AL-Qadisiya Journal

This study aims to examine the criminal liability arising from the use of artificial intelligence (AI) technologies in newly emerging terrorist crimes. This is a novel issue in criminal law, particularly in determining liability for committing such crimes. These intelligent entities operate through complex systems utilizing algorithms that take control instead of humans, shifting the legal element of control—essential in establishing criminal liability—from humans to AI.
The human element may still play a role in the commission of crimes, whether as the operator of the intelligent entity, a hacker infiltrating the AI system, or the manufacturer or producer of such technology. The core issue lies in establishing the element of control over AI entities. Criminal liability for crimes committed using AI technologies may be attributed to the manufacturer, owner, or programmer. However, an intelligent entity itself cannot perceive moral responsibility.
The study adopts a descriptive and analytical methodology, supplemented by comparative and forward-looking approaches. The findings recommend that Iraqi and Arab legislators reevaluate existing criminal laws and legislations and introduce legal provisions that allow for criminal prosecution in regulating the production and development of AI technologies, particularly those used in terrorist crimes, which represent the most severe threats.

Cybercrime develops at a unique speed, creating significant threats for individuals, businesses, and public institutions worldwide. This study examines the transformation role of artificial intelligence (AI) in detecting and preventing cybercrimes by taking advantage of Machine Learning (ML), Deep Learning (DL), and Natural Language Processing (NLP) techniques. AI-operated cyber security solutions automate the detection, automate reactions, and facilitate real-time monitoring, improving the effectiveness of examining cybercrime. However, integration of AI into cybersecurity also raises significant ethical and legal concerns, including the privacy of data, algorithm bias and potential abuse of surveillance technologies. This research adopts a descriptive-analytic approach, and reviews learned articles, technical reports, and case studies, which assess the effectiveness of the AI-operated cyber security system. Conclusions suggest that although AI provides significant benefits in identifying and reducing cyber threats, its moral placement requires a rigid regulatory structure to ensure transparency, responsibility, and justice. Based on the findings of previous studies, this research wants to provide a The model that shows the ethical use of AI in cyber security, focusing on developing effective strategies to meet challenges related to privacy and prejudice .The study calls for AI's adoption in cyber security, balancing innovation with moral ideas to effectively protect digital ideas.

The study highlights the formation of the Supreme Committee for Tax Reform as one of the most important committees established in implementation of the Ministerial Program of Al- Sudany Government for the year 2022. It details its constitutional basis and addresses the regular and subsidiary legislative basis upon which its formation was based. It then examines the composition of the committee, finding that it prioritizes accounting over other important specialties, particularly financial and tax law. Priority is given to the professional element over the academic element, and the adoption of a mixed method in selecting members, sometimes by name and sometimes by position. This contrasts with comparative committees. It proposes following the approach of comparative committees, which prioritize legal specialties, grant priority to the academic element, and select members by name.

The different legal systems are now moving away from the procedural templates by which the state judiciary swears, and are moving towards the legislative expansion of alternative mechanisms for settling disputes،Judicial mediation is one of these mechanisms. It is an alternative to the official state judiciary, and its goal is to maintain and preserve relations between the opponents، In order to achieve this, it is necessary to seek the assistance of a third person whose characteristics include neutrality and independence, who is called a judicial mediator, with the aim of facilitating exchange and communication between the opponents and encouraging them to adopt common solutions chosen by them with complete freedom.
Based on the above, we find that the judicial mediator is neither a judge nor an arbitrator, but rather he is only a motivator and aims in his mission to facilitate negotiations between the parties with the aim of helping them find a solution to their dispute that they agree upon.

United Nations Secretary-General António Guterres stated that two seismic shifts will take shape in the 21st century: the climate crisis and the digital transformation. The world is witnessing rapid developments in digital technology, which has become an integral part of our lives and daily transactions. This calls for the development and formulation of legal rules that regulate the pace of this technology. Hence, the need to establish an international digital law that includes a set of legal rules that regulate the use of this technology and protect the rights associated with it at the global level. This law will cover a wide range of new legal concepts such as digital sovereignty, digital rights, cybersecurity, e-commerce, and others.

The original obligation in a contract is the purpose of the contract. Furthermore, the contract's purpose cannot be fulfilled without fulfilling the original obligation. The debtor is liable if he fails to fulfill the contractual obligation. Contractual liability is established by the fulfillment of its conditions: the existence of a valid, enforceable contract, and the debtor fails to fulfill the obligation. Sometimes, the debtor may fulfill his obligation, but the implementation may be flawed. The debtor may delay fulfilling his obligation. In this case, the creditor has the right to demand compensation as a penalty, in addition to rescission, provided the conditions are met. The desire of the legislator or the contracting parties to limit the divergence of interests has led the legislator or the contracting parties to agree on more than one penalty in the contract for failure to fulfill the original obligation of the contract.

The professional secret of a law firm is considered a matter of compliance with the terms and ethics that are the responsibility of the company، and this information is still information of a confidential nature and must be kept confidential، not wanting to obtain information related to the private life of the individual. But sometimes an individual resorts to disclosing his secrets in order to obtain help or a service، as is the case when he resorts to some professionals “a law firm، doctors، etc...” Here، if he wishes to keep the secret، it is considered a betrayal of the trust that the individual gives to these professions.
Also، the lawyer’s obligation with the client to not disclose varies according to whether or not there is a relationship between the lawyer and the client. If there is a contract and the lawyer does not keep the professional secret، then the lawyer’s responsibility is a contractual one. However، if there is no contract، then the lawyer’s responsibility is a non-contractual or tortious liability.

In haqu altarshihat min huquq aldiymuqratiat alati nasat ealayha aldasatir bima fi dhalik dustur jumhuriat aleiraq lieam 2005, wama yajib ealayh tahqiq alhuriyat fi alaintikhab walmusharakat fi alhayaat alsiyasiati, wan altarshihat haqun tabieiun la yamnah wala yuetaa wala yaktasib bialmal. Wan dawr 'ayi sultat min alsultat hu alkashf ean hadha alhaqi walays 'iinsha'ah lidha yueadu 'iidarat sawa' kan ealaa almustawaa aldaakhilii am alduwali, wayatamayaz alhaqu fi altarshihat bihajatih ala himayat man ay lifiel qad yataearad lah li'anaha haqu al'iinsan fi mumarasatih haqah fi altarshihat hasab li'ahkam alqanun.
Fan lidha alqada' dusturiun bima bima yamlikuh min aistiqlaliat walimadih baeidan ean tathirat alharakat alsiyasiat waltakatulat alhizbiati, dawr kabir fi himayat huquq aldiymuqratiat waminha alhaqu fi altarshihat kawnu, min khilal madaa qawanin lilnusus.

Global warming caused by rising greenhouse gas emissions—primarily carbon dioxide—poses an existential threat to humanity, necessitating urgent and coordinated international action. Emissions trading systems, which sell carbon dioxide production rights, have emerged as a cornerstone of climate policy, enabling countries and regions to reduce greenhouse gas emissions cost-effectively. Connecting emissions markets enhances efficiency, equity, and ambition in combating global warming. The concept of linking emissions markets is relatively newer than the emergence of emissions markets (schemes) in international environmental law. The latter dates back to the 1997 Kyoto Protocol, which established an ecosystem based on market mechanisms, such as the Clean Development Mechanism and international emissions trading, laying the foundation for emissions markets, linking emissions markets is consistent with Article 6.2, allowing parties to trade carbon credits while ensuring environmental safety and transparency.
Linking carbon markets means establishing international agreement mechanisms that enable the trading of carbon credits between linked markets, whether national or subnational, or international or regional, rather than restricting them to one market or another.

In This Study, We Will Examine The Rules Of Civil Liability According To The Other Function Of Civil Liability, Which Is The Preventive Function, As Establishing A Function Other Than The Traditional Function Of Civil Liability, Represented In Compensating For Damages, Will Inevitably Lead To A Change In The Fixed Rules Of Error, Damage, And The Causal Relationship Between Them To Suit The Proactive Function Of Avoiding Damage.

This research deals with one of the forms of compensation adopted in some countries belonging to the Anglo-Saxon legal system, especially in the United States, the UK and Canada. It is called punitive damage(Punitive Damage), where the term of compensation exceeds the normal function of repairing the damage to an additional extent that includes the element of deterrence to confront damages of a social nature in general, including, for example, serious violations against the environment. Although the idea of punitive compensation is a specialty of the Anglo-Saxon systems, the growing interest in recent years of international institutions and national authorities to protect the environment and respond to harmful practices has fundamentally contributed to the transfer of the idea of punitive compensation in the sense presented above to other legal systems. The importance of this research is manifested in the fact that it is considered a departure from the constants of the traditional function of compensation, which consequently raises the desire of specialists to discuss it and stand in positions of theoretical development. The practical application space has also witnessed important developments in this field at the level of both legislation and the judiciary, which calls for following up on the position of those bodies on the idea of punitive compensation, specifically in light of the issuance of some judicial rulings that have provoked a recent trend as a result of adopting the mentioned idea. On this basis, the subject of the presented research focuses on what is considered a functional addition to the idea of compensation, which is transferred from the task of (repairing damage) based on the criteria for covering its elements represented by lost profit and subsequent loss to another additional task, which is to deter the actual violator and the potential violator of the meaning of punishing the wrongdoer, especially in the field of errors that result in environmental and social damage.
The problem of research is the adequacy of the general rules for responsibility for the harmful act and their compatibility with punitive compensation. The jurisprudence has established that the element of deterrence is not one of the tasks of civil liability, whose function is mainly limited to the scope of compensation for damage and its reparation as a traditional function of compensation. However, recent developments, especially in the field of commercial and industrial activity, have generated many violations that have caused serious damages that do not stop at certain limits or clear landmarks, so that they can be covered under the traditional elements of damage. Therefore, we will work through this research to discuss the possibility of integrating the penal function with the provisions of civil liability, provided that it is added to its compensatory function (penalty + compensation) and not isolated from it, in line with the important jurisprudential and research discussions raised by the Gulf of Mexico disaster in this field, especially in the scope of addressing damages with an extended social impact.

The importance of the function of administrative control has increased in the modern era, whether for developing countries or developed countries, as many countries suffer from the spread of terrorism, which is the greatest alarm bell in the third millennium, with the fear and panic it spreads in the souls of people and the loss of security, safety and peace at the national level. And at the national level As a result of the use of various types of threats and the use of force in order to achieve political or economic goals, the basic function of control is to prevent the occurrence of crime and remove the factors that prompt its commission. Administrative control agencies in the countries of the world are the agencies charged with maintaining public securityIn order to achieve this goal, all measures and methods are taken to overcome any attack or defect before it occurs or limit its effects. The control administration exercises its authority in combating terrorism by implementing the laws related to preventing and combating terrorism, by issuing a set of decisions, preventive measures and procedures that preventing the occurrence of the aforementioned criminal forms, or limiting them to the maximum possible extent, and this places a heavy burden on the executive authority. However, despite the seriousness of the job that it performs, it is not free without restrictions, but rather is subject to a series of controls and restrictions that these authorities must adhere to. Concerning the rights and freedoms of individuals

The Public Prosecution is the body that represents the public right, as the idea of the Public Prosecution has been linked since its inception to the criminal courts, and the success of this idea in supporting legitimacy and providing the necessary protection for the public order has encouraged it to be given an effective role before the administrative courts. The presence of the Public Prosecution is no longer limited to the criminal courts, but has extended to include the administrative judiciary courts as well. The Iraqi legislator has adopted this under the Public Prosecution Law No. 49 of 2017 in force, which is a new legislative trend that was not previously stipulated in the repealed Public Prosecution Law No. 159 of 1979.

Throughout the times and to the present era civilians have been exposed to repeated International armed conflicts and the grave consequences they have left to humanity, particularly in the face of the occupying Powers that possess all kinds of oppression and control ,while civilians aer spared from all weapons and since armed conflict is an objective which , in turn , imposes on the world the need to deal with it and its legal dimension , with the aim of establishing certain restriction on the perpetuation of armed conflict and ensuring the protection of civilians.

In light of the social, economic and technical developments in our contemporary world, modern sciences have emerged, including artificial intelligence, which is truly the scientific dream of all humanity, aiming to serve humanity, society and future generations. Artificial intelligence sciences have entered all fields and at all levels, whether in medical and engineering sciences and even space, and other sciences including law and judiciary. In this research, we focus on its role in judicial courts, including the subject of judicial expertise in particular, as one of the judicial assistants in resolving the case and giving each person his right. Artificial intelligence is related to judicial expertise represented in the use of smart technologies, data analysis and providing legal means of proof. Does it have an impact on the extent to which courts take it into account to resolve the case and issue a judicial ruling? Will it succeed in that or in the near future? This is what we will show in this section.

The importance of the 2005 Constitution of the Republic of Iraq in criminal procedures lies in its inclusion of a number of fundamental rules, which, given their legal supremacy over other rules, must be adhered to through sectoral criminal procedural legislation. These rules primarily include the provisions contained in the Constitution relating to human and citizen rights and freedoms in criminal proceedings: equality of all before the law and the court, the sanctity of the person, privacy, confidentiality of correspondence and communications, protection of honor and reputation, the sanctity of the home, the right to access justice and judicial protection, the presumption of innocence, and the right to legal assistance through a lawyer. The Constitution also establishes the foundations for litigation and the organization of courts, enabling constitutional rules to be directly applied in criminal proceedings. Accordingly, the Constitution ensures that criminal proceedings comply with human rights and democratic principles.

There is no doubt that the constitutional judiciary is the last resort and guarantor of the protection of rights and freedoms against potential authoritarian deviations in countries with a democratic heritage or those just beginning to adopt it. It is credited with saving countries from political crises that have sometimes been ravaged by the arbitrariness of those in power, or the disruption of the organizational landscape for participation in political life In Iraq, the 2005 Constitution regulated the right to participate in political life, whether it was direct participation through a referendum on the approval of the Constitution, or procedures for amending it, or indirect participation related to the right to elect, nominate, and vote. However, the changes and developments that occurred in Iraq fifteen years after the issuance of the Iraqi Constitution of 2005 called for the necessity of resorting to the Federal Supreme Court. The court had the final say in defining the limits of the right to participate in political life for minorities, dual nationals, women, and others.

There is no doubt that the legislative authority, as a general rule, is an inherent authority vested in the legislative authority by the Constitution, which consists in enacting laws necessary to regulate society. The legislative authority also, as a rule, enjoys discretionary power to select the subjects requiring legislation and in the manner it deems appropriate for society. However, this discretionary power does not imply absolute authority for the legislator. Rather, the legislator may exercise this authority to the extent permitted by the Constitution and in a manner that does not violate its provisions.
The legislative authority is the authority responsible for enacting laws within the state. To achieve this, it works to weigh competing alternatives to select the best. It possesses the discretionary power to enact legislation at the time it deems appropriate and in the manner it deems best for the public interest. This authority may sometimes fail to exercise its jurisdiction, neglecting to issue certain legislation or issuing it in a deficient form, which impacts the exercise of the rights and freedoms stipulated in the constitution. Thus, it becomes clear that a state of legislative abstention can occur when a legislator refrains from issuing legislation at the time it is necessary for some reason, or when a legislator issues legislation but its aspects are incomplete, impacting the fundamental rights and freedoms of individuals.

With the spread of the Internet and the expansion of the number of its users worldwide and the development of e-commerce contracts, which increased commercial dealings in the electronic digital environment, it became a means of attracting the consumer by opening the way for him to the world of e-commerce, as the consumer can deal with global and local markets with the click of a button on the computer to request the goods and services offered without there being a need for a real contract council to convene between them, but as long as the consumer is controlled by a state of weakness and imbalance between him and the professional who provides the goods and services as the stronger party economically and the one who imposes his conditions on the consumer. The need to protect the electronic consumer who concludes various electronic contracts, whether for purchase or rental, has become an absolute priority as a result of the many problems he is exposed to, whether in the field of the contract, electronic signature, media deception, the option of withdrawing from the contract, or the arbitrary conditions he is exposed to, and the market mechanisms control it, which are subject to manipulating his interests and attempting to deceive and deceive him. The producer may resort to ignoring the safety and security of the consumer by deluding him with unreal advantages, as a result of the consumer’s lack of technical information knowledge. Therefore, it is necessary to protect the consumer and search for the necessary means because the risk to which the consumer is exposed in the electronic digital commerce environment is broader than the risk in the traditional commerce environment. Protecting the consumer from risks in the electronic environmental field is one of the tasks of developed countries, through enacting laws, or amending them, and thus protection is achieved by the legislator for the parties to the economic relationship, especially with regard to the consumer. This has received great attention, whether at the international level, as the United Nations Commission on International Trade Law (CNUDCI) adopted in 1996 a model law for electronic commerce, in addition to the European directives, the latest of which is Consumer Rights Directive No.83) of 2011, which organized the subject of consumer protection in the field of remote contracting. As for the national level, Iraq witnessed an opening to foreign markets after 2003, as a result of the economic openness policy that was preceded by what the war destroyed of industrial, agricultural and service facilities. We find that the Iraqi Trade Law No. of (30)1984) did not include sufficient rules to protect the consumer, and due to the latter’s need for electronic services, the Iraqi Consumer Protection Law No. (1) Of 2010 was issued.

This research addressed a vital topic in the field of legal practice, namely digital legal marketing for legal practice between legitimate competition and ethical obligations. The research aimed to shed light on the meaning of digital legal marketing, which exploited the results of information technology programs that cast their shadows on all aspects of life, including legal practice. It also reviewed an important aspect of these illegal marketing activities, as those working in this field exploited them in order to market their products in the field of the profession, such as legal consulting work for target groups, to facilitate access to legal information. The research addressed some problems. For example, what are the limits of permissible legitimate competition? Can a lawyer create a specialized website? Were the judicial decisions issued in this regard more correct than the decisions of the relevant union bodies? Thus, it is possible for a lawyer to exploit various social media. Does it constitute illegal solicitation that is not commensurate with the status of the profession, in light of the legal texts in the Lawyers Law No. 173 of 1965? What is the scope of the impact of commitment to legitimate competition and professional ethics on the quality of this type of marketing? Are there limits to fair competition and ethical obligations for that? From here came the idea of entering research into this field, trying to ultimately develop a regulated concept of the boundaries of fair competition and ethical obligations for legal work within the digital scope.

Globalization, with its economic, social, and political changes, has had an impact on various levels. Criminal policy has not been spared from this influence, as it has become necessary to constantly develop positive criminal law in the areas of criminalization, punishment, and even the procedural aspect. Criminal policy is characterized by dynamics and development, enabling it to keep pace with the developments occurring in the international community as a whole, especially in the field of information technology, modern technology, and the communications revolution. In order to achieve the idea of keeping Iraqi criminal policy procedurally in line with the requirements of globalization, executive and legislative bodies have worked to amend the legislative system, initially developing and reviewing the substantive criminal system to address emerging crimes, followed by the procedural aspect. The main problem in this regard is that Iraqi criminal legislation is still flawed, vague and lacks appropriate legal texts to keep pace with the modern policy of criminalization and punishment and to stand with the international community on the ground of combating emerging crimes. Hopes are not better for criminal procedures, as the Code of Criminal Procedure is still captive to its traditional texts that are not in harmony with the global use of modern technologies in the field of new litigation procedures in the areas of collecting evidence and electronic trials. This is what we seek to clarify and propose appropriate solutions to address it.

(The social responsibility of the legal professions in achieving judicial justice) Human practices in daily life vary according to their many needs and depending on the strength of primary motives and how to satisfy them, which differ from one person to another
This may result in harm to others, whether as a direct or indirect act, which gives rise to the title of liability. The danger of this liability increases depending on the nature of the harm and the identity of the injured party, especially if the harm is related to the title of justice, and the injured party is society, in which case this constitutes a breach of social responsibility.
The research is based on a real-life problem faced by the legal and judicial spheres, namely the confusion and ambiguity in determining practical priorities for achieving justice in the tasks and work of the legal profession. In other words, through the following question: What are the limits of social responsibility imposed by the work of legal professionals towards the justice that everyone seeks?
The aim of the research is to attempt to establish a clear standard that can be relied upon to verify the existence or absence of justice. Therefore, the outlines of the research can be drawn through the hypothesis of identifying the common features of justice among the legal professions, the violation of which constitutes an obstacle to achieving justice.
In addition to trying to make use of the practical means available in Islamic law, which played a major role in establishing justice, a matter that no fair researcher can ignore, or at least form a focal point and comparison that can be used to achieve the research objective, by following the descriptive analytical method when reviewing the research requirements.
The research findings, most notably, highlight the need for the Bar Association to adhere to the oversight index in monitoring the work of its members. They also highlight the importance of the Bar Association's arbitration committees for receiving client complaints and other matters related to the work of the Association. The research recommendations, most notably, highlight the need for parliamentary legislation to address the law on advocacy and other legal professions in order to refine and develop them in a manner that serves the achievement of justice

The subject of the research is an attempt to combine two types of sciences, the first: law and the second: economics, to produce a new type and to reach that is through revealing the relationship of each science to the other. In this research we will reveal the mutual influence between the rules of private international law and the state’s resources. The latter falls under the general umbrella of state funds (increasing foreign human capital) and diversifying it with increasing national capital. Here, it is necessary to identify the type of rules affecting each type of resource.
Within the framework of the rules of nationality and domicile, there is an impact on the management of a type of resource versus the rules of conflict of legislative and judicial jurisdictions, and the goal of determining the proportion of each type of rule to each type of resource is to achieve a quantitative and qualitative increase in foreign and national capital. The qualitative management of resources requires improving, reforming and diversifying its legislative system. For example, the rules of the current Iraqi investment law are more closely linked to material resources, while the rules of the labor law are more closely linked to human resources. The former is affected by and influences the rules of legislative and judicial jurisdiction, while the latter is affected by and influences the rules of nationality and domicile.

Despite the positive features brought about by the world of technology—particularly the emergence of the Internet—there are numerous negative aspects that it has enabled for individuals in its use. Chief among these is the ease of accessing intellectual property rights available on the Internet, including digital works, with computer programs being one of the most prominent types. This occurs when individuals bypass the protection codes embedded in these works to access, use, or exploit them unlawfully.
Given the recent nature of technological developments in this field and the inability of traditional conflict-of-law rules to keep pace, a significant issue has arisen regarding which law should apply to infringements of digital works. Prevailing legal scholarship, international agreements on the protection of authors’ rights and neighboring rights, as well as national legislation, have all leaned toward applying the law of the country of protection to disputes concerning digital work infringements.
The rationale behind this lies in the law of the country of protection’s ability to safeguard digital works from infringement, as it is specifically designed to provide adequate protection. This has led legal scholars to advocate strongly for applying the law of the country of protection when resolving disputes concerning digital work infringements. Such an approach is warranted due to the special nature of digital works compared to traditional ones, as they occupy virtual space through communication and information networks, making them more vulnerable to various forms of infringement.

The humanitarian objective is to prevent environmental harm rather than merely compensate for it after its occurrence. In light of the growing interest in environmental issues, numerous legislative and regulatory provisions have been enacted with the aim of preserving the living environment of the population and protecting the environment from all forms of aggression, whether direct or indirect The nature of transboundary pollution is characterized as a distinct form of pollution due to the exceptional risks it entails. This necessitates the development of international obligation rules to align with the specific nature of environmental damage. Most scholarly opinions concur that general principles are insufficient to address this situation, which has led contemporary legal doctrine to adopt new principles consistent with the nature of this type of pollution.

The principle of the “law of will” or “party autonomy” is one of the fundamental pillars in regulating legal relationships of an international nature, particularly in the field of contracts. This principle becomes especially important in international contracts that involve parties from different countries and are often subject to divergent legal systems, raising a crucial question: Which law should govern this contractual relationship? Here, the principle of the law of will intervenes to grant the parties the right to choose the law that governs their contract.
This research provides an in-depth analysis of the pivotal role that the law of will plays in determining the applicable law to international contracts, which is known in the context of private international law as the issue of conflict of laws. International law permits the parties, within certain boundaries, to select the legal system they deem most appropriate to govern their rights and obligations—whether that system is the law of a particular country or a set of non-national substantive rules, such as the rules of the International Chamber of Commerce or the Principles of International Commercial Contracts.
The research includes a foundational review of the concept of party autonomy, illustrating its emergence in traditional legal thought and its development in light of economic expansion and globalization, which have made it a practical necessity for facilitating international trade and ensuring the stability of cross-border relationships. The study also discusses how national legislations have addressed this principle, in addition to the role of international conventions such as the Rome Convention of 1980 on the law applicable to contractual obligations and its more recent version, Rome I Regulation of 2008.
The summary highlights the distinction between express and implied choices of law. In many legal systems, the choice of applicable law must be explicitly stated in the contract. However, under certain circumstances, it may be inferred from the context of the agreement, its wording, or the nature of the contractual relationship.
The research also emphasizes the limitations that may be imposed on the freedom of will in international contracts. This principle cannot be used as a pretext to override mandatory rules in certain countries or to violate international public order, particularly in contracts that touch on fundamental rights—such as employment contracts or consumer agreements. In such cases, some legal systems may require the application of the law of the country where the contract is performed or the law of the weaker party’s place of residence.
Furthermore, the research explores the impact of the law of will in the field of international commercial arbitration, where parties are granted wide flexibility not only in choosing the applicable law but also in selecting the rules and venue of arbitration. This reflects the international community’s commitment to respecting the parties\' autonomy in managing their contractual relationship without being burdened by the complexities of domestic legal systems.
The study also reveals the diversity of national approaches regarding the extent to which the parties\' freedom to choose the applicable law is recognized, and the possibility for courts or arbitral tribunals to reject such choices if they conflict with the fundamental principles of the national legal system or requirements of international justice.
In conclusion, this summary shows that the principle of the law of will is a cornerstone in the structure of international contractual relationships, as it offers flexibility, legal stability, and recognition of the unique nature of international dealings. However, its application cannot be absolute and must always be balanced against the constraints imposed by domestic laws and international agreements.

When the judicial custodian is charged with managing the judicial custody operations of a bankrupt bank and preserving the rights of creditors and stakeholders in a manner that maximizes the value of proceeds from the sale or disposal of the bank's assets, minimizes losses, and ensures fair treatment among creditors regarding claims related to their debts, in addition to a number of other duties imposed on him, then if the judicial custodian fails to perform his duties, he will undoubtedly be liable for any damages that may result from his actions or failure to perform his assigned duties, and he will be obligated to pay compensation.

Enhancing financial transparency in public budgets constitutes a fundamental pillar for achieving integrity and accountability in the management of public resources, particularly in states facing structural challenges such as Iraq. This research examines the legal framework governing financial transparency in Iraq, providing a critical analysis of implementation mechanisms and persistent challenges.
Iraq relies on legislative instruments such as the Public Financial Management Law No. (6) Of 2019, which mandates governmental entities to publish financial data and subjects them to oversight by bodies including the Board of Supreme Audit and the Council of Representatives. Nevertheless, Iraq’s experience faces systemic obstacles, most notably:
1. Institutionalized corruption and weak institutional capacities, impeding the enforcement of legal provisions;
2. Near-total dependence on oil revenues, complicating the tracking of financial flows;
3. Political interference in oversight bodies, undermining their independence;
4. Deficiencies in technological infrastructure hindering effective and timely data dissemination.
Regarding implementation mechanisms, governmental efforts—such as adopting electronic budget management systems—remain limited in impact due to bureaucratic constraints and insufficient technical training. Civil society and media engagement in oversight is equally constrained by the absence of a transparency culture and the non-implementation of right-to-information laws.
Through critical analysis, this research concludes that Iraq exhibits a substantive gap between statutory frameworks and practical enforcement, attributable to:
• A lack of genuine political will for reform;
• Legislation prioritizing procedural formalities over effective oversight mechanisms.
To address these challenges, the study proposes:
1. Strengthening the autonomy of oversight institutions;
2. Integrating block chain technology for real-time expenditure tracking;
3. Engaging international organizations to support institutional reforms;
4. Fostering public awareness of transparency’s role in sustainable development.
This study underscores the necessity of a comprehensive approach integrating legal reform, enhanced governance, and transformation of traditional administrative practices to ensure equitable management of public resources in Iraq.

This research (the right of litigation In direct constitutional litigation) deals with the most important rights recognized by many declarations, International charters and constitutions, as the right of litigation is based on the redress of individuals from an attack on them by the judiciary, and therefore constitutions are concerned with providing constitutional guarantees to ensure this right.
Due to the specificity of the right of litigation In constitutional litigation and its difference from what Is customary in the ordinary judiciary, this research embarked on how to exercise this right through the constitutional lawsuit, as a direct connection to the procedures for accessing the protection of this right, as the exercise of this right as a right cannot be envisaged In practice except after filing a lawsuit, and the extent of the effectiveness of constitutional litigation in this means, and the success of this means to ensure the right to litigation, and what are the controls and rules that must be fulfilled?

In performing his job duties, the judge faces a clear and tangible challenge in determining the reasonable period during his consideration of the cases presented before him. The legislator has included in some texts the term “reasonable period” and did not specify a specific time, but rather left its determination subject to the judge’s discretionary authority, which requires him to follow a specific standard in arriving at determining that period according to what applies to the legislator’s vision and purpose. The term “reasonable period” is known to be a flexible term, as it carries two meanings. The first is the general meaning. The general meaning is: it is the period that reason and logic dictate, that is, they agree to specify its beginning and end to complete a specific subject and according to what the circumstances surrounding each case allow. The reasonable period in its specific sense cannot be defined except within the limits of the field for which it was intended. When reviewing Iraqi laws, we did not find any definition of the reasonable period, but rather left its determination according to the requirements of reason, logic and the surrounding circumstances. Therefore, the importance of studying the reasonable period emerges in quickly delivering the right to its owners and those entitled to it, which prompts us to pay attention to the time in which the right arrives. Has it been achieved? Is justice achieved and sought after, or is justice achieved too late, leading to the loss of benefit for the right holder, in addition to the scarcity of studies on this topic.

A corporate legal management system is designed to handle all processes that help companies manage their legal tasks. This system has rapidly evolved with the introduction of artificial intelligence (AI), making it possible to automate and simplify various legal tasks, including contract management, e-discovery, compliance, and the tracking and management of data related to legal expenses such as invoices and payments. The use of AI programs by companies, particularly international ones, to manage legal tasks has helped them streamline their legal processes and improve efficiency. This has shaped the nature of these processes and the identity of those involved. This reflects a new vision for the legal profession within commercial institutions impacted by current economic transformations.

Electronic Developments Are Rapidly Accelerating, Driven By Electronic Technologies And The Use Of Communication Networks That Play A Significant Role In Various Aspects Of Life. This Has Led To The Emergence Of Complex Life Problems And Diversified Commercial Operations, Necessitating The Development Of New Mechanisms To Address These Challenges. The Legal System Is Not Immune To These Developments, And Thus, There Is A Need For An Advanced Legal Framework That Can Accommodate These Rapid Changes And The Associated Problems And Disputes, Especially With The Evolution Of Commercial Transactions. Electronic Arbitration Has Emerged As A Mechanism To Resolve Disputes Effectively, Quickly, And Flexibly, Avoiding Complex, Difficult, And Costly Procedures Compared To Traditional Arbitration. As Contracts And Deals Are Increasingly Concluded Over The Internet, It Is Natural To Resolve Disputes Arising From Them In The Same Manner.
The Importance Of This Research Stems From The Increasing Number Of International Contracts And Deals Conducted Via The Internet And Electronic Networks, Highlighting The Necessity Of A Legal System That Keeps Pace With The Speed Of These Transactions And Their Procedures, Replacing Traditional Methods (Litigation Or Conventional Arbitration), Which Are Characterized By Slow Procedures And High Costs. This Has Become A Requirement Of The Modern Era.

Environmental pollution issues are among the most serious challenges facing the international community. The ongoing conflicts the world is witnessing, whether international or non-international, have led to their effects spilling over into the environment. This underscores the importance of protecting the environment in armed conflicts, given its importance as a critical issue. While international legal rules exist for protecting the environment in international armed conflicts, they are unclear in non-international armed conflicts under international humanitarian law and are relatively limited. It is difficult to implement these laws, and they are secondary to states, as they focus their efforts on internal security and stability. This poses a challenge to environmental conservation. It is also difficult to prove the causal relationship between conflicts and environmental damage, making them a serious and clear threat to the environment. The problem here is the weakness of the legal framework for environmental protection in such conflicts, as they are governed by rules with weak effectiveness, especially since the damage extends beyond the conflict and leads to serious environmental violations. This renders protection mechanisms incapable of addressing these problems. It is also difficult to prove environmental damage, as non-governmental parties do not adhere to international agreements, as well as the absence of explicit legal texts for environmental protection and the absence of legal or financial guarantees for conservation. On the environment and preserving the rights of future generations to it. In this research paper, we will address the first section, explaining the concept of armed conflicts not of an international nature, and the second section, the legal framework for protecting the environment in armed conflicts not of an international nature. The research concludes with the most important findings and recommendations.

Legal clinics are an innovative model in legal education and community support, allowing students to apply their knowledge to real cases under academic supervision, enhancing their practical skills and providing legal aid to marginalized groups. In Iraq, legal clinics face legal and organizational challenges, including conflicts with the Lawyers’ Law, which limits legal advice to registered lawyers. Despite the lack of clear legal provisions, general principles from the Iraqi constitution can support the development of these clinics, though legal amendments and greater institutional support are needed.

The use of technology and information technologies to accelerate and improve judicial processes and provide legal services has become a popular matter at the present time, especially in light of the technological invasion that reality is currently witnessing. In order to include the judicial administration in all its formations within this framework, it is necessary to be familiar with modern means of communication as well as electronic programs in a way that can serve the judicial system and advance its work without causing any negative effects that may be reflected in the judicial environment. Taking into account the privacy of data and digital security and what it contains of digital platforms, computing and algorithms used as an ideology to broadcast digital within the framework of judicial administration, so we shed light in this study on the research of digital transformation and what is meant by it and the digital world and how to apply it in judicial administration with a statement and knowledge of its negative and positive aspects and the possibility of achieving justice and transparency in light of this development with the adoption of the comparative and analytical approach in each aspect with what is consistent with the content of the research topic.

The study of the principle of transparency in achieving financial reform has emerged as a result of the changing role of the state—from being a guardian state primarily focused on ensuring internal and external security to pursuing broad economic goals. It has also extended to addressing the issue of financial corruption, which significantly affects many countries, especially developing ones Therefore, it is essential first to understand the concept of transparency, which refers to disclosure, clarity, and the availability of administrative and financial information to citizens and stakeholders, enabling them to monitor how financial resources are managed. Hence, emphasis should be placed on the necessity of activating oversight mechanisms, preventing corruption, and improving the use of financial resources. This can be achieved by accessing relevant information and strengthening trust in the financial system through combating corruption and administrative misuse, encouraging economic reforms, and promoting financial data disclosure. These measures facilitate the implementation of financial reforms and support the principle of transparency. It is important to highlight that transparency is one of the fundamental tools for achieving financial reform. Therefore, strict legal measures, strong government commitment, and active public oversight of financial performance must be enforced. Such efforts can lead to social justice and sustainable development. However, it must be acknowledged that the principle of transparency may face challenges, including a lack of financial awareness among citizens, non-compliance with laws and international standards, and weak digital systems that facilitate financial disclosure.

Moral right is the authority of a person over an intangible thing that is the product of his imagination or thought, such as the artist's right to his artistic creations, the author's right to his work, the merchant's right to the trademark and trade name, and the inventor's right to his industrial inventions.
Thanks to technological development and the emergence of the Internet, it has become easy to publish digital works on these sites, and the thing that facilitated piracy is also technological development, so there had to be an international umbrella to protect works and their owners;
Because protecting them is one of the manifestations of development and progress, especially the protection of moral property,
On the other hand, the large number of users on the Internet and the lack of culture about intellectual property and everything related to authors and their rights or owners of neighboring rights cannot be violated,
We can imagine the importance of this protection and its necessity in light of the technical progress that has occurred in the means of publishing and circulating works and their transformation from classical publishing to new electronic publishing.
The problem of the research is to know the legal framework for protecting moral property in the digital age in light of the difficulties that exist because rapid scientific progress has resulted in the emergence of measures to circumvent the protection of the moral rights of authors.

The phenomenon of administrative and financial corruption has spread considerably in Iraq and is a serious phenomenon that requires combating and preventing it; the legislator must therefore enact a set of legislation that contributes to the prevention of corruption, as well as actions to be taken in the event of corruption. As amended. Since the law was flexible, it must keep pace with scientific and technological developments by developing the legal base; Given the significant role played by modern technologies in expanding corruption through the misuse of these technologies, more effective means must be found in combating administrative and financial corruption by activating a new method of oversight based on modern technologies. This method is electronic censorship; which monitors the Department's work and works to correct its mistakes and contributes to raising the level of administrative activity and making it of high quality; as well of its high ability to detect illegal conduct by enhancing transparency in the performance of administrative work; This gradually reduces the manifestations of administrative and financial corruption in order to prevent it from occurring.