AL-MA’HAD

In spite of the care, care, and accuracy in making the constitutions in general, some countries - with recent experience in writing democratic constitutions - note that the texts of their constitutions are punctuated by a clear deficiency or new legal facts may arise that the constitution cannot cope with, which naturally creates a vacuum In the constitutional document, the constitutional text itself fails to provide a solution to a specific legal issue that exists or is emerging later, in addition to the ambiguity approaching the void in the text, in terms of the result and the performance of the interpretation to confusion or ambiguity.
As a result, in all cases that give rise to the constitutional void, it is not possible to infer the real will of the framers of the constitution, and to fill this void, the bodies that have the authority to amend the constitution must follow the procedures stipulated in the constitution to amend it, to overcome the deficiency and raise the ambiguity that marred the constitutional document, except That the amendment is not always within reach as a result of the procedures that may be very complicated in amending the constitution, especially the federal constitution, and as a result, years and decades may pass and the amendment does not happen, and here the constitution’s need for judicial interpretation appears, to overcome the deficiency and clarify ambiguity in the constitutional texts of Fill the vacuum in the constitutional document.
And the Federal Supreme Court exercised its interpretative jurisdiction of the constitution in order to clarify what was obscene in terms of rudeness, complete what was short of its texts, and graduate what was lacking in its provisions and reconcile its contradictory parts with a view to filling the constitutional void, by removing the confusion from the rhetoric the text to be interpreted or setting new principles that did not Included in the constitution.

Elections and presidential elections were introduced, and they entered parliament in 1980, 16 women won membership in the National Council, and in 1984 33 women won membership in the National Assembly, thus recording the highest percentageWomen to Parliament), and Iraq is among the 12 Arab countries that joined the (CEDAW) Convention , as it joined on August 13, 1986, and on the basis of this accession, the member state is entitled, according to the text of Article (28) of the agreement, to allow member states to make reservations at the time Ratification or accession to the agreement, but it is not permissible to make any reservation that is inconsistent with the object and purpose of this agreement, as it agreed to most of the terms of the agreement

Analytical studies are among the most prominent studies that give practical results, touching on the strengths and weaknesses of the subject of research, and perhaps one of the most important topics that must be studied according to this approach is objective controls of attribution because of their importance and great impact on individual relations, as well as the legislative neglect that followed. Delaying it from keeping up with the developments that have affected this type of rules, what required that we pay attention and re-study it from the teleological approach that depends on the objective of the objective base of reference, and this matter will be done through exposure to those rules regarding contractual and other non-contractual obligations

The Corona pandemic created changes in international relations that had geopolitical and geostrategic effects that formed a global crisis that was of depth and influence that threatened the global political system with reshaping. The crisis began with two main drivers, economic and health, its impact expanded later on to other fields that led to the world entering a contradictory system. As for health and work to reduce the number of victims, by adopting the total shutdown option, and the consequent economic recession, and what may follow economic depression may be inflicted , or the crisis should be addressed within a framework of International cooperation and coordination.
The countries at the beginning of the pandemic's spread had granted the primary health factor and headed towards the shutdown, which threatened the world to enter into a global recession.
These variables made the decision makers to reconsider their accounts, and move towards partial shutdown first, followed by opening up coexisting with the pandemic, and relying on preventive measures Personal health, social distancing. Finally thinking about actions to activate a degree of economic globalization and environmental globalization, supported by an awareness of the inability of any country to solve global crises by acting alone.

A contract that is formed in accordance with the provisions of the laws, is inter-force between its parties (Pacta Sunt Servanda). However, such principle is not absolute, as unforeseen changes in circumstances constitute one of the main constraints or problems that parties may face in international trade. The research focuses on studying the change of circumstances during the implementation phase of the contract (at the domestic and international levels), specifically the issue of onerousness (hardship) and the state of impossibility (force majeure). This is done by using the analytical method and trying to rooting both concepts. The research explores their historical background and their presence in different national legal systems, such as England, France, and Iraq. The research continues to study the international legal texts are the UNIDROIT principles, the principles of European contract law (PECL), the Vienna Convention for International Sale (CISG), as well as the provisions of the International Chamber of Commerce (ICC). It is hoped that the awareness of the different trends and approaches in comparative law will be beneficial to the Iraqi dealer in this field, especially with regard to international trade contracts.

The civil law dealt with the Lease contract in general with in the section devoted to personal rights , while it mentioned the right of a long lease with in the rights in kind without introducing specific provisions for right , and if it is evident to distinguish between them in the sense that the first is a personal right and second is a real right , but it is necessary to set a specific standard that separates them , because both of them respond to the ownership of a known benefit by a known compensation for a known period ? Then , the real Estate Registration Law has dealt with the right of a long lease with the right musataha and subjected the first to the provisions of the second , but there are difference between hem that were not clarified by the Law , and the research tries here to set a standard separating between them , and for the purpose of briefing the topic , the researcher divided this research into two topics. in the first section he spoke about the objective criterion for a long lease contract , while in the second topic he dealt with the formal criterion for this contract , indicating the duration of this contract in terms of its maximum and minimum , and the necessity of establishing construction on the land and the necessity of registering this contract in it, it is clarified how the compenstation will be calculated for the lessee if the contract is terminated before its term.

Electronic government is the basic infrastructure in which citizens services are achieved. through the usage of modern technologies and communications in government department to exchange information with individual more efficiently, in addition to improving the response of the government corporation to the needs of individual. The usage of what is known as Electronics government has helped many government corporation to deal with all their document and administrative work in a modern way. while dropping traditional approaching in order to be replaced by Electronic government . this has led to increase the need for making changes in the ways and methods on which traditional management, is based in order to provide opportunities to implement the Electronic government system, The Electronic government is broader than just being informative and modern technology. It represents a complete philosophical management which requires qualitative change that aims at reviewing the concepts of government work and the contents of the services it provides. It is a formulation of a new reality in the light of the interrelationship between government corporations on one hand and the number of beneficiaries on the other

In light of what the world - in general - and the Arab region B witnessed other variables, after the events of what is known as (the Arab Spring), and what that stage witnessed, in terms of the fall and change of political regimes with all their ideologies, and the rise of regimes with different ones, other in general to another The emergence of interactions based on new foundations in foreign policy.

Since international organizations originated in the very beginning, especially at the inception of the League of Nations, the major countries in the world have sought to find some kind of lead in membership organizations without other members of the organization, especially in decision-making and control the fate of the organization in line with the interests of these countries at the global level this has been reflected in the membership of the League of Nations, C0uncil and then in the membership of the UN Security Council of the United Nations , as made from the five major countries in the world permanent members of the Security Council and give it the right to (veto), but the situation is different than in the membership of the board of Directors ILO, as Ten permanent members of this organization which states those with major economic importance in the world do not enjoy this right, but there are equality among all Member States of the Organization in terms of voting, whether or not they're permanent, unlike non-permanent equality double in the Security Council.

Oil contracts are the key contracts that raised broad controversy in the legal, juristic and economic spheres, respectively, and this controversy comes from several sides, primarily the matter of those contracts, which is petroleum, which is an economic commodity that was economically discovered from the end of 19th century to date.
Importance of this commodity drove diversity and multiplicity of the conditions contained in those contracts. The key and most controversial condition is that of legislative stabilization which was widely debated and discussed in juristic media of all approaches. We have discussed the condition in the research titled "condition of legislative stabilization and its role in oil contracts arbitration" in three sections. The first section concerns definition of legislative stabilization condition and types in two topics. The first topic defines the legislative stabilization condition and the second for definition of its types. In the second section, we handled the stance of jurisprudence and the consequences thereof in three topics the first of which is that of the stance of jurisprudence and the second in its legal framing and consequences. In the third section, we handled the role of legislative stabilization condition in the terms of oil contracts arbitration and handled the key arbitral awards in the contracts the matter of investigation which contained condition of legislative stabilization in four topics the first of which is Texaco Arbitral Award of 1977, the second is Liamco Arbitral Award of 1977, the third is Agip Arbitral Award of 1979, and the fourth and last one is Aminoil Arbitral Award. We concluded by investigation set of conclusions and recommendations that we noted in place.