Journal of Legal Sciences

This research examines South Korea\\\\'s treaty incorporation methods by showing that its monist constitutional framework under Article 6(1) grants treaty laws domestic effect yet functional pluralism exists in practice. The courts use treaties at different levels of directness based on the nature of the subject matter and the clarity of the norms and the level of legislative backing. The Korean National Assembly maintains minimal involvement in treaty matters after the ratification process while the lack of a defined self-execution doctrine leads to inconsistent legal application and unclear interpretations. It should be noted that this research positions Korea within global constitutional pluralism through comparative analysis with Japan and four European nations (France, Germany and the United Kingdom) to show how treaty incorporation depends on judicial discretion and legislative involvement and institutional coordination.
This research proposes specific reforms to clarify judicial enforceability standards and boost legislative involvement to achieve better doctrinal consistency and institutional alignment. Hence, this research presents Korea\\\\'s treaty integration system as a practical pluralist model which follows modern global constitutional developments.

Environmental damage and the worsening climate situation increasingly raise the question of measures to be taken to protect the environment. Among the possible legal tools, the concept of legal personhood (or personality) is mentioned, which guarantees the recognition of rights.
Until now reserved for natural persons and groups of people, the concept could be expanded to non-human entities, including certain elements of nature, such as animals and rivers. A few concrete experiments support this movement, which is gaining momentum around the world, despite still significant resistance.
Should we therefore grant legal personality to nature, or should humans remain the sole holders of rights?

This research addresses the public interest within the framework of constitutional law, as some constitutional courts, including the Federal Supreme Court in Iraq, have tended to accept the public interest and replace it with personal interest in appeals filed regarding the unconstitutionality of laws or regulations or the invalidity of federal decisions or procedures.
This research tries to show the standards followed by the court regarding the acceptance of public interest in Iraq, which were represented by election laws, legislative omissions, and public prosecution appeals, in addition to analyzing the judicial trends of the Federal Supreme Court in the decisions issued by it regarding appeals submitted by members of the House of Representatives, as they are representatives of the people. Reviewing the constitutional and legal arguments and grounds on which the court relied in accepting the public interest as a condition for appeal and abandoning it in modern trends.

Artificial intelligence (AI) has gone beyond being a mere tool and has become an augmenter of the administrative activities of commercial company managers. This raises questions about the impact of AI on the board of directors' commitment to working to achieve the company's best interests. AI intervention raises significant issues stemming from its inherent nature. Its operation inevitably relies on specific inputs and control over its inputs and working mechanisms is not limited to the board of directors but encompasses multiple Interveners. Furthermore, a significant issue arises regarding the recommendations produced by AI: to what extent can the board of directors’ trust AI outputs, and how can it verify that they serve the company's best interests? Given the inadequacy of the general rules governing commercial companies to address the legal challenges posed by AI interference in company management, the study concludes that the UAE legislature must establish specific legal rules regulating the obligations of those involved in the operation of AI systems within the company. Which should ensure the fulfillment of the duty of loyalty, guarantee the quality of the inputs upon which AI operates, and establish applicable mechanisms for reviewing and monitoring AI outputs.

The current series of wars and the violence and rape committed by entities and states have prompted me to think about researching how violence and rape can fall under the umbrella of my specialization in public international law. The wars in Gaza and Ukraine have highlighted the importance of individual freedom from state violence and armed entities, which has been affirmed in human rights for all without discrimination on the basis of race, gender, language or religion, while international law has developed and developed specialized systems related to human rights and international criminal law alongside international humanitarian law to prevent and protect against violence. However, most international resolutions have become in an international legal vacuum; they refer to and rely on the three legal systems - international humanitarian law, international criminal law and human rights. This research addressed the concepts of violence and rape in armed conflict and thus touched on the various international legal systems that prohibit it and the national measures that restrict it. Pointing to the violations and historical precedents that occurred according to the inductive approach by analyzing the facts, until the weakness in accountability on the one hand and the increase in violations and the fragility of treatments on the other hand became clear, so that the research reached a conclusion and specific recommendations.

The tax law, like other laws, is a manifestation of state sovereignty, as each state exercises all its powers within the scope of its territory without exceeding the borders of other, which is expressed in the principle of territoriality of the tax law, This means that every country cannot impose its taxes outside its borders, this thing may be a natural in the past where the activity of individuals did not pass the borders of their countries, but under the economic development and the activation of trade exchange between countries and investments which exceeding the borders of regions, and the emergence of the multinational companies, all of these made The world as one village, so it will be necessary to determine the tax domicile differently, according international standards, because it related to huge revenues that countries may lose as a result of applying the old concept . It is also necessary to point out the weak points in this regard, which the legislator must reconsider and amend to ensure proper implementation of the law to achieve its goals at all levels.
The Emirati legislator has stipulated this in the Tax Procedures Law and its Executive Regulations, as well as in the Corporate and Business Tax Law, and in multiple administrative regulations, so it will be necessary to prepare a comprehensive study of all the provisions of tax domicile in accordance with Emirati legislation, especially UAE is one of the most important investment destinations in the world.

The Kingdom of Saudi Arabia has created the economic climate, diversified its economy, encouraged the private sector and worked to increase its contribution to the economic field, and established many incentives and guarantees to increase foreign direct investment flows. The study was divided into three main sections, preceded by an introduction and followed by results and recommendations. The first section dealt with the nature of economic diversification, its types, justifications, and goals in two topics. The first topic is entitled defining economic diversification and its types. The second topic is about the goals and justifications for economic diversification, and then the second topic is about the nature of foreign investment, its types, goals, and importance in light of Vision 2030. The first topic was entitled the concept of foreign investment, its types and objectives, the second topic was the incentives and obstacles to foreign investment in light of Vision 2030, and the third topic dealt with the impact of economic diversification on the development of foreign investment in Saudi Arabia. In two demands, the first entitled the relationship of foreign investment to economic diversification and the Public Investment Fund, and the second demand to increase economic diversification and develop the volume of foreign investment in Saudi Arabia.

Artificial intelligence has a two-fold impact on the environment in which humans live. It is positive in preserving the environment by repelling the dangers of machines and technology, on the one hand, and negative in its impact on humans through radioactive emissions, gases, and machines used by these technologically advanced devices locally and internationally and the extent of their impact on humans.
Through this research, we will discuss the Iraqi legislation that dealt with the protection and improvement of the environment and its preservation from dangers, including the Iraqi Penal Code No. 111 of 1969 as amended, the Environmental Protection and Improvement Law No. 76 of 1986, the Environmental Protection and Improvement Law No. 3 of 1997, the Environmental Protection and Improvement Law in the Kurdistan Region No. 8 of 2008, the Environmental Protection and Improvement Law No. 27 of 2009 in force, the Ministry of Environment Law No. 37 of 2008, and Instructions No. 1 of 2013 issued by the Iraqi Ministry of Environment, and the extent of the positive and negative impact of artificial intelligence on the environment and when criminal liability is established.

Compensation for moral damage is in great need of continuous study, in order to adapt to moral effects, and the reason for this is the extreme fatigue as long as the effects of moral effects and then assessing its subject materially, then this depends to a large extent because of its more than objective character, which led to a problem in practical reality, where the inability to compensate for moral damage. The problem is not in the refusal of the judicial authorities to compensate for moral damage, but in the absence of an amendment to estimate compensation for moral damage, and then rule on it.
In order to reach a theatrical concept for mechanisms for compensation for moral damage, this study used comparative experiments in addition to analytical description, which helped the researcher to explain, detail and allocate compensation for moral damage in a number of countries, divided into three groups: the first, America and Britain, the second European countries, and the third the Kingdom of Saudi Arabia. The study reached many results, the most prominent of which is: the possibility of proving the right to compensation for moral damage on the control of laws and regulations in these countries, which we divided into three groups. The study recommends the importance of the criteria for determining compensation for moral damage, the more reliance on administrative personal criteria in compensating for moral damage, and the strength of the compensatory bond for this effect, which leads to achieving the goal, which is to reach the appropriate personal recognition in compensation for moral damage.

In the current landscape of advancing technology, commercial advertising is an indivisible part of the contemporary economic environment, due to the crucial role it plays in introducing consumers to various products and services through both traditional and digital channels. This advertising conveys messages that include data and essential information that enhances consumers' understanding of market trends and conditions, as well as the various types and characteristics of products and services. This knowledge helps consumers make informed decisions when selecting goods that meet their needs.
However, commercial advertising can also be misused by some producers and distributors, through the use of attractive but exaggerated methods that emphasize the benefits of their products beyond legally permitted limits. and ultimately, this leads to misleading and confusing consumers about which products and services to choose. Such misleading advertising can result in decisions based on incomplete or false information. Therefore, the potential harms of misleading commercial advertising appear on the consumer, so we must highlight the need for effective legal protections against such deceptive and false advertising practices, Specifically, criminal protection.
Therefore, this study is concerned with examining the relevant Legal rules and assessing the extent of the Palestinian legislator's focus on regulating commercial advertising to protect consumers from deception and negative influences. Additionally, the study focuses on the criminal protections the legislator has established to safeguard consumers against misleading commercial advertising.

The principle of exhaustion of jurisdiction is one of the important principles in judicial organization. The regulatory texts in the system of Sharia litigation refer to its adoption and implementation. Some scattered texts in the system indicate that as soon as a judicial ruling is issued on the subject of the dispute, the jurisdiction of the judge ends. For example, Article (167) of the system states, "If the jurisdiction of the judge ends regarding a case before the ruling is pronounced." This article indicates that the jurisdiction of the judge ends immediately upon issuing the judicial ruling in the case, and the end of the judge's jurisdiction is referred to as the exhaustion of jurisdiction for the judge or the court. As a result of this principle, the judge is not allowed to reconsider the case or the judicial ruling issued therein, although the texts of the system do not explicitly mention this.
Moreover, there are texts that contradict this principle, such as Article (189) of the system, which allows the judge to reconsider the ruling issued for modification. This text contradicts the principle of exhaustion of jurisdiction.
This prompted a discussion of the topic, addressing the concept of the exhaustion of the judge's jurisdiction, its importance, and the exceptions that apply to it, followed by the conclusion of the research, which included the findings and recommendations.

Maintaining secrets reflects the extent of trust placed by the owner of the secret in those with whom it was deposited, and revealing these secrets is considered one of the abhorrent and disgraceful acts that make their owner an object of contempt, ridicule, disrespect, and untrustworthy by others, and from this standpoint, in order to preserve the professional secrets of the employer (The legislator has obligated the worker to preserve these secrets that come to his knowledge by virtue of his profession and work, and aware of the danger of this act on the personal rights of the employer, in addition to its danger to the commercial business, and that it would expose the employer to serious harm. Therefore, the legislator criminalized this behavior. Representing the disclosure of professional secrets because of their significant impact and damage on the employer and on businesses and commercial projects in the future.

During times of economic crises, individuals, particularly those with lower incomes, seek guidance as well as social and economic protection from the established political structure. This requires a focused and coordinated effort by governmental institutions to tackle the consecutive economic crises that the country is experiencing. Taxes serve as a significant tool for the state to exert influence over economic activity and play a vital part in addressing economic crises. This position entails the attainment of economic stability as a primary objective, in addition to its social and political goals. This is achieved by generating targeted tax revenues and taking into account the sectors that are impacted during times of crisis. The tax system is crucial in the aftermath of a crisis as it helps to tackle the economic and social consequences of the crisis. This includes dealing with reduced tax revenues, which have a long-lasting impact, contributing to the state's budget deficit, and providing support to the groups affected by the crisis.

be proven, as man is a social being who cannot live alone, and therefore there is no dispute about his inability to meet his needs by himself. This exchange of benefits takes place through a legal means called (contract). Everything we obtain today of basic needs for the purpose of securing living, housing, trade and exchanging experiences is done through one path, which is the agreement that may be made between its parties directly or through an intermediary.
Contracts differ in terms of importance. What we derive from the contract through meeting our simple needs does not raise any problems, and we do not suffer from the difference in the circumstances in which it arose, considering that its implementation takes place at a single moment in time.
However, large and continuously implemented contracts, which may take a long time to achieve the interests of their parties, may be subject to some force majeure circumstances that were not expected to occur, and none of them prepared themselves to confront them and adapt to them, which puts them in front of a huge and burdensome loss, which necessitates restoring the economic balance of the contract.
Restoring the economic balance of the contract should not be left to the will of its parties, but rather the judiciary should undertake this by granting it discretionary authority in light of which it moves to reduce the severity of the burden that has been inflicted on the debtor, even if not completely, but in the manner that he can bear under normal. Manner that he can bear under normal circumstances
Accepting this intervention was not easy in light of the dominance of the principles of the authority of the will and the binding force of the contract, as the convergence of the two wills on the establishment of the contract was considered a law that must be respected, and no amendments to it were made regardless of the circumstances facing its contracting parties. However, social, economic and political developments did not take long to change this firm conviction of the strength of the will and its opposition to any amendment to the contract. Legislation responded to the principle of the judge's intervention in restoring the economic balance of the contract if its parties faced exceptional circumstances that made the implementation of the contract burdensome for the debtor and he faced a huge loss as a result. Or if the agreed compensation estimated by the contract.
ting parties was exorbitant, or if the contract included arbitrary conditions that the weak party in it could not bear, which necessitated the intervention of the judiciary to amend or exempt from them.

This research aims to demonstrate the impact of the mechanism for estimating the percentage of illicit gains in financial disclosure declarations on its effectiveness in protecting public funds. An effective mechanism must be established to fulfill its primary purpose — safeguarding state assets. To identify the optimal mechanism for achieving this objective, the study adopts an analytical approach to the legislative texts related to this subject in Iraq, in order to identify areas of weakness and deficiency. Additionally, a comparative approach is employed by examining the corresponding legislation in Egypt and Jordan. Specifically, the study compares Iraq’s Federal Commission of Integrity and Illicit Gains Law No. 30 of 2011 (as amended) with the relevant laws in Egyptian and Jordanian legislation.

The research dealt with defining international and domestic law and its trends in the first section. In the second section, the research dealt with the theories of the two laws, and in the third section, the position of international law on the Iraqi and Jordanian legal system.
I divided the first section into two requirements: The first was to define public international law as a branch of legal science and how scholars differed in naming this law. Some called it) the law of nations) and some called it) the law of peoples). I explained its trends, which are the classical trend )which is a group of legal rules that regulate relations between states, and it is concerned with regulating rights and duties) and the objective trend)Which considered the individual to be the only person of international law, who has the will, and that the legal personality of the state is merely an assumption that has no reality in existence) and the modern trend) which is to combine in their definition of international law the state and other persons of international law)
In the second section, I defined internal law and explained the definition of legal scholars and philosophers, which is a formula for social behavior patterns. In a narrower definition, it is: a set of binding rules that govern the complex relationships of people living in society.
In the second section, I discussed the theories of international and domestic law, where I explained in the first section the theories of the two laws, which are: )the theory of duality: which means making the rules of public and domestic international law one block, i.e. a legal system that is not separate from each other) and the theory of )the unity of law: which is the opposite of the previous theory and considers each law separate from the other, and is based on the idea of legal gradation). On this basis, the supporters of the theory of the unity of law were divided into two directions) The first is the proponents of the theory of the unity of law and the supremacy of domestic law, and the theory of the unity of law and the supremacy of international law), and in the second requirement I showed the conformity of the two laws with the constitutions of the countries and its position on the Iraqi and Jordanian law. I showed in it that as a result of the contradiction between the theory of duality and the theory of the unity of law, the practical applications also differed through) international relations, international judiciary, and the constitutions of the countries). In the third section, I explained the position of international law on the Iraqi and Jordanian legal system, and explained the constitutional articles and laws in both countries.

The existence of constitutional judiciary in every state, along with its composition, jurisdiction, and safeguards, is considered one of the key topics in the field of constitutional law in general, and in light of the provisions of the Constitution of the Republic of Iraq of 2005 in particular. This importance arises from the fact that this is the first time such a judiciary has been introduced in an Iraqi constitution, represented by the Federal Supreme Court. Previous Iraqi constitutions either lacked the presence of such a judiciary entirely or included it in a formal or symbolic manner without granting it the powers necessary to function effectively. In contrast, the 2005 Constitution explicitly outlined the structure, jurisdiction, and safeguards of the Federal Supreme Court, recognizing its establishment as part of the political transformation that occurred in 2003, and based on the (now repealed) Law of Administration for the State of Iraq for the Transitional Period of 2004.
Given the differences in the legal framework governing the Court between that transitional law and Law No. (30) of 2005, on the one hand, and between its legal framework under the 2005 Constitution and the First Amendment Law No. (25) of 2021, on the other hand, it becomes essential to highlight the distinctions between these legal arrangements in three key aspects: the composition, the jurisdiction, and the safeguards of the Federal Supreme Court. Moreover, it is crucial to examine the constitutionality of the First Amendment to the Court’s Law. Therefore, this significant topic warrants careful study and analysis.

In line with the United Nations Convention on the Rights of Persons with Disabilities, the Jordanian government introduced the Law on the Rights of Persons with Disabilities of 2017, also known as the law. This review examines the law, assessing its alignment with the needs of Persons with Disabilities (PWDs), its congruence with international disability policy frameworks, and its local implementation. Using the 18 core concepts of disability policy formulated by Turnbull et al. (2001) as a benchmark, the law\'s effectiveness was assessed. The analysis confirms that the Jordanian government\'s initiatives in supporting PWDs align with the UN Sustainable Development Goals (2015). This indicates that the law resonates strongly with the essential concepts outlined. For disability-related policy initiatives to achieve lasting success, they must emphasize autonomy, confidentiality, and a family-centered approach. The study further concludes that inter-agency collaboration and coordination are vital for the effective realization of disability policies. Additional findings highlight the need for increased funding and the establishment of robust monitoring mechanisms to oversee policy progress. Given the evolving global context, policymakers in Jordan and other low to middle-income countries must ensure that policies are adaptable to cater to the needs of PWDs during emergencies. Engaging PWDs in meaningful discussions is crucial for fostering an inclusive approach.

The Bundle Theory, or Electronic Personhood Theory, in the context of artificial intelligence (AI), is a theory adopted by the European legislature under the Artificial Intelligence Act 2024. It represents a legal and philosophical approach aimed at treating intelligent entities (such as robots and advanced AI systems) as independent legal persons, bearing certain responsibilities or possessing certain rights. The theory suggests that legal personality is not a fixed entity, but rather a bundle of legal attributes (such as financial liability, the right to sue, and liability) that can be granted to entities as needed. This theory has been used to grant legal status to companies and legal entities. Consequently, a future-oriented perspective has emerged, recognizing the legal personality of robots equipped with artificial intelligence, in order to hold them liable for damages that may be caused by their application to advanced AI systems. In our research, we adopted a descriptive approach by reviewing and analyzing conflicting jurisprudential opinions regarding the attribution of legal personality. We also defined the concept of the bundle theory and demonstrated its acceptability, with the aim of assessing the final position of the legal personality of artificial intelligence. Among the results of this study, as an approach to the problem of attributing legal personality, is the possibility of attributing legal personality to artificial intelligence under the bundle theory, considering it an electronic third party, subject to two restrictions: the first is its nature, which prevents it from acquiring certain special family rights; and the second is the restriction of specialization, which limits legal activities to the purpose for which it was created.

A foreign judicial ruling is not executed outside the territory of the court of the country that issued it by enforcement of law, but its implementation requires the intervention of the judicial or administrative authority in the requested state in respect of the principle of independence and sovereignty of the country. The latter undertakes the task of bringing down the ruling to apply repetition that benefits from the ruling issued in his service, and countries differ in determining the procedures followed to implement the foreign judicial ruling as well as they differ in determining the authority responsible for implementing a foreign judicial ruling. In Iraq, the Iraqi Court of Cassation hesitated in its successive provisions to determine the authority responsible for implementing a foreign judicial ruling, sometimes making this task the responsible of the Court of First Instance, which requires the interested party to establish a lawsuit for the purpose of implementing the ruling, and sometimes making the task of implementing the foreign judicial ruling of the responsibility of the implementation department to issue an implementation order, especially if the country from which the foreign judicial ruling was issued is a member of the Riyadh Convention on Judicial Cooperation of 1983.