Journal of Kufa legal and political science

The development witnessed by the world today in the field of artificial intelligence poses many legal challenges, the most important of which are the problems associated with granting legal personality to the human being as an intelligent machine capable of making its own decisions without human intervention. In the current era, a scientific fact looms on the horizon that heralds the arrival of the Fourth Industrial Revolution. The human being has sparked widespread controversy, especially in French jurisprudence, with the aim of granting it legal personality between supporters and opponents. Some of them supported granting it legal personality according to social and moral data, and some of them opposed, based on the lack of a real need and the lack of practical benefit without the availability of an independent financial status. Therefore, the risk of granting the human being legal personality in order to confront the problems that may arise at the level of civil liability resulting from its action and ensuring significant protection for it as a right holder predicts the occurrence of many negative results that will be referred to, their extent will be determined, and their dangers will be warned of.

International agreements are the fruit of the international community\'s efforts to find an appropriate solution to the problem between carriers and shippers, ensuring that shippers obtain fair compensation for the loss or destruction of their goods. This began with the Brussels Convention of 1924. However, the solutions it provided were not in the shippers\' favor, and as a result, most countries refused to join it. The Hamburg Convention of 1978 then attempted to achieve a balance between the interests of both parties. This was evident in the fact that it raised the maximum limit for compensation and changed the gold-pegged franc to the Special Drawing Right, pegged to five currencies of major economic powers. The most recent amendments, the Rotterdam Convention of 2008, addressed the issue of the limits of maritime carrier liability, increasing the limit and keeping pace with the current global developments. National legislation has been influenced by international agreements and has borrowed from them. Therefore, we find that Omani Maritime Law was influenced by the Brussels Convention, despite its issuance in 1981, while Egyptian Maritime Trade Law adopted the Hamburg Convention. Regarding the transportation of passengers and their luggage, international agreements and national legislation have addressed the maximum liability of the maritime carrier in the event of death or injury to the passenger and in the event of loss of his luggage, as they increased the specified amount of compensation since the first agreement was issued and up to the London Convention of 2002. Unfortunately, this issue has not received the same importance as the transportation of goods. This is perhaps due to the decline in the process of transporting passengers by sea after the advent of aircraft, whose speeds exceeded those of ships, thus shortening the time and distances.

The principle of proportionality in administrative decisions is a legal principle that requires administrative decisions to be consistent with the desired goal without causing harm that exceeds the expected benefits. This principle aims to ensure that the administration does not abuse its powers, and includes balancing public benefits against potential harm to individuals or society. The study addresses the applications of the principle of proportionality in different legal systems, such as the French, Algerian, Egyptian and Iraqi systems, and reviews how to ensure a balance between benefit and harm in administrative decisions. It also highlights the importance of judicial oversight in ensuring that the administration adheres to the principle of proportionality. In conclusion, the study stresses the need to strengthen this principle in legal systems to ensure the fairness of decisions and protect the rights of individuals, and recommends strengthening judicial oversight and administrative training to apply it effectively.

Human rights and industrial property rights are two of the most important topics in the modern era, as they constitute two essential pillars for ensuring a balance between protecting individual rights and developing creativity and innovation. Human rights represent the basic standards that guarantee individuals their rights to life, liberty, and security, while industrial property rights aim to protect innovations and discoveries that contribute to the economic and technological advancement of societies. With the development of the era and the increase in challenges, many issues have emerged regarding the protection of these rights, raising important questions about how to achieve a balance between individual rights on the one hand and the protection of inventions and innovations on the other. In recent years, human rights have witnessed significant development at the international and local levels, thanks to the tireless work of humanitarian and international organizations. Many international agreements and conventions have been signed aimed at promoting and protecting human rights, but many challenges remain that prevent the realization of these goals on the ground. These challenges include political conflicts, racial and gender discrimination, and difficult economic conditions that affect individuals' ability to enjoy all their fundamental rights. Regarding industrial property rights, these rights have become at the heart of the contemporary global economy, with many companies and countries relying on the protection of their inventions and innovations to ensure competitive advantage in global markets. However, the issue of industrial property rights is not without challenges. Among the most prominent of these challenges are issues related to legal enforcement, as the degree of legal protection for inventions and trademarks varies between different countries, contributing to the spread of counterfeiting and piracy, which negatively impacts businesses and innovators. On the other hand, the cultural and social challenges that affect the application of human rights and industrial property rights cannot be ignored. Some cultures may still lack sufficient awareness of the importance of these rights, or some societies may still adopt outdated concepts that place restrictions on individuals' enjoyment of these rights. Therefore, increasing awareness and education in this area is crucial, both at the individual level and at the level of governmental and non-governmental institutions. Coordination among various stakeholders is a key solution that can help overcome these challenges. Through cooperation between countries and international organizations, a legal and ethical environment can be created that enhances the protection of human rights and provides the necessary incentives for the protection of industrial property. It is also important to develop policies that ensure that technological progress and innovation do not come at the expense of individual rights, but rather contribute to the development of society as a whole. Protecting human rights and industrial property rights is not merely a legal or economic issue; it is an ethical and social issue that requires effective cooperation between governments, institutions, and communities. The challenges facing these rights must be addressed through integrated solutions that include improving legislation, enhancing education, and expanding social awareness.

International treaties are one of the most important basic means of international legislation. This importance is due to the legal and political function that this means carries out, through which members of the international community express their approval of the international legal rules that govern relations between them. Also, in order for internal legislation to be described as legal or legitimate, it must be consistent and not conflict or contradict the constitutional rules in form and content. And the international treaties mentioned above, when they enter the internal legal system of states, become part of their internal legislation, they also need to be described as legal, as they must It must be compatible with the constitutional rules in the country. The constitutional rules are considered the highest and highest rule in the state in the classification of its legislation. They are in the forefront within the rules of internal public order, and all legal rules must adhere to them. The internal authorities in the state, when legislating any law or internal legislation, must adhere to the constitutional rules, as violating them leads to the abolition of the rules. Which contradicts it in form and substance.

Judicial error in civil procedures is a significant issue that affects the course of justice and the protection of individuals' rights within the Iraqi legal system. This study examines the concept of judicial error and its causes in civil cases, analyzing the legal remedies available for its correction, including appeals and retrials. It also explores the civil liability of judges for judicial errors and the limits of such liability under Iraqi law. The research concludes with recommendations to minimize judicial errors and enhance the principles of justice and fairness.

Financial liability is closely linked to the individual’s legal personality since his birth, as that individual becomes eligible to acquire financial rights. Therefore, the law has not been stripped of its caring and protective nature in order to protect the money of the minor, especially since the issue relates to a weak and helpless person who is unable to protect his money, as is the case with those who have reached puberty. Puberty; Which prompted the positive legislator to protect the minor’s money objectively, on the one hand, by prohibiting the carrying out of certain legal actions or authorizing the carrying out of other legal actions in accordance with controls and restrictions specified by the text of the law. While the protection of the minor’s money, on the other hand, was focused on a procedural basis by creating a legal obligation requiring the necessity of following specific procedures to ensure the validity of legal actions related to the minor’s money by establishing specific legal oversight from official bodies represented by the Public Prosecution first and the Minors’ Welfare Department second to ensure the dedication of protection. Greater protection for the minor and protection of his money from loss and damage.

The distinction between civil and criminal liability lies in their significance and legal basis. Civil liability aims to compensate individuals who have suffered damage, while criminal liability focuses on punishing and deterring the offender. Legal scholars agree that the punitive approach is not a core element of civil liability, which is primarily aimed at restorative compensation. However, with the development of commercial and industrial activities and the increase in resulting damages, weaknesses in the traditional compensation system have become apparent, especially in cases involving serious misconduct or fraudulent behavior. This has led to the idea of introducing a punitive element into civil compensation, so that its role extends beyond merely redressing harm to also addressing wrongdoing through deterrence and prevention. This trend has emerged in judicial systems that follow case law, particularly in the United States, the United Kingdom, and Canada, where the concept of \"punitive damages\" has been adopted. This influence has extended in a limited way to some civil law systems, such as France, where certain judicial rulings have begun to assign a dual function to compensation—both compensatory and punitive. Over time, there has been a gradual move toward codifying this idea within certain legislations, reflecting a shift in the philosophy of civil compensation to include a punitive dimension in exceptional cases.

Depriving women of their economic rights as a result of their exposure to economic violence weakens their role in various economic, social and other fields, which produces effects that affect members of society as a whole, not only women. Therefore, states and international organizations work by concluding international agreements on the one hand, and by issuing reports on the other. Others, as well as by urging the issuance of national legislation and measures, and other actions in order to reduce economic violence against women. It is not acceptable to deprive women of their rights, but despite the efforts made at various levels, there are still many manifestations of economic violence against women. Women in various countries, which makes us more in need of greater efforts to provide adequate protection at the international and national levels.

Constitutional Judicial Correction: A Comparative Study Constitutional judicial correction serves as a proactive tool to ensure legislative conformity with constitutional principles while avoiding the destabilizing effects of annulling non-compliant laws. This research examines this concept through a comparative lens, analyzing mechanisms such as expansive constitutional interpretation or textual amendments to achieve constitutional harmony. It highlights the role of judicial correction in safeguarding legal stability and protecting rights. The study also explores foundational principles like the presumption of constitutionality and the "avoidance doctrine," which oblige constitutional judges to interpret statutes in line with the constitution whenever possible. Utilizing a comparative analytical approach, the research draws on international experiences (Like the United States, Iraq and Egypt) to offer a comprehensive perspective on balancing legislative intent with constitutional supremacy.

Artificial intelligence has become a vital tool in crime detection and investigation by analyzing massive amounts of data at high speed and identifying patterns of criminal activity that may be difficult for humans to detect. Advanced technologies such as deep learning, big data analysis, facial and fingerprint recognition, and text, audio, and video analysis are used to process massive amounts of data. Machine learning algorithms are also used to predict criminal activity before it occurs. These technologies can also monitor criminal patterns and track suspicious behavior, which contributes to enhancing the efficiency of investigation and crime detection, identifying suspects, determining relationships between them, and linking evidence more effectively. Therefore, with the growing complexity and seriousness of crimes, many security agencies have resorted to employing AI technologies in criminal investigations, particularly in crime detection and investigation.