Ashur Journal for Legal and Political Studies

This study investigates the complex relationship between cyber warfare and international humanitarian law (IHL), focusing on whether cyberspace is legally ambiguous or overlooked by states with advanced cyber capabilities. Utilizing a dual approach, it emphasizes the International Committee of the Red Cross (ICRC)’s affirmation of IHL's adaptability. It examines the legal criteria outlined in the Tallinn Manual regarding when cyber operations qualify as armed conflict. The findings indicate that while customary IHL principles can apply in the digital realm, significant data protection, civilian targeting, and attribution ambiguities hinder effective enforcement. The paper argues that major cyber powers often reject IHL applicability, not due to legal gaps, but as a strategic choice disguised as ambiguity. In conclusion, the study offers original proposals, including the recognition of "critical civilian datasets" requiring protection and the introduction of a legal standard called "functional lethality," advocating for a proactive regulatory framework to enhance humanitarian protections in cyber warfare.

This research addresses the issue of the peaceful use of nuclear energy within the framework of international legal rules, focusing on the Iranian situation as a model. The research presents the basic rules governing the peaceful use of nuclear energy in accordance with international law،It distinguishes between the rules governing the possession of nuclear weapons and those governing the peaceful use of nuclear energy. It also discusses the rights of states to use nuclear energy for peaceful purposes within the international legal framework, as well as their obligations to the international community، Including its commitment to transparency and cooperation with the International Atomic Energy Agency (IAEA). Finally, the paper presents the challenges facing Iran in this context and how it is dealing with the current crisis. It also discusses the options available to the IAEA and Iran in an attempt to overcome this crisis.

Moral attribution is the psychological component of a crime and expresses the mental connection between the perpetrator and the criminal act, embodying the unity of will and behavior in the criminal field. This concept is based on the premise that responsibility is not based on the mere physical occurrence of an act, but rather on the values of justice, which require awareness and choice. From this standpoint, moral attribution acquires a philosophical dimension represented by respect for the freedom of human will, as the individual is only questioned about what he chose voluntarily or what he should have paid attention to based on reason and conscience. Thus, it represents the embodiment of the principle of personal criminal responsibility and achieves a balance between society's interest in deterrence and protecting individuals from punishment for acts that were not based on free will or conscious awareness. Moral attribution, within the Iraqi legal framework, remains a pillar for achieving justice and preserving human dignity. 

This chapter explores the intersection between the deterministic execution of smart contracts and the unpredictable nature of delay, a legal phenomenon historically embedded in human discretion and normative flexibility. While smart contracts promise automated, trustless enforcement, they reveal critical vulnerabilities when confronted with unforeseen disruptions, particularly in the context of technical rigidity and legislative gaps. The discussion navigates through the architectural challenges of code literalism, the oracle dependency problem, and the doctrinal limitations of classical contract law in adjudicating delays devoid of intent or culpability. It also examines emerging hybrid legal-technical frameworks, including regulatory innovations in the EU and UK, and the conceptual development of Lex Cryptographica. Ultimately, the chapter proposes a recalibration of contract theory and practice, advocating for a pluralistic approach that integrates technical resilience with normative safeguards to manage delay in a digitally autonomous age.

This research aims to analyze the radical transformations in the concept and practice of administrative control authority in Iraq after 2003. Following decades of centralized totalitarian rule that granted this authority broad and unrestricted powers under the guise of maintaining public order, the new phase has presented challenges necessitating a delicate balance between the demands of state stability and societal security, on one hand, and the protection of fundamental individual rights and freedoms enshrined in the new constitution and international standards, on the other. This study will trace the evolution of this authority within the complex Iraqi context, characterized by security, political, and economic challenges. It will also unravel the inherent dialectic between preserving public order and safeguarding rights and freedoms, examining the legal framework governing this authority, the challenges faced in its practical implementation, and the consequent implications for the rule of law and citizens\' rights. The research adopts a critical analytical approach, drawing upon legal and constitutional sources, judicial rulings, specialized studies in Iraqi administrative and constitutional law, as well as reports from relevant international and local human rights organizations. Ultimately, this research seeks to provide a comprehensive overview of the current state of administrative control authority in Iraq, offering recommendations to strengthen the rule of law and protect rights and freedoms amidst ongoing challenges.

The Polish thinker (Zygmunt Bauman 1925- 2017AD) introduced the term liquid modernity in his book Liquid Modernity, and then followed it with several works known as the Liquidity Theory, in which he criticizes contemporary human life in its various aspects of the Western postmodern era, Especially political, economic and social, He presented a theoretical construction for this term, which included intellectual connotations and structural manifestations. Therefore, the research was organized into two sections, The first revealed the intellectual connotations of liquid modernity, and the second clarified the structural manifestations of Iiquid modernity.

Foreign oil investment enables developing countries rich in oil resources to optimally exploit this wealth by developing and upgrading the oil sector, which is relied upon to achieve comprehensive economic development. This is done by giving a driving force to the national economy, enhancing its ability to interact with the global economy, and participating in the international production process. However, the investment environment in the oil sector may face serious threats resulting from crimes such as oil smuggling and the sabotage of oil facilities. Oil smuggling, when committed, results in oil resources falling outside the control of the state, leading to the depletion of national wealth on one hand, and harming investment interests on the other. As for sabotage crimes, they pose a more serious threat as they target oil infrastructure, disrupting vital facilities and equipment, endangering workers\' safety and the security stability of investment areas. These crimes negatively affect oil production operations and consequently turn the oil sector into a hostile environment for foreign investment, which reflects negatively on the implementation of the desired strategic economic development plans.

This research aims to shed light on the reality of environmental governance in Iraq by analyzing the theoretical framework of this concept and its main principles, and by assessing the major challenges Iraq faces. The focus is placed on issues such as water scarcity, the deterioration of the marshlands, climate change, pollution, and weak environmental legislation. The study adopts a descriptive and analytical methodology based on updated environmental data and existing institutional practices, along with a review of the efforts of local and international environmental organizations operating in Iraq. The research indicates that environmental governance in Iraq still suffers from a lack of coordination among government institutions, overlapping authorities, and weak enforcement of environmental laws, despite the presence of some promising initiatives. Additionally, the lack of funding and low public awareness pose further obstacles to achieving sustainable development goals. The research proposes a set of measures to enhance environmental governance, including updating legislation, activating environmental monitoring, expanding civil society participation, and strengthening regional and international cooperation. It also highlights the importance of investing in environmental education and clean technologies. The study concludes that the success of environmental governance in Iraq requires serious political will and a comprehensive strategy that integrates the environment into all areas of development.

This research examines the legal framework governing both traditional and electronic banking operations, with a focus on determining the applicable law in the event of a legal dispute between parties involved in the banking sector.The significance of this study arises from the increasing legal challenges facing banking operations due to their rapid development and global expansion, raising the issue of conflict of laws among different jurisdictions. The main problem lies in determining the applicable law for banking transactions, especially in the absence of a unified international legal framework. We discuss the historical evolution of banking operations, from traditional transactions relying on physical branches to electronic transactions based on digital technology. Additionally, the study addresses the concept of electronic banking operations and their characteristics, such as their cross-border nature, ease of use, fast execution, and the flexibility of the legal systems governing them. The research further explores the legal rules that determine the applicable law for international banking operations. The first section discusses the role of \"contractual choice of law,\" allowing parties to freely select the applicable law, either explicitly or implicitly. The second section covers the \"objective determination of the applicable law,\" where the applicable law is assigned based on supplementary legal principles such as the law of the contract\'s place of conclusion or the domicile of the parties. The study concludes that banking operations are inherently international, necessitating the development of unified rules to regulate conflicts of laws. It recommends that parties pre-agree on the applicable law in banking contracts to ensure transactional stability and minimize disputes.

Information constitutes an important means used to detect crimes. In addition to being a legal obligation under certain conditions, it also constitutes a moral and ethical duty due to its role in protecting individuals and society from crime. The Iraqi legislature has given the confidential informant complete freedom to choose the method of reporting, not requiring them to follow a specific method. The law also grants the informant the right to request anonymity and not to be considered a witness in crimes that threaten internal or external state security, economic sabotage, and other crimes punishable by death, life imprisonment, or temporary imprisonment. In this case, the judge may record this, along with a summary of the information, in a special register prepared for this purpose. The judge will conduct the necessary investigations without revealing the informant's identity or revealing his or her identity. As a result, widespread controversy has arisen over the legality of the work of the undercover informant, particularly regarding the confidentiality of the informant's identity or his or her status as a witness. Some believe this constitutes a violation of the right to defense, protected by the constitution and the law.

This research examines the role of criminal justice in achieving legal security by addressing crimes that directly undermine the course of justice, given the serious threat these crimes pose to the stability of the legal system and public trust in the judiciary. The study focuses on three main categories of crimes that obstruct the administration of justice: Crimes affecting the course of justice, particularly the crime of publication that prejudices ongoing judicial proceedings. Such acts can negatively influence the impartiality of judges and the integrity of court procedures by disseminating information or news that may sway public opinion or put undue pressure on witnesses and parties involved. Crimes of misleading the judiciary, which include acts intended to deceive the court and distort the truth, such as concealing evidence or submitting forged documents. These offenses can lead to judgments that do not reflect reality, thus undermining justice and threatening legal security. Perjury (false testimony), which remains one of the most significant crimes obstructing the course of justice. Giving false testimony before the court misleads judges, hinders the establishment of the truth, and consequently jeopardizes rights and diminishes public confidence in judicial rulings. The research demonstrates that criminal justice constitutes an effective safeguard for protecting the integrity of judicial proceedings through deterrent legal provisions and procedural mechanisms that ensure the revelation of the truth and the punishment of anyone attempting to subvert it. The study concludes that achieving legal security requires the continuous development of legislation to keep pace with emerging forms of these crimes, particularly in light of advancements in media and the digital sphere. Additionally, raising legal awareness about the importance of protecting the judiciary from any unlawful influence is vital. In conclusion, the research affirms that legal security cannot be attained without an effective criminal justice system capable of deterring crimes that obstruct the course of justice, thereby ensuring judicial independence, fairness, and maintaining public trust in the judiciary.

This study explores the impact of social media on diplomacy and international relations. Social platforms have emerged as powerful tools used by states, institutions, and organizations to enhance their global image, engage with public opinion, and influence international policy. The findings reveal that social media has reshaped diplomatic practices by fostering digital diplomacy based on real-time interaction, transparency, and public engagement. However, the study also highlights the challenges posed by fake news, cyber threats, and media manipulation. The research recommends that countries invest in digital diplomatic training and adopt clear strategies for responsible and effective use of social media to strengthen their global standing.

In an administrative contract concluded between the administration, the contracting party, and the person contracting with it to carry out work related to a public utility, the penalty is to establish a project that ensures the public interest of society by satisfying its specific needs. If the contractor with the administration commits a negligence during the implementation of the work, the administration, the contracting party, within the powers and privileges it enjoys as a public authority, imposes the appropriate penalty on the contractor who violates his work to ensure that the work is completed in the best possible manner and within the specified time period. The severity of the penalties varies according to the type of work violation. In cases of minor violations, they take the form of financial penalties such as late fines, insurance confiscation, etc. In cases of non-minor violations, the administration resorts to imposing severe penalties such as withdrawing the work and implementing it at the expense of the contractor who violated his work and administrative termination of the contract. In our research, we will address the legislative basis on which the administration relies to enable it to impose penalties in the administrative contract concluded to implement or restore a public facility, which is based primarily on the concepts of public authority and public facility, from which came a set of privileges and powers granted to the administration to help it perform its role in ensuring the operation and continuity of the public facility and thus ensuring the interests of individuals in the community, which it is responsible for managing.

Public utilities are among the most important topics addressed by administrative law. The concept of a public utility is linked to the facilities and human resources that constitute the center of administrative activity that provides services to the beneficiaries. The administrative activity aims to achieve the public interest and to build a specialized authority to manage these public utilities. The administrative functions of the state are focused on this activity, which is adopted by the administration in its various formations. Due to the multiplicity of administrative authorities, the forms of activity provided by the public utility have multiplied accordingly. We find that the general administrative bodies directly supervise the work of public utilities with the aim of achieving the public interest by providing services to its beneficiaries, whether individuals or groups. This is the clearest image of the impact of administrative authority on the activity of public utilities, which is considered the traditional image of managing the public utility and monitoring its activities. At other times, we find that the administration adopts another approach in dealing with the activity of public utilities, which is indirect management, which relies in its work on public administrations, as these administrations are granted a space of independence in the decisions they take to manage the public utility and monitor its activities. Administrative authorities may also exercise the mixed image of managing the utility. The year, and the research will study the types of administrative authorities and their impact on the diversity of public utility activities according to the multiplicity of those authorities.

Amid the rapid advancement of artificial intelligence applications, this study offers an in-depth legal analysis of the regulatory frameworks necessary to govern administrative decisions issued by intelligent systems, with a particular focus on the significant legislative gap within the Iraqi legal system. The importance of this research stems from the urgent need to keep pace with digital transformation in public administration, which brings forth fundamental challenges related to the legality of automated decisions, the ambiguity of legal accountability for their errors, and the protection of individuals’ fundamental rights in confronting such decisions. The study aims to examine the shortcomings of current Iraqi legislation, identify practical issues arising from the use of AI in administrative decision-making, and propose a comprehensive legal framework. To achieve these objectives, the research adopts an analytical approach to relevant Iraqi legal texts, alongside a comparative methodology drawing on leading international experiences, particularly the European Union’s Artificial Intelligence Act and the General Data Protection Regulation (GDPR). The findings indicate that the Iraqi legislative system, including the Electronic Signature Law, remains ill-equipped to address the distinctive nature of algorithmic decision-making. This legal uncertainty undermines principles of transparency, accountability, and judicial oversight. Consequently, the study recommends that the Iraqi legislature enact a dedicated law to regulate the use of artificial intelligence in administrative functions. It further advocates for the adoption of a \"digital procedural record\" as a mechanism to ensure effective oversight and safeguard the rights of individuals to information, explanation, and human review—thus fostering trust in digital governance.

This study investigates the complex legal and ethical challenges posed by the use of Unmanned Aerial Vehicles (UAVs) in contemporary armed conflicts, with a specific focus on the application of International Humanitarian Law (IHL). The research first outlines the definitional and historical framework of UAVs and their various classifications. It then analyzes the compatibility of their deployment with the core principles of IHL: distinction, proportionality, military necessity, and humanity. To provide a practical analysis, the paper examines the case studies of the Gaza Strip and Lebanon, documenting how these aircraft have been used for targeted killings, violations of sovereignty, and attacks resulting in disproportionate civilian casualties and infrastructural damage. These actions are presented as systematic breaches of established IHL principles. The study concludes that a significant regulatory vacuum and a near-complete lack of international accountability have facilitated these violations with impunity. Therefore, the paper underscores the urgent need to develop a specialized international legal framework to govern the use of UAVs, one that establishes clear mechanisms for transparency and accountability to protect civilians and uphold the core tenets of IHL in the face of advancing military technology.

The cheque stands as one of the most significant financial instruments in modern legal systems, where temporal dimensions intersect with the imperatives of credit trust, embodying the convergence of law with economic and social regulation. Hence, the study of the temporal framework of the cheque emerges not as a mere procedural detail, but as a cornerstone for ensuring transactional stability and achieving credit justice. The temporal structure of the cheque is not a superficial formality; rather, it constitutes the primary guarantee of its credibility as a payment instrument, and the strongest barrier against its deviation into a credit instrument that could undermine trust and weaken financial stability in markets. This research, in its first chapter, undertakes an in-depth analysis of the temporal nature of the cheque, by distinguishing between its function as an instrument of payment and as a credit instrument within legal thought, while examining the legitimacy of post-dated cheques under Iraqi and Egyptian legislation. While classical commercial law emphasizes that the cheque is a sight instrument payable immediately upon presentation, the inclusion of a maturity date has provoked both doctrinal and judicial debates on its compatibility with the essence of this commercial paper. In its second section, the research explores credit trust in the temporal context of the cheque, highlighting the critical role of maturity in safeguarding the legal position of the payee, and the manner in which commercial and banking laws intervene to regulate temporal relations in a way that balances the protection of parties with the stability of transactions. Here, time ceases to be a mere external framework and becomes a legislative tool ensuring payment and preventing manipulations that could strip the cheque of its fundamental function.The second chapter shifts the focus to the temporal framework of legal procedures and its practical effects, analyzing the statutory deadlines associated with cheques, including presentation for payment, protest, and objection, under both Iraqi and Egyptian laws, as well as the impact of missing such deadlines on the rights of the holder and the drawee. Moreover, it addresses the challenge of reconciling procedural stability with temporal justice, particularly in cases of force majeure, where the logic of deterring temporal manipulation collides with the need to protect bona fide parties. Accordingly, this research seeks to provide a profound analytical legal vision that transcends the traditional narration of legal provisions, reconstructing the relationship between time, the cheque, and credit trust, and demonstrating how the temporal framework can serve as a safeguard of trust in commercial transactions and a guarantor of economic stability. It thereby aligns with the requirements of both Iraqi and Egyptian legislation while responding to the challenges of practical application.

Invalidity in procedural work is a penalty resulting from the violation of the legal procedures imposed by law to complete the legal formality of the civil lawsuit and this violation may be in the formal or substantive procedures specified by the law and the purpose of these procedures is to maintain public order and public interest and thus preserve the interest of the litigants. And we try in this research to stand on the meaning of invalidity, which can affect the procedures imposed by the law and types of invalidity if it can be absolute invalidity can affect all procedures, which leads to the fall of the lawsuit permanently as if it was not which means violating the legal rule and which relates to public order and it is possible for any of the parties to raise it at a stage of the lawsuit and even the judge can raise it on his own at any stage of the stages of the lawsuit, Or that the invalidity is relative to part of the parts of the civil lawsuit, such as if the violation falls on the legal rule that was legislated for the benefit of one of the individuals, for example, that the notification was not correct and it is noted that this type of invalidity can only be raised by the stakeholder and falls if it is not adhered to in

In recent decades, rapid technological advancements have transformed human interaction with machines. Beginning with the invention of the computer and the rise of the internet and remote communication technologies, this evolution has culminated in artificial intelligence (AI), which represents a qualitative shift in the human-machine relationship. Machines are no longer mere tools that follow commands but have acquired semi-autonomous capabilities for learning, decision-making, and environmental interaction. This shift has led individuals and institutions to increasingly rely on AI amid a global race for innovation and development. Simultaneously, the concept of sovereignty has undergone notable historical transformations—from absolute monarchic rule to a legal framework that reflects the state's ability to manage its internal and external affairs independently. Greek political philosophy laid the foundation for this concept, which evolved further through modern international law and institutions like the United Nations that enshrined principles of sovereignty and non-intervention in domestic affairs. Within this context, artificial intelligence has introduced new challenges to sovereignty, particularly in the areas of cybersecurity and digital sovereignty. Although AI systems operate within parameters defined by programmers, their emerging ability to make independent decisions within certain limits has raised critical questions about the extent of state control over such technologies. AI is defined as a scientific and technological field that integrates various disciplines—including computer science, mathematics, and engineering—with the goal of developing systems capable of simulating human intelligence in learning, analysis, and decision-making. Today, AI systems are widely used in sectors such as transportation, precision industries, and healthcare, exemplified by robotics and autonomous vehicles. The rise of AI has also sparked philosophical and legal debates concerning robot ethics and the possibility of granting robots legal status in the future. While these systems currently remain under human programming, their accelerating development necessitates the formulation of ethical and legal frameworks to govern them. From a legal standpoint, the legislation in many countries—such as Iraq, Lebanon, and Egypt—lacks specific regulation for intelligent vehicles. Existing traffic laws define vehicles in traditional terms, with no reference to autonomous cars. In the judicial realm, AI has demonstrated its potential to support justice systems through technologies that analyze documents, assist in issuing judgments, and enhance legal research efficiency. The United States leads in this domain with innovations like "robot lawyers" and applications that help judges swiftly and accurately review evidence and documentation. In international law, the evolution of AI has impacted traditional legal principles, particularly sovereignty, which now intersects with issues like digital security and humanitarian intervention. These changes occur within a new global order marked by imbalance and the dominance of major powers in international decision-making. In conclusion, it remains essential to uphold the principle of legal equality among states, respect for their sovereignty and independence, and the unity of their territory and internal decision-making processes. At the same time, there is an urgent need to develop legal frameworks that accommodate AI’s impact and safeguard state sovereignty against potential encroachments under the guise of modern technology.

Undoubtedly, human thoughts is indispensable for the development of artificial intelligence (AI), which aims to simulate human intellect. AI’s capabilities are currently constrained by the functions assigned to it, whether to fulfill the specific needs for which AI technologies are employed or due to the present limitations of scientific and technological advancement. These technologies remain globally amenable to further development, and the natural person (human being) still comprehends the cognitive level of AI- dependent technologies. Consequently, the current and future evolution of AI necessitates a parallel development in the concept of civil liability and the formulation of legal solutions to identify the party responsible for damage resulting from the use of these technologies, especially in light of the multiplicity of actors involved.

This research aims to address a technological aspect, namely artificial intelligence, which represents a troubling and astonishing shift in the world of elections and their means. We may be among the countries lagging behind in this field, but despite our modest capabilities, there has been a significant and clear impact through the use of this field called artificial intelligence, which has been harnessed to manipulate numbers, votes, and propaganda. This is what is evident in the folds of our research.

the international community's interest in the issues of ozone layer thinning and climate change and their danger to the entire world due to the threat they pose to the ecosystem and thus their danger to international human security, It prompted him to strengthen the mechanisms for adhering to the international legal protection rules related to the protection of the ozone layer and climate, such as the Vienna Convention for the Protection of the Ozone Layer of 1985, the Montreal Protocol on Substances that Deplete the Ozone Layer of 1987, the United Nations Framework Convention on Climate Change of 1992, the Kyoto Protocol of 1997, and the Paris Agreement of 2015, through commitment to the international compliance system for these agreements, as well as applying the principle of international responsibility resulting from the violation of these protection rules. All of this is done within the framework of sustainable development that integrates environmental, economic, and social dimensions. Therefore, reducing greenhouse gas emissions is not viewed as an environmental measure only, but rather as a necessity for achieving climate justice and ensuring a safe future for future generations, transferring technology, and building capacities through international cooperation and integrating environmental policies to achieve harmony between environmental protection and sustainable development, ensuring the rational use of natural resources. As for Iraq's position on these protection rules, This position was crowned by its official accession on the one hand, and the discussion of the issue of the national strategy for improving the environment in Iraq for the period from 2024 to 2030 on the other hand .

Recently, there has been growing discussion about the role of the European community in promoting democracy by reconsidering the prevailing political systems in countries around the world, particularly developing countries, on the grounds that these countries do not implement or respect the components of a democratic system. This is either through rigging elections or making them a formality, or by failing to respect the principle of the peaceful transfer of power in accordance with legal requirements, or by violating human rights and fundamental freedoms, particularly those of a political nature. The European Union charters believe that countries' adoption of democracy will undoubtedly help support political stability at the national and international levels, and thus, on the one hand, will prevent many countries from considering entering into wars, while on the other hand, it will reduce the incitement of political strife and internal divisions. This can only be achieved by respecting international charters, which affirm that people cannot exercise their fundamental rights and freedoms except through the establishment of a democratic system.

Protecting bona fide third parties in real estate transactions is a significant topic, given its impact on the stability of real estate registration records. Most legislation addresses the real estate registration system and the legal status of real estate, with the goal of granting legal validity to real estate records registered in the name of bona fide third parties. Consequently, these records may not be challenged. However, disagreement has arisen regarding the effect of good or bad faith on the validity of real estate records after their registration. Therefore, the legal validity of real estate records in the name of bona fide third parties may take several forms, including absolute validity, whereby they may not be challenged after their registration with the registration department. It may also take the form of initially restricted validity, whereby they are established in the name of a third party after the necessary procedures and conditions for the right holder are not met. There are exceptions whereby the legislature permits challenges to real estate records, regardless of whether the third party is acting in good or bad faith. This validity, regardless of its various forms and manifestations, must be examined, and the extent of legal and judicial protection for real estate records in the name of bona fide third parties must be determined, given that the real estate registration system is one of the essential guarantees for the stability of real estate ownership and the creation of reassurance for property rights holders

In contemporary times, the administration relies on the legal instrument of the administrative decision, which serves as a fundamental tool in the daily functioning of public administration with the aim of achieving the public interest. Beyond this role, the administrative decision also represents an expression of public authority. By its very nature, it is subject to annulment through judicial challenge, distinguishing it from other legal acts resorted to by the administration. Administrative courts play a crucial role in ensuring the legality of such decisions, both in terms of their form and the procedures followed in their issuance. This judicial scrutiny involves verifying the administration’s compliance with applicable laws and regulations, as well as safeguarding the rights granted to individuals under these legal frameworks. Moreover, administrative courts perform a vital corrective function by annulling unlawful decisions or granting compensation for damages caused by administrative actions. In doing so, they contribute significantly to reinforcing the principles of transparency and accountability by monitoring the legality of administrative procedures and ensuring that public authorities do not encroach upon individual or collective rights. Thus, administrative judiciary constitutes an essential mechanism of oversight over the administration. It strengthens a culture of respect for rights, consolidates the rule of law, and thereby promotes social and political stability within societies.

The science of inheritance for the legal sciences that recommended the brown Muhammad (peace be upon him) to learn and teach them because of the preservation of a great purpose of the purposes of Islamic law, which is to save money and this money save the soul and ask about people and other benefits has identified the street wise texts categorical for the origin of the heirs of parents and relatives and came Sunnah complement it Perhaps the most prominent of what came by the Sunnah of the Prophet inheritance of the League of the self and the League with others has been singled out for each Including a hadith said by the Prophet Muhammad (peace be upon him) has been common understanding of the right in how to inherit them in the event of their individuality, and differed Muslim jurists in the submission of each other in the event of their meeting this research shed light on these two issues and correct the common understanding is incorrect in their inheritance and choose the most correct opinion in the submission of one over the other in the event of their meeting with a statement of the position of the Iraqi legislator of all of the above.

The guarantees granted to public employees against disciplinary sanctions represent a fundamental safeguard for achieving a balance between the administration’s interest in maintaining discipline within public services and the protection of employees’ rights against the potential abuse of disciplinary authority. Granting the administration broad discretionary powers in the disciplinary field may lead to misuse of authority, which highlights the importance of these guarantees as a mechanism to ensure administrative justice and uphold the rule of law. This study examines the guarantees provided to public employees through two main stages. The first concerns the guarantees preceding the imposition of disciplinary sanctions, such as disciplinary investigations, the employee’s right to defense, the requirement of reasoned decisions, and the principle of proportionality between the offense and the sanction. The second concerns the guarantees available after the sanction is imposed, whether through administrative remedies or judicial review, which constitutes the ultimate safeguard against unlawful disciplinary decisions. The study concludes that disciplinary guarantees for public employees are not merely procedural formalities but essential safeguards that ensure the fairness of administrative decisions and strike a balance between the public interest and individual rights. It also recommends strengthening the independence of disciplinary investigation bodies, expanding the scope of judicial review, and obligating the administration to provide detailed reasoning for its disciplinary decisions, thereby reinforcing the principle of legality and protecting the rights of public employees.

This study provides a comparative analysis of foreign direct investment (FDI) inflows into Australia and its outward investments during 2020–2024 amid global economic challenges such as the COVID-19 pandemic, tighter monetary policies, and geopolitical tensions. Findings reveal that Australia has remained an attractive destination for FDI, with inflows concentrated in mining, energy, and financial services, while outward investments increasingly targeted advanced economies, particularly the United States, the United Kingdom, and the European Union. Portfolio flows were more volatile than FDI due to interest rate fluctuations and asset revaluations, whereas FDI remained more stable and tied to long-term projects. Geopolitically, regulatory restrictions and strained relations with China limited Asian inflows, while stronger ties with traditional partners narrowed the gap between foreign assets in Australia and Australia’s outward assets. On the income side, payments to foreign investors grew in line with rising stocks, while Australia’s income from its overseas investments increased, driven by improved returns in advanced markets. The study concludes that enhancing sectoral and geographic diversification, simplifying investment approval filters, and channeling flows into energy transition and productive technologies are key pathways to maximize the impact on productivity, national income, and financial stability.

This study examines fact-finding committees and international accountability mechanisms for criminals in Iraq through legal and practical analysis. Since 2003, Iraq has established various truth-seeking and accountability mechanisms to address violations and crimes committed during different periods of its contemporary history, yet these mechanisms face significant challenges that limit their effectiveness. The research analyzes two main areas: parliamentary fact-finding committees in Iraq and possibilities for international accountability. The study reveals that while parliamentary committees possess extensive legal powers under the 2005 Constitution and Parliament’s Internal Rules, their effectiveness remains limited due to political interference, lack of binding implementation mechanisms, and insufficient technical expertise. Regarding international accountability, Iraq faces challenges due to non-ratification of the Rome Statute, absence of comprehensive international crimes legislation, and political obstacles to international cooperation. The methodology combines doctrinal legal analysis with empirical evaluation, examining cases such as the Mosul fall investigation, Iraqi High Criminal Court trials, and international prosecutions under universal jurisdiction. Key findings indicate a significant gap between intended objectives and practical implementation of both domestic and international accountability mechanisms. The study concludes with recommendations including amending Parliament’s Internal Rules to include binding follow-up mechanisms, developing competence-based committee membership standards, considering accession to the Rome Statute, and enacting comprehensive international crimes legislation.

Oil rents marked a turning point in the economies of oil-producing countries, transforming them from primitive economies to economies with financial abundance. This wealth contributed significantly to improving the living conditions of the people of these countries. At the same time, this financial abundance strengthened the power of the ruling political elites by providing financial gains to various segments of society, thus ensuring loyalty to the government among a broad segment of beneficiaries who fear the regime. On their economic interests in the event that the political system is exposed to any internal or external challenge, therefore the idea of democratic transformation in renter countries faced challenges represented by the weakness of popular resentment against the political systems in these countries, the source of which is usually the poor living conditions of the population and the accumulation of tax burdens. Because of the success of these regimes in employing these huge financial resources by the ruling elites to confront any attempt at a genuine transition to democracy, using methods of intimidation at times and enticement at other times, against any real political opposition.

This research addresses criminal reconciliation as one of the alternative means to punishment within the framework of expedited justice, of which this system is considered one of the most prominent tools. It examines the extent of its contribution to strengthening the role of crime victims by enabling them to effectively participate in criminal procedures and ensuring their right to compensation. The research explores the impact of reconciliation on the status and rights of the victim before, during, and after the trial, taking into account the positions of the Iraqi and Egyptian legislators. This study also examines the legal safeguards surrounding the system of criminal reconciliation to ensure that it does not become a means for the offender to evade punishment without redressing the harm caused to the victim, with a focus on restorative justice without harming the rights of the victim

This study focuses on the problem of conceptual confusion between digital crimes and traditional and economic crimes on the one hand, and between cybersecurity, information security and digital privacy on the other hand, a confusion that results in a lack of understanding of the legal nature of these phenomena and a lack of clarity in the mechanisms to confront them. The importance of this study is manifested in its scientific aspect by contributing to the control of terminology and identifying the essential differences between them in order to enhance the theoretical construction in criminal jurisprudence, and in its practical aspect by guiding the legislator and decision makers towards the development of legislation more accurate and appropriate to the nature of the digital environment.
The study adopted the descriptive analytical approach by extrapolating legal texts and doctrinal opinions and analyzing them in the light of contemporary technical developments. The results concluded that digital crimes represent an independent criminal phenomenon with a special technical environment, while cybersecurity remains a broad preventive framework that differs in content from information security and digital privacy, which requires the formulation of precise legislative treatments to accommodate these differences and achieve integrated protection of digital security.