Basra studies journal

Treating a patient by a medical team inherently involves several individuals. If the patient suffers harm, it's likely that each member of the medical team has contributed to it in some way. Therefore, responsibility must be distributed among them, either equally or unevenly depending on each one's contribution to the harm. If the patient contracting with the medical team is to benefit from guaranteeing his right, by agreeing to solidarity among the medical team, then this agreement has no place in tort liability. This is because the injured party usually cannot foresee the damages that may befall him in advance, so he resorts to agreeing on them by making solidarity among the members of the medical team about the damage. The contractual relationship may exist between the patient and some members of the medical team, while tort liability governs other relationships. These relationships result in harm to the patient and are then questioned in terms of solidarity, not joint liability.
Keywords: Responsibility, Solidarity , Joint , Members , Compensation.

The oil industries are an integral part of the national economies of many countries; however, they pose numerous environmental challenges, particularly concerning air pollution. The atmospheric environment is a crucial element for life on Earth, and pollution from oil industries can have severe effects, threatening both the environment and human health. This has led to the establishment of agreements aimed at protecting the atmospheric environment from pollution originating from various sources. The atmospheric environment is one of the most important natural resources relied upon by humans and life on Earth. To address emerging challenges and maintain a safe, pollution-free environment, several international agreements have been established to protect the atmospheric environment. Therefore, it is necessary to review these agreements, analyze their roles, and evaluate their effectiveness in combating pollution caused by the oil industries.
At the international level, a number of agreements have been made to protect the atmospheric environment from pollution from different sources. However, within the scope of our study, we will focus on the most significant of these agreements and their effectiveness in protecting the atmospheric environment from pollution caused by the oil industries.
Keywords: Oil Industries, Agreements, Conferences, International Protection, Atmospheric Environment.

Government contracts are a vital tool for the state in implementing its developmental and investment policies, directly linking them to public funds. The process of government contracting involves allocating significant financial appropriations, represented by large sums of public money. Due to the importance of these funds and their vulnerability to abuse by individuals, it is necessary to have a criminal confrontation to ensure the integrity of contracting procedures, preventing manipulation or tampering for the benefit of specific entities or individuals. Public officials, during the conclusion of these government tenders and auctions, may exploit their positions to serve personal interests by engaging in criminal acts known as corruption crimes and abuse of public office. This confrontation involves criminalizing actions and behaviors detrimental to the integrity of government tenders, as they are a fundamental tool used by administrations to execute government projects related to public facilities and their management. Additionally, mechanisms have been established to combat these crimes proactively, activating the role of supervisory authorities such as the public prosecution and the integrity commission. National and comparative legislations, as well as regional and international agreements, have undertaken the task of regulating mechanisms to combat crimes related to government contracts and criminalizing actions detrimental to them, whether in criminal laws or specialized laws regulating government contract tenders, or even the entities responsible for investigation and supervision, such as the Integrity Commission Law, Unlawful Gain Law, and other relevant laws. This is aimed at preventing crimes, corruption cases, and abuse of public office, which have a negative impact on government institutions and result in the waste of public funds.
Keywords: Mechanisms, Combat, Tenders, Government Contracts, Prevention.

This research sheds light on the role of direct constitutional standards in regulating administrative functions, as administrative function is the legal tool for implementing the public policy of the state, and the monitoring tool for all administrative tasks. Therefore, many countries with established administrative principles focus on establishing legislative rules that clarify the ethics of this profession and its internal and external environment. What distinguishes this function is that it has undergone two concepts: the first with a personal nature involving waste of disciplinary guarantees, and the second with a legal nature granting the necessary guarantees and attention to the administrative function in various fields.
This is achieved by identifying the most important direct constitutional standards that contribute to regulating administrative function, studying the implications of these standards on administrative organization, and identifying the main problems that hinder the application of these standards in organizing the function.
We adopted the descriptive-analytical approach to the texts of the constitution that dealt with the organization of administrative function, to determine the extent of the legislator's interest in these standards and their establishment as a basis for implementing the state's public policy. We cited some advanced countries as examples of how the constitutional legislator clearly stated these standards, and the effectiveness of their application in reality.
It turns out that the Constitution of the Republic of Iraq for the year 2005 did not regulate the administrative function, but Article (107) left the matter of organizing the function to the law, and in this regard, there is a clear shortcoming by the constitutional legislator. It is necessary to establish constitutional texts that include general principles for organizing the administrative function, so that the ordinary legislator can refer to them when organizing the function, and to ensure that he does not deviate in the use of this right granted to him by the constitutional legislator.
Keywords: Constitutional standards, Direct standards, Administrative function regulation ,Legal Department ,Descriptive Method.

The administrative judge bears the burden of achieving balance between the disputing parties, as he oversees the entire administrative lawsuit. The judge seeks to achieve this balance through his objective role, which is embodied in his intelligence and ability to derive judicial presumptions, considered primary evidence in administrative lawsuits. The judge relies on both material and moral elements as the basis for extracting judicial presumptions, which significantly contribute to balancing the parties by shifting the burden of proof from the individual to the administration. Judicial presumptions that the administrative judge derives are numerous and varied, with some of the most common being the presumption of the validity of decisions, certain knowledge, and abuse of power. The objective role of the administrative judge extends beyond extracting judicial presumptions to issuing the final judgment on the subject of the administrative lawsuit. It is noted that the powers to issue judgments are subject to a set of constraints. The importance of this topic has led us to explore it thoroughly, and through our research, we have reached several conclusions and suggestions.
Keywords: Objective Role, Administrative Judge, Judicial Presumptions, Judgment Issuance ,Administrative Pleading.

The criminal reality and its approach to a partial conception of judicial truth, by confining it to procedural truth, which is the truth of the crime embodied by judicial judgment as a figurative title. The approach to it constitutes a set of procedures stipulated by criminal legislation in the stages of criminal proceedings. Accessing it is not merely a set of procedures in the stages of criminal proceedings; rather, this truth is the evidential truth that results from criminal proof after judicial investigation procedures. What we aim for is that criminal reality is a realistic description of what criminal law should be and what it can accomplish in a specific social context of effective criminal organization that achieves the main function of criminal law. It describes the requirements of criminal treatment of social reality and the accuracy of that treatment, which depends on a high level of logical coherence among the elements of the legal-criminal concept. Thus, it serves as an epistemic intermediary between social reality and criminal law. It is the legitimacy of criminal law and its highest value, which is not realized except through scientific knowledge. This knowledge is only achieved through a scientific approach, represented by the (abstracting approach), legislation, and judiciary. This approach involves removing criminal law from all self-conceptions and overcoming cognitive obstacles that have formed in the mode of thinking of the criminal self, represented by the jurist, legislator, or judge, as a necessary introduction to forming scientific criminal thinking. Finally, judicial truth is a reflection of criminal reality in its legislative dimension, where the conformity is achieved not only between judicial judgment and the reality of the crime, but also when the conformity is achieved between judicial judgment and the function of criminal law.
Keywords: Criminal Reality, Social Reality, Epistemological Obstacle, Imaginative Logic, Situational Criminal Jurisprudence.

One of the most dangerous wars humanity faces is those involving nuclear weapons, as this type of weaponry does not distinguish between military personnel and civilians; it often affects civilians more than military personnel. The danger of using nuclear weapons became apparent after their first use at the end of World War II against Japan. Hiroshima and Nagasaki, two Japanese cities, were bombed on the sixth and ninth of August 1945, respectively, with two limited-size nuclear fission bombs whose destructive power equaled millions of tons of conventional bombs and projectiles, leading to the destruction of both cities. Consequently, the international community moved to establish rules prohibiting this type of weaponry. Many international agreements were concluded to prevent the manufacture and use of nuclear weapons. The United Nations also made significant efforts to prevent the proliferation of nuclear weapons. The General Assembly issued numerous resolutions to make the Middle East a nuclear-weapon-free zone, with the United Nations playing a significant role in this endeavor.
The prohibition and banning of nuclear weapons find their basis in the United Nations Charter, which prohibits the threat or use of force in international relations. Moreover, these weapons violate the right to life enshrined in Article 6 of the International Covenant on Civil and Political Rights. Additionally, the use of nuclear weapons contradicts the principles and provisions of international humanitarian law, which aim to protect and respect individuals in armed conflicts, provide the necessary means to preserve and respect their lives, and alleviate the suffering resulting from hostile acts to the extent permitted by military necessity.
Keywords: Nuclear Weapons Ban, International Humanitarian Law, International Human Rights Law , International Agreements.

The significant importance of banks, particularly Islamic banks, is well-recognized. Islamic banks represent the ideal investment institution for Muslim clients seeking to achieve halal profits without engaging in transactions that are prohibited or hindered by Islamic law. Islam prohibits Muslim clients from participating in transactions considered forbidden from their perspective, which encourages clients to invest in Islamic banks through various means, primarily through cash deposits. However, this process is not without challenges, as obstacles can arise that may hinder this investment. These obstacles are categorized into two types: those related to the nature of the operation and those related to the nature of the banking system. This study analyzes and discusses both types of obstacles, using legal texts from the relevant laws and the practices applied in Islamic banks as references.
Keywords: Islamic banks, cash deposits, investment, obstacles, banking system, halal profits, Islamic law.

Courts specialize in certain types of lawsuits based on their jurisdictional and territorial competence. Given the unique nature of disputes between workers and employers in part-time employment contracts, where there is an inherent imbalance between the two parties—employers typically being the stronger party both materially and socially, while workers are the weaker party—a special judiciary known as labor courts has been established. Labor courts do not rely solely on labor laws to resolve disputes but also apply relevant provisions from civil law, procedural law, and evidence law. Therefore, the jurisdiction of these courts is balanced between criminal and civil jurisdiction. To provide substantial protection to workers, the legislator has structured this judiciary into two levels and established appeal procedures, as well as mechanisms for the statute of limitations in labor lawsuits.
Keywords: Worker, Employer, Part-time Employment Contract, Statute of Limitations, Appeal.

The topic of civil liability arising from vaccine damages is one of the important and delicate issues, given its close connection to individuals' physical safety. Therefore, we have examined the legal adaptation of liability and found the differences regarding the nature of vaccine manufacturer liability. Some have emphasized contractual liability, while others have argued for liability based on negligence, which is what Iraqi law has adopted. This was done through the adoption of an analytical comparative study among the legislation of four countries: Iraq, Egypt, France, and Lebanon, while referring to opinions and judicial precedents wherever possible.
Keywords: Liability , Contractual , Negligence , Vaccine , Manufacturer.

Democracy is not achieved merely by the act of voting on election day. Many dictatorial political systems around the world hold periodic elections, and sometimes the voter turnout in these elections exceeds that of established democratic countries. This is because representative democracy relies on two pillars: firstly, that elected representatives truly represent the people, and secondly, that these representatives work for the benefit of the people. These pillars cannot be realized unless elections are free and fair. The integrity of elections depends on the organization of the electoral process, its fair conduct, and supervision by an independent, neutral, and professional electoral authority.
In Iraq, despite the transition from single-party rule to political and party pluralism, and despite the holding of periodic parliamentary elections after the US-British occupation of Iraq and the overthrow of the previous dictatorial regime on April 9, 2003, these elections did not produce true representatives of the Iraqi people. This can be attributed to various reasons, including legislative shortcomings in the law governing the Independent High Electoral Commission. Although the Iraqi legislature repealed the previous law governing the Independent High Electoral Commission, Law No. (11) of 2007, with the current Law No. (31) of 2019, and although this law addressed some of the deficiencies of its predecessor, it also suffered from shortcomings as it did not ensure the success of the commission in conducting free and fair elections due to its lack of necessary guarantees, particularly regarding the commission's independence, neutrality, and professionalism.
Therefore, the Iraqi legislature must address these gaps by amending Law No. (31) of 2019 governing the Independent High Electoral Commission to ensure the conduct of free and fair elections.
Keywords: Challenges of appointing judges to the commission's board, independence and neutrality of the Independent High Electoral Commission, professionalism and transparency of the Independent High Electoral Commission ,Democracy ,Board Commissioners.

The disciplinary system is one of the most important means of self-regulation in professional unions, given the significant authority vested in disciplinary committees or councils. This authority relates to the ability to assess errors and recommend appropriate sanctions, aiming to evaluate the behavior of professional union members, achieve discipline and compliance among them, and ensure the fulfillment of these goals. Professional unions have been granted disciplinary authority to monitor and guide committed members and to punish those who violate professional principles. The legislator has specified disciplinary sanctions in a non-exhaustive manner and arranged them in ascending order according to severity. Disciplinary committees and councils are granted discretionary power to impose sanctions deemed appropriate according to the severity of the violation, in case it is proven to have been committed by the union member.
Despite some variations in disciplinary systems, structures, and powers of disciplinary councils, and procedures for imposing disciplinary sanctions from one country to another or from one union to another within the same country, there are some commonalities. These include establishing general ethical and professional standards that members must adhere to.
Keywords: Professional unions, disciplinary powers, moral disciplinary sanctions, material disciplinary sanctions, Disciplinary Sanctions.

This research explores the damages resulting from electronic interactions, with a particular focus on audio, written, and visual electronic conversations between a man and a non-related woman, and the associated consequences. Amid the rapid advancements in digital technology and the significant progress in information technology and internet usage across various fields, several new communication methods have emerged. Over time, these methods have continued to evolve, enabling direct electronic communication between individuals via social media platforms. This is facilitated by programs that connect a user’s device with other devices over the internet, offering multiple services, including written conversations where one person writes to another from their device and receives an immediate response. Additionally, this technology supports audio and visual conversations.
Keywords: damages, electronic, interaction, consequences, Internet Usage.

The estoppel principle is one of the most important rules governing relations between states. According to this rule, a state is prohibited from acting in a way that contradicts its previous actions to the detriment of other states. This principle requires an international person to refrain from asserting anything that contradicts, denies, or opposes what it has previously accepted or agreed to, explicitly or implicitly, through words, actions, or conduct, which goes against the principle of good faith. The estoppel principle also serves as an appropriate corrective tool that helps achieve stability in relations between states, reinforces the requirements of ethics, and embodies justice among states.
Keywords: Principle, Estoppel, Good Faith, Contradiction

Aspecific Refered Journal Published by the center of Basra Studies &Arab Gulf / Issned in Cooperation With College of Law Basrah University