as Djibouti is the African country that hosts the most foreign military bases. Djibouti has sought to exploit

This research aims to test the conceptual foundations and theoretical assumptions of neorealism in cyberspace. The research focuses in particular on the issue of security, as it is one of the most important issues for realists. Here, the issue of cybersecurity is addressed from the perspective of neorealism in three steps. First, cybersecurity is integrated into the main analytical elements of neorealism, including international anarchy, states’ quest to maximize their power/security, and the security dilemma. Second, cyber deterrence and the balance of offense-defense in the cyber domain will be addressed as two ways to protect cybersecurity. Finally, the criticisms those neorealism analyses in cyberspace suffer from are presented. Overall, this research attempts to contribute to bridging the gap in the analysis of neorealism in cyberspace. It does do so by identifying gaps in the theory with the aim of pushing it towards developing a version of the realist theory for the cyber world.