Journal of college of Law for Legal and Political Sciences

Airspace is considered one of the most important components of a state. The issue of its ownership has sparked wide legal debate, especially with the advancement of air navigation technologies and the increasing reliance on airspace for both civil and military purposes. This space extends above the land and territorial waters of the state and is regarded as an integral part of its territorial sovereignty.\" The state enjoys full and exclusive sovereignty over its airspace—not in the traditional sense of private ownership, but in the sense of sovereign ownership, which entitles the state to regulate its use, monitor it, and prevent others from accessing it without permission. This makes the issue of \'ownership of airspace\' a cornerstone in the regulation of international air relations and in balancing state sovereignty with the freedom of peaceful use of airspace

This research aims to study Indo-Japanese relations and their impact in creating a new balance of international powers and provide a comprehensive analysis of that relationship as one of the most important international relations on the Asian continent, especially in light of the turbulent situation of the international environment, the growing phenomenon of increasing Chinese influence in Asia, and the attempt of India and Japan as the two main powers capable of balancing it in that vital region of the world, the research covers a wide range of topics, starting from the origin and development of Indo-Japanese relations, passing through the motives and determinants of that relationship between India and Japan, as well as the impact of that relationship in creating a new balance of international forces for the international force, as well as Foreseeing the future of Indo-Japanese relations in world politics according to the presented data .

Resorting to amicable means, as an alternative to litigation and arbitration, to resolve disputes in construction and contracting contracts has become a necessity. This is due to modern commercial developments, the resulting problems in transactions, the need for speed and reduced costs in resolving disputes, and the search for experts to consider or resolve these disputes. Hence, the need and need for a legal mechanism that allows disputing parties to resolve their disputes and problems quickly, fairly, and effectively, while granting them a degree of privacy, flexibility, and freedom not typically available in litigation or arbitration. Dispute resolution councils in construction and contracting contracts have received wide attention as a friendly method, especially since relationships are characterised by continuous entanglement and are steadily increasing day after day, which helps to achieve a noticeable role played by this method in settling disputes, which in turn affects the development and progress of the commercial movement by maintaining friendly relations between its parties and leaving hatred and maintaining the continuity of the project without interruption despite the existence of disagreements, especially since the dispute resolution council is formed from the moment or before the birth of the project

Despite the difference of opinions regarding the applicability of disciplinary rules to holders of temporary employment positions, the opinion that supports such applicability remains the more acceptable one. This is due to the numerous legislative texts confirming that a temporary employee is subject to the same rules as a permanent employee, and to ensure that the temporary employee adheres to job duties. However, from a practical standpoint, imposing disciplinary sanctions on a temporary employee is legally impossible, as their effects apply to the benefits of permanent positions, not temporary ones. Nevertheless, it is possible to apply the procedures related to administrative investigations to temporary employees. The benefit of such investigations is limited to uncovering the factual circumstances of the disciplinary incident, with the possibility of referring the temporary employee to criminal courts if the administration finds that the employee’s actions constitute criminal liability.

The central bank has the main role in monitoring banks and companies licensed to practice banking business and the first line of defense in combating money laundering and terrorist financing operations inside, and the central bank follows a set of basic control methods aimed at combating these criminal operations, where we divided the research into four branches, in each branch we dealt with the control method followed by the central bank in the Iraqi legislation with comparison with the position of the UAE and Egyptian legislator, in the first branch we dealt with auditing and appointing the auditor and the tasks assigned to him in combating money laundering and terrorist financing, and in the second branch we addressed the monitoring of Banking Compliance and its importance in combating these As for the third section, we discussed the anti-money laundering and terrorist financing function developed within financial institutions and its role in implementing advanced control policies and reporting suspicious transactions, as for the fourth and final section, we discussed field control through inspection rounds and its role in combating and developing control systems within banks and companies.

Many countries around the world have adopted the parliamentary system as their preferred political system for governing affairs. This system is based on a set of principles aimed at achieving a balance between the executive and legislative powers. In this context, the right to dissolve parliament is considered a tool possessed by the executive authority to confront the legislative authority, while the latter has the right to withdraw confidence from the government. Therefore, the executive authority's threat to dissolve parliament is considered a means of achieving a balance between the two branches. The mechanism for dissolving parliament, according to the 2005 Constitution of the Republic of Iraq, raises legal and political issues. The President of the Republic is the one who undertakes this procedure at the request of the Prime Minister. This differs from some other constitutions that grant this power to other bodies, such as the Federal Court or the President himself. The Iraqi Constitution follows specific mechanisms for dissolving the House of Representatives, as contained in Article (64) in two paragraphs. The first stipulates: The House of Representatives shall be dissolved by an absolute majority of its members, upon the request of one-third of its members, or a request from the Prime Minister and with the approval of the President of the Republic. The House may not be dissolved during the interpellation of the Prime Minister. As for the second paragraph: When the House of Representatives is dissolved, the President of the Republic shall call for general elections in the country within a maximum period of sixty days from the date of dissolution. In this case, the Council of Ministers shall be deemed to have resigned and shall continue to manage daily affairs.

The objective gradualism of constitutional rules is linked to the emergence of the concept of a constitutional group or constitutional bloc, which encompasses a set of basic rules and principles that have been diversified into multiple documents. On the other hand, it is linked to the nature of the objective standard adopted by the constitutional judge in defining the concept of the constitution, which is based on examining the essence or content of the rule's subject matter, rather than the form and procedures followed in its enactment. Therefore, the constitutional judge's authority is not limited to the constitutional document alone, but rather extends to include rules and principles of a constitutional nature outside the constitutional document. This topic itself was the creation of the French constitutional judge, represented by the French Constitutional Council. This led to jurisprudential debates within constitutional jurisprudence circles in France, with some supporting substantive hierarchy, while others rejected the idea altogether and argued for the unity of the constitutional document and the absence of hierarchy between its components. However, the French Constitutional Council's application of substantive hierarchy quickly developed in many of its decisions and rulings, and from there, it transitioned into comparative constitutional jurisprudence as a successful technique and method for resolving the problems of multiple constitutional documents within a state or even the conflict between rules within a single document

: Investment in external road infrastructure holds considerable importance in the present era, as it constitutes one of the fundamental pillars for achieving development across various domains, including commercial, economic, and social sectors. This is primarily achieved through the attraction of both domestic and foreign investments. Such investment projects significantly contribute to facilitating the movement of people and goods, while also enhancing the connectivity between cities and regions. Investment contracts in external road infrastructure take various forms, such as Build-Operate-Transfer (B.O.T) agreements and public-private partnership (PPP) contracts. These contractual models are among the most prominent and applicable frameworks in road infrastructure investment projects. The agreements established between the contracting parties generate a set of legal obligations, particularly for the investor, who is required to fulfill these commitments in accordance with the terms of the contract. In return, the investor is entitled to certain rights granted under the same agreement. Similarly, the host state that grants and facilitates investment projects assumes a set of obligations that must be executed in good faith. In exchange, the granting authority also enjoys a range of legal rights associated with the investment in external road infrastructure.

The golden share is an idea adopted by some Arab legislation. It is one of the means used by the state to exercise control over public projects after transferring them to the private sector due to the privatization process. This share gives the state the right to object to important decisions issued by the board of directors of the joint-stock company, such as the merger and liquidation decision. And others, and the state grants this share to ensure that projects are not controlled after their privatization by a certain group and leads to projects deviating from their national and strategic goals. The Iraqi legislator did not adopt this system and did not regulate its provisions

The public order aims to protect the fundamental principles and foundations upon which the community of the judge who considers the dispute is based, whether those principles and foundations are social, economic or political. As the rules of the aforementioned law affect the aforementioned principles and foundations.
If the applicable foreign law, which has the original jurisdiction under the national attribution rule, is excluded, we will be in front of a legal vacuum, which is the absence of legal rules that guarantee the resolution of the conflict after excluding foreign law contrary to public order. This legal vacuum requires the replacement of legal rules in place of the rules of law. The foreigner, to find a solution to the dispute before the national judge, because the latter cannot dismiss the case or leave it without judgment, otherwise he is considered a denial of justice, It is more likely that the judge's law replaces the excluded foreign law because of its precautionary jurisdiction in this field.

Universal criminal jurisdiction is a deterrent means to reduce impunity and achieve criminal justice, and to avoid gaps in other punitive mechanisms, and expands the competence of states to pursue perpetrators of crimes who are present on their territory, regardless of the location of the crime or the nationality of the offender or victim and the rules of jurisdiction. The importance of universal criminal jurisdiction in the implementation of the principle of non-impunity through the adoption of a global policy of punishment, despite the challenges that hinder the exercise of its jurisdiction. Universal jurisdiction is one of the most important pillars of international judicial cooperation in combating impunity for the perpetrators of new and international crimes, based on respect for the sovereignty of the state and the immunity of its representatives, through the development and activation of the basis, principles and objectives on which it is based through the conclusion of international conventions and urging the inclusion of this jurisdiction in the internal law of states.

: Advances in various areas of modern life have led to the development of methods and techniques for treating human and animal diseases. This has shifted from the traditional methods and techniques followed by doctors or pharmacists in performing their treatment to modern means, including electronic devices and advanced technologies, which have helped medical professionals delve into the depths of the patient's body and treat what was previously extremely difficult. This has encouraged the pharmaceutical industry, as the advancement of skills and medical equipment used in the field of medicine in general, and examination and diagnosis in particular, has led to the discovery of new diseases that were previously unknown. This has created a need to find a medical drug that is compatible with their nature, both in terms of treatment and without harming the patient's body systems. Legal specialists play a major role in conducting studies and research that help guide and direct legislators regarding the apparent shortcomings in legal texts, in general, and criminal texts in particular, in regulating medical practice in its various branches, including medicine, pharmacy, and others. The law protects this practice and encourages those working within its scope, providing a suitable environment and environment for work and establishing guarantees that provide immunity for those working in this field. On the other hand, it criminalizes actions that constitute an assault on a patient's body or a violation of the public interest in society, and prescribes appropriate penalties for such actions by third parties. Medications that genetically affect a child's health undoubtedly have a negative impact if their use and delivery methods are left haphazard and unregulated, without legal rules that ensure their availability in sufficient quantities and of good quality, ensuring they are suitable for performing their function of treating, preventing, or alleviating disease.

this research attempts to strengthen the commitment to protect the environment from oil pollution by identifying the concept of the environment and the phenomenon of oil pollution, the forms in which it occurs, the factors that contribute to the exacerbation of this phenomenon, and its consequences, it then attempts to identify the foundations upon which this commitment is based, whether legal or rational.

The consignee is considered one of the principal parties in the legal relationship arising from the contract of maritime carriage, even though he is not always a direct party to the contract itself. The consignee is the person to whom the goods are addressed and expected to receive them upon arrival. He acquires a special legal status derived from the nature of the maritime contract, the principle of privity of contract, and the specific rules set out in international conventions and national legislation. This study aims to clarify the legal regulation of the consignee’s position by examining his rights and obligations and analyzing the legal basis that grants him the right to take action against the carrier, especially in cases of loss, damage, or delay. The study also addresses the issue of notice of damage or loss, the consequences of failure to notify, and its impact on strengthening the carrier’s position, in addition to the consignee’s liability regarding the receipt of goods and the payment of freight or dues. The research relies on an analytical approach to the provisions of the Iraqi Maritime Code, comparing them with the rules set forth in the Hamburg Rules of 1978, to assess the extent of legal protection afforded to the consignee and to highlight the differences in legal treatment.The study concludes that the Iraqi legislator has granted the consignee a distinguished legal position that ensures adequate judicial protection in the event of a breach by the carrier. However, some obligations remain vaguely defined, leading to potential practical complications. Therefore, the study recommends amending certain legal provisions and adopting unified rules based on modern international conventions to establish a balanced legal framework between the consignee and the carrier

: Most legislation in countries around the world, including Iraq, has tended to exclude the judiciary from resolving disputes related to equity investment in the stock market. These disputes can arise between financial intermediaries and equity investors due to a breach by the former. Instead, legislation has adopted and imposed a special legal system for resolving these disputes, namely the compulsory commercial arbitration system. This system is characterized by confidentiality and the speed with which it adjudicates cases brought before it that cannot be postponed. This fully aligns with investors' desires, as any delay in resolving a dispute exposes them to huge losses. Furthermore, the legislature has designated a specific body and granted it jurisdiction to conduct compulsory commercial arbitration in the Iraq Stock Exchange and has outlined the mechanism for appealing its decisions by equity investors

:Non-traditional trademarks have witnessed remarkable development in light of commercial expansion and technological advancements, as trademarks have moved beyond the traditional form based on visual elements to more diverse forms, including sound, smell, color, taste, movement, and three-dimensional shapes. This research sheds light on this modern category of trademarks, outlining their legal nature, types, registration requirements, and the practical and legislative issues associated with them.
The research problem lies in the absence of clear legislative regulation of non-traditional trademarks in Iraqi law, despite the indication that visual perception is not a condition for a trademark. The study relied on an analytical and comparative approach, by analyzing national legal texts and comparing them with Arab and international legislation, such as the Jordanian Trademark Law and the Madrid Agreement and Protocol.
The study concluded that registering non-traditional trademarks still faces significant technical and legal challenges, including the difficulty of visual representation and the lack of clarity in distinguishing them. This highlights the need for specific legal regulation that reflects the developments in this field. The study recommends that the Iraqi legislature issue instructions or executive regulations for non-traditional trademarks and develop tools for their registration and technical verification, in line with international standards and providing effective and balanced protection for commercial and intellectual property rights

Administrative discretion constitutes a fundamental pillar in the study of administrative law, representing the framework that grants public authorities the flexibility to make decisions that best serve the public interest while respecting legal, social, and ethical principles. Judicial oversight over administrative discretion is a crucial mechanism to ensure compliance with legal limits, protect individual and collective rights, and prevent abuse of power.
This study focuses on analyzing the interactive relationship between administrative discretion and judicial control in both Iraq and Jordan, through an examination of national legislation, constitutions, judicial precedents, and contemporary legal theories. The research aims to clarify the scope of discretion granted to public authorities, the mechanisms of judicial oversight, and the legal tools available to maintain a balance between administrative freedom and rights protection.
Employing a comparative analytical methodology, the study analyzes Iraqi and Jordanian legal texts, reviews judicial case law, and investigates practical applications of administrative discretion and judicial review. Special attention is given to key legal principles, such as the principle of legality, the principle of fairness, and the principle of proportionality, and their role in guiding administrative decisions and evaluating them judicially.
The study concludes that both Iraqi and Jordanian legal systems recognize administrative discretion as an inherent right; however, the scope of this discretion differs according to legal constraints and judicial oversight practices. The research further demonstrates that judicial review in both systems balances formal procedural scrutiny with substantive evaluation of administrative decisions, although nuanced differences exist in the methods of judicial intervention.
The study also provides practical recommendations to enhance the effectiveness of judicial oversight over administrative discretion, including the unification of legal and procedural standards, the development of judicial training in evaluating administrative decisions, and conducting periodic comparative studies to refine oversight mechanisms in line with legal and social developments.
Overall, this research offers a comprehensive knowledge base for understanding the nature of administrative discretion and judicial oversight, serving as an academic reference that enriches comparative administrative law studies and supports researchers, judges, and policymakers in designing policies and procedures that balance administrative freedom with the protection of citizens' legal rights.

Political sectarianism is one of the most prominent challenges facing societies with diverse identities in the Arab world. The Iraqi case has represented one of the most important factors shaping the political and social landscape post-2003. It is based on employing sectarian and religious affiliations in political and partisan work, making the sect the basis for political and economic representation instead of competence. This pattern of practice has weakened the institutions of the civil state and entrenched societal divisions.
However, on the other hand, the Iraqi experience has shown the existence of official and popular initiatives to confront sectarianism and promote the values of coexistence. Furthermore, overcoming political sectarianism requires reforming the political system, promoting social justice, and entrenching a culture of dialogue and peaceful coexistence among all components.

Turkey was the first Muslim-majority country to recognize Israel in 1949, and relations developed in the military, strategic, and diplomatic fields before the arrival of the Justice and Development Party (AKP), Upon his accession to power, Turkish-Israeli relations during his reign since 2002 witnessed great fluctuations ranging from strategic rapprochement to severe tension influenced by political, economic and ideological factors, as he played the role of mediator in the Palestinian-Israeli conflict, and in 2005 Prime Minister Recep Tayyip ardogan visited Israel offering to mediate peace, and Turkish foreign policy focused on the Palestinian issue to gain local popular support, as this issue played a prominent role in Turkish-Israeli relations.
Despite intermittent political tensions, economic relations remained strong after the attack on the Freedom Flotilla in 2010 that was heading to break the siege on the Gaza Strip, this incident led to a severe diplomatic crisis between the two countries, but recent years have seen attempts to bring relations closer again, including the exchange of ambassadors between the two countries, driven by economic and energy interests.

: Based on the importance of the puplic interest and the developments taking place it is necessary that the services provided by the facility be subject to quality of service and accordingly one of the most prominent criteria for the development of public facilities is applying the quality principle to achieve public satisfaction,especially for the concerned segment of society,the disabled and those with special need.The principle of quality has aclse relationship with the basic principles governing public utilities,or in other words, the principle of quality is s complementary principle to the principles of the continuity ofequality in benefiting from sevices,and the principle of the facilitys ability to develop and change.Therefore, the management of the facility has become concerned with the quality principle of the service provided by the facility,whether it is services- related or administrative

The law has granted the judicial decision force of judicata. According to this; a court can't oversee a new lawsuit, which its substance has been settled in a judicial decision. This force won't exist unless the judicial decision consists of its elements. Furthermore force of judicata is not granted to all the judicial decisions, but only to some of them.
In this study, we have addressed the elements of a judicial decision and the judicial decisions that are granted the force of judicata.

This research addresses administrative control and its elements in the 2005 Constitution of the Republic of Iraq. We outline the importance, problem, scope, methodology, and structure of the research. We then provide definitions of the terms "framework," "administrative control," and their elements, both linguistically and technically. We then refer to the constitutional articles in the aforementioned constitution that address the elements of administrative control, sequentially: public security, public health, and public tranquility. We compare each of these elements in a number of Arab and foreign constitutions, drawing on a number of valuable sources in this regard. We then present a set of conclusions and recommendations that we believe will be useful to the public authority (the government) in applying administrative control to the smooth running of public facilities.

In this research entitled “The semantic and legal foundation of the term usage in the Iraqi Penal Code” A precise and concise understanding of the semantic and legal structure of the term "use" in the Iraqi Penal Code was presented. Its vital role in constructing criminal liability in its material and moral aspects was addressed through verbal analyses of use as a behavior or means and the impact of its presence on the legal classification of the crime. This behavior is evident in the legislative applications that define its features and control its scope within the legal structure of the crime in the texts of the Iraqi Penal Code No. 111 of 1969, as amended and in effect. Use therein does not go beyond being a means or behavior that aggravates the penalty. In addition, the law did not include a precise definition of the term "use," which opens the door to interpretation and overlap with other terms such as "use," and thus variations in its judicial applications. This requires the Iraqi legislator to amend some penal texts to classify "use" according to its severity and seriousness, in addition to emphasizing the necessity of the presence of criminal intent (general or special) for the crime of use to be established.

This study aims to highlight the importance of adopting electronic litigation as an effective tool for achieving more efficient and comprehensive judicial justice in light of the digital transformation Judicial institutions around the world are witnessing a rapid digital transformation, which imposes on judicial systems the necessity of keeping pace with this digital transformation and updating their structures and procedures in line with the requirements of digital development.
The study addresses the role of digital transformation in simplifying litigation procedures, accelerating dispute resolution, and ensuring transparency while preserving the principles of justice and fairness The study also reviews the legal and technical challenges that may hinder the implementation of electronic litigation, such as data protection and ensuring the rights of parties stipulated in the Constitution, in addition to the need to accommodate technical development and qualify the infrastructure and judicial cadres to keep pace with this development . The study concluded that if electronic litigation is adopted in an organized and balanced manner, it will represent a qualitative leap in achieving the desired judicial justice and will enhance the status and efficiency of the judicial system, making it capable of responding to the requirements of the digital age.

Strategic deception is a pivotal method and action in armed conflicts and military planning. Although international humanitarian law generally permits the use of such deception in military operations, it does not leave these actions without controls. International humanitarian law establishes a clear framework that distinguishes between acceptable practices that fall under the category of legitimate “war tricks” and prohibited acts that amount to “treachery” and constitute a war crime.

Education is considered one of the basic human rights that international covenants have emphasized, including the Universal Declaration of Human Rights issued in 1948, which emphasized the importance of education in Article (26/1), which means that everyone has the right to receive education, and that it should be free at least in the primary stages, and that it should also be compulsory, and that university education should be available to all according to their ability. The International Covenant on Economic, Social and Cultural Rights also emphasized the importance of education and the necessity that it should be free and compulsory, especially in the primary stages, and other international covenants. These covenants have been keen to ensure the protection of this right and the necessity for all individuals to enjoy it, in order to obtain culture, science, knowledge and innovation and get rid of ignorance and backwardness. In addition, receiving education contributes to reducing the illiteracy rate, but this right faces a new challenge, which is students dropping out of school, as dropping out of school is considered an obstacle and a challenge facing the right to education guaranteed by national constitutions, in addition to international covenants and declarations. Constitutions did not stop at emphasizing the right to education, but some of them made education Free of charge, including the permanent Iraqi constitution. However, Iraq witnessed a significant decline in the level of education after 2003 due to the lack of proper implementation of the compulsory education law, in addition to the decline in the infrastructure of this important and vital sector. Schools have become insufficient and government universities are insufficient to accommodate the number of students. Therefore, many schools in Iraq resort to double shifts, and other reasons that have led to negative results for education and teaching. This has also led to the spread of negative phenomena such as the phenomenon of school dropout by school students. This phenomenon is inconsistent with the compulsory education law in Iraq, especially since the right to education is one of the basic rights that countries of the world pay great attention to, based on an important criterion, which is that the right to education is the basis for scientific, cultural, economic and social progress. Through the education that a person receives, he will acquire the knowledge, culture, values and morals that surround him. Education also makes him able to adapt and interact within the environment and society to which he belongs. The expansion of the popular base of the education sector and its transformation into the largest social sector gathering the human element has prompted many advanced and developing governments to adopt comprehensive strategies that remove the absolute tradition between school and work. Life and linking this sector to the needs of economic and social development more, so we find that education today, based on this theory, is working to develop the educational and pedagogical aspect in order to advance it and address the problems and challenges facing education, the most prominent of which is the problem of school dropout by students.

Advertisement occupies adistinguished place in the scope of electronic contract, for its effective role in publicizing produced good and services .It is regarded as alink between traders and consumers and it represents an legal competitive If it is misleading ,it will overstep its objectives, which constitutes an abuse of aconsumers right in obtaining correct electronic information or data about goods and services exhibited.
The legal texts that were legislated to protect the electronic consumer were characterized by shortcomings in several respects, because in light of the successive developments in the field of technologies used in business, we find that there is a need to provide protection for him against wrong practices practiced by promoters of goods from merchants through the Internet, with the need to enlighten him with this protection. Whether it is a preventive protection represented by the right of the consumer to inform him of the data and specifications of the offered products, or it is a civil protection represented by the right of the consumer to adhere to a claim of error or a claim of fraud with unfairness or to demand the implementation of a contractual obligation. Goods that do not meet the advertised specifications and refund their value