Journal Of the College of law /Al-Nahrain University

The topic “The System of Amici Curiae in Contemporary International Judiciary” focuses on a mechanism that allows entities not party to a dispute to submit legal briefs or technical information to the court, assisting it in forming its conviction. The research shows that the significance of this system lies in its role in introducing specialized expertise and representing public interests within international judicial proceedings, while at the same time raising questions about its impact on judicial impartiality and the rights of the parties. The study explores the legal and procedural framework governing the admissibility of such submissions and the differences among international courts in their approach to amicus curiae interventions, and it seeks to assess the extent to which this system contributes to enhancing the transparency of international adjudication and the quality of judicial decisions, as opposed to concerns that it may prolong proceedings or undermine equality of arms between the parties. The central argument advanced is that the success of the amicus curiae system depends on the establishment of precise safeguards that ensure the effective use of additional expertise without encroaching upon the independence and impartiality of contemporary international courts.

Abstract:
Financial crises are among the most severe challenges affecting the stability of financial, economic, and social systems both domestically and internationally. International law plays a crucial role in establishing regulatory and legal frameworks aimed at preventing such crises and mitigating their effects by enhancing cooperation between states and international financial institutions such as the International Monetary Fund. This study aims to evaluate the effectiveness of these legal rules and instruments in preventing financial crises, with particular focus on the legal and political challenges hindering their implementation. Furthermore, the research proposes solutions to strengthen the role of international law in safeguarding the global financial system against future crises.

This research examines the legal framework governing the pledgee’s exercise of the fundamental rights enjoyed by the pledging shareholder in a limited liability company. The topic carries significant practical importance due to the widespread use of share pledging as a means of securing obligations without transferring ownership of the shares. The main issue arises from the fact that the Iraqi Companies Law does not provide a specific regulation for this matter. It merely refers to the registration of the pledge contract in the company’s records and prohibits the transfer of ownership of pledged shares, without clarifying the legal effect of the pledge on the exercise of the shareholder’s essential rights. Moreover, reliance on the provisions of commercial pledges under the Commercial Law and possessory pledges under the Civil Law is insufficient to address this issue.
The study explores the extent of the pledgee’s authority to manage and exploit the pledged property under both the Commercial Law and the Civil Law, and whether such authority can be extended to include the exercise of the pledging shareholder’s fundamental rights—such as the right to obtain information, attend general meetings, vote, and receive dividends, among others. It also discusses the interaction between the rules governing pledges and the personal nature of management in limited liability companies. The research concludes that there is a legislative deficiency in the current framework that requires legislative intervention to regulate the limits of exercising the fundamental rights attached to shares in a limited liability company during the period of the pledge, and to establish clear rules that balance the interests of the pledging shareholder, the pledgee, and the stability of the company as a legal entity.

The intervention of a third party in a civil lawsuit is considered one of the types of incidental claims stipulated by the Iraqi Civil Procedure Law No. 83 of 1969 (as amended). The entry of a third party refers to the involvement of a person who was not originally a party to an existing legal dispute, in a case that he did not initiate himself, but rather enters upon the request of one of the parties or by a decision of the court. This intervention may be for the purpose of claiming a right for himself, supporting the right of one of the existing parties, or to have the judgment issued in his presence so that it may be enforced against him or to enable him to protect his interests that may be affected by the dispute.
The purpose of allowing third-party intervention—besides the reasons mentioned—is to expedite the resolution of disputes, reduce litigation costs, and avoid the issuance of contradictory judgments on the same subject matter.

Artificial intelligence (AI) is one of the fastest-growing technologies today, penetrating various fields. Countries have focused on developing AI applications and their uses in security. This development requires smart decisions that support security decision-making and promote the adoption and support of AI applications in all fields. Security is not immune to this progress, as we are witnessing significant development in this field. Security agencies always aim to create an integrated security system that leverages modern and advanced technologies, including AI, to prevent crime, reduce traffic accidents, monitor negative phenomena among individuals, and predict and anticipate events before they occur. This will enhance the capabilities of specialized agencies to deal with them efficiently, effectively, and with high professionalism. Everything related to individual and societal security. This research aims to explore the relationship between artificial intelligence capabilities and the Ministry of Interior's digital services. The importance of the research lies in its effort to identify the AI capabilities that contribute to providing digital services capable of meeting and fulfilling the desires of community members.

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This research paper aims to shed light on the theoretical framework of the concept of human dignity and to identify its various manifestations. It also seeks to clarify how administrative police authorities in Iraq and the comparative legal systems contribute to the protection of human dignity, considering it a newly emerging component of public order, and to explore the role of these authorities in safeguarding it, .The study adopts two main methodologies: the analytical method to examine the general framework of human dignity, and the comparative method to assess the legal mechanisms available to administrative police authorities in the selected countries and their effectiveness in addressing practices that violate human dignity, .
One of the key findings of this research is that human dignity has become a modern element of public order, and administrative policing represents an effective and appropriate tool for its protection. Administrative police authorities play a prominent role in safeguarding this principle, particularly in France, due to the efficiency of the mechanisms adopted by the competent authorities and the existence of specialized bodies to address violations. This stands in contrast to the situation in many Arab countries, where legislation often lacks explicit provisions ensuring the protection of human dignity.

This research explores the concept and structure of electoral systems within a constitutional framework. It examines the fundamental principles underlying different electoral models, with a special focus on proportional representation systems. The study then delves into the Sainte-Laguë method, analyzing its mathematical foundations and democratic implications. A comparative perspective is adopted to evaluate its application across various constitutional contexts. The modified Sainte-Laguë formula (1.7) is also addressed, highlighting its legal and political effects. The paper aims to assess the balance between fairness and stability in electoral design. Conclusions are drawn regarding the suitability of such systems in emerging and established democracies.

The principle of equality before the judiciary and the right to litigation are among the basic constitutional rights according to their organization in the multiplication of the provisions of comparative constitutions, and both are linked to each other, so the right to litigation does not find its constitutional value Without achieving equality for individuals to have recourse to the judiciary Therefore, ensuring the right of individuals to litigation inspires in the souls a belief in justice, and ensuring this right is one of the components of the rule of law, and for this reason the principle of equality before the judiciary is considered the cornerstone of the right to litigation. The principle of equality before the judiciary can only be achieved by ensuring the right to litigation . And the constitutional protection of those rights is a basic guarantee for their embodiment, and here the constitutional courts play a major role in protecting the principle of equality and the right to litigation

The world of sports has witnessed great developments in its transformation from a hobby into a profession, and this has changed not only in terms of the game and sports activities, but also in terms of business and legal actions related to sports. With this change, many legal contracts have emerged in the world of sports, especially the game of football, including the professional sports contract. The sports agency contract, the player transfer contract, the professional player loan contract, and other sports contracts. Because all contracts or legal actions related to sports of its various types are of great importance and value, the professional football player loan contract has a lot of importance, especially after it arrived. The transfer value of professional players is to a degree that some clubs cannot pay, and on the other hand, because the loan contract is a temporary contract, so the club can ensure the player’s competence and protect the club from the risk of the player’s incompetence and success in performing his profession. In our study, we focused on the player loan contract. Professional football. Through his study, we tried to define this type of contract, explain its legal aspects, identify the parties to this contract, the obligations and their rights, interpret and analyze the laws on this subject to achieve the goal of the study.

Abstract The importance of this study stems from its consideration of a vital topic: ways to combat money laundering. This study highlights this phenomenon as a newly emerging crime, highlights the damages resulting from this dangerous phenomenon, and provides legislative and legal treatment for it at the national and international levels. This is due to the lack of clear agreement among various countries on a comprehensive concept of money laundering. Each country has defined the crime of money laundering according to its own unique definitions, consistent with its own needs. This is also due to the shortcomings and inconsistencies in legislative approaches to this serious crime.
One of the most important findings of the research is that despite international efforts to combat the crime of money laundering, it continues to be perpetrated on a significant scale in many Arab and Western societies alike. This necessitates more effective international efforts to eradicate this crime.

Elections are considered the primary means through which people participate in the management of their countries' public affairs, a right that is recognized as a fundamental human right for which nations have struggled across the world. In democratic countries, the right to vote is one of the most important political practices, as it is the legitimate method for transferring power from one individual or group to another.
Therefore, elections are not merely a legal procedure, but a tool for promoting transparency and accountability. They are an organized administrative and political process that allows citizens to run for public office and administrative positions. Elections grant citizens the right to choose and be represented through voting, enabling them to select the political leaders and parties they trust. They empower citizens to take part in the governance of public affairs, meaning that elections are a mechanism that gives people the opportunity to contribute to the formulation of public, economic, social, and educational decisions and policies.

International jurisdiction is one of the issues regulated by private international law, which represents the sovereignty of a state over its territory in determining the competent judiciary in disputes related to persons residing in the country. This is not limited to nationals only, but includes all nationals and foreigners residing in the country. The importance of this research lies in determining the jurisdiction of Iraqi and foreign courts over disputes arising within the country's territory. International jurisdiction is defined in relationships involving a foreign element, and determining what falls within the court's jurisdiction is the responsibility of the legislator. The legislative shortcoming in Iraqi law lies in the failure to define a specific law to regulate the jurisdiction of private international law in unified texts. Rather, this has been left to scattered laws, not regulated as defined by the Egyptian and Tunisian legislators.

Federal systems express the aspirations and needs of culturally heterogeneous societies, whether in terms of language, religion, race or sect. The federal state is based on two basic pillars, which are the federal government and the regional governments. Accordingly, the existence and formation of the region is the essence of the federal state. Referring to many countries that have adopted federalism for a long time, we find that they consist of more than one region. The United States of America consists of fifty federal units, and Iraq consists of one region, which is the Kurdistan Region of Iraq, and fourteen governorates that are not organized into a region. Accordingly, the basis on which the federal region is based has been the subject of controversy. Are they the ancient philosophical foundations, the theory of natural law, the social contract, the theory of self-determination, or the more controversial political foundations, such as cultural diversity, historical and geographical facts? What are the axes that were established by the Iraqi Constitution of 2005 and the Iraqi State Administration Law for the Transitional Period of 2004 regarding the formation of the federal region? There are other laws that we conclude from their induction that they stipulate the rights of the region. Federal Order No. 71 of 2004 and Executive Procedures Law No. 13 of 2008.

The mere enactment of the Iraqi Consumer Protection Law No. (1) of 2010 is insufficient to achieve its intended objectives unless its provisions are effectively implemented in practice, in a manner that enables society to perceive a tangible transformation between the pre legislative and post legislative stages. The success of the law hinges upon two fundamental factors: first, its capacity to address the specific issues for which it was promulgated; and second, the level of public awareness regarding the importance of enforcing its provisions.
Despite the proliferation of legislation enacted in Iraq after 2003, including this law, society has not witnessed any substantive impact due to the absence of judicial and administrative activation. Indeed, no judicial rulings have been issued applying its provisions, even years after its enactment, while consumer protection in Iraq continues to deteriorate. This reality reflects either a legislative deficiency in keeping pace with practical developments, or a lack of legal awareness among Iraqi consumers, who remain unaware of how to avail themselves of the protections afforded by law. Accordingly, diagnosing the sources of deficiency and proposing remedial mechanisms constitute the core problem addressed by this study and its principal objective.

The material traces that are left behind at the crime scene cannot be limited at all. Every crime has its own circumstances and effects, and the traces that benefit the investigation and help those conducting it to reach the truth are what belonged to the perpetrator, the victim, or the crime scene. During the commission of criminal behavior, some material traces may be left behind, especially (the trace of Hair), which is important in knowing the perpetrator, the victim, and the method of the crime committed. This can only be achieved by analyzing the hair sample according to some modern scientific techniques, the most important of which is DNA testing, as the results of the analysis and examination are of importance in criminal investigation and proof, especially since The criminal judge has wide discretion in weighing the legal value of the evidence. He chooses from the evidence presented before him in the criminal case the most appropriate evidence that is compatible with the criminal incident and is closest to reason and sound legal logic. He is free in his personal conviction to rely on the evidence that he is comfortable with, but this does not mean The judge rules according to his personal inclinations, but there are legal rules that he adheres to when issuing rulings of acquittal or conviction. However, he relies on the legal evidence that contains within it his decisive and certain force. Despite this, there is a discrepancy in the freedom of the judge's personal conviction. For example, we find it in Western countries. He is absolutely convinced of the results of laboratory analyzes and relies on them in issuing his rulings as evidence for proof or denial, while others in the Arab countries consider them only as evidence that does not rise to the level of criminal evidence and cannot be relied upon in issuing judicial rulings, as they must be supported by other criminal evidence that enhances their strength so that there is no room left. For doubt or doubt about the content of judicial decisions or rulings.

Disturbance is an act that has become a real threat to the peace and tranquility of society in general. Recently, and especially since 2003, Iraq has witnessed a radical change in the political process following the fall of the Iraqi regime. Democratic elections are now the only means of attaining power. The electoral process is usually accompanied by intense competition to win voters' votes and influence them through pre-election campaigning. In this context, this research attempts to review the impact of electoral propaganda on the peace and tranquility of society and the extent to which it causes public and private disturbance. This research aims to clarify the concept of disturbance during electoral campaigning, outline the legal requirements for criminalizing this behavior, and the effectiveness of penal provisions in reducing this phenomenon. It urges legislators to enact penal provisions that criminalize disturbance behavior in general, and during electoral campaigning in particular, whether in the Penal Code or in relevant special legislation.

This study aims to conduct a constitutional analysis of human rights, focusing on the right to engage in sports activities in Iraq. It assesses the extent to which this right is protected in constitutional texts and national legislation, comparing the existing situation with relevant international standards, particularly the International Covenant on Economic, Social and Cultural Rights and the Olympic Charter. The study adopted a descriptive analytical methodology, collecting data from legislative sources and legal documents, in addition to a field questionnaire directed to a sample of 120 participants comprising legal experts, academics, athletes, and officials in Iraqi sports institutions. The results showed that the Iraqi constitution addresses the right to engage in sports activities implicitly and indirectly, leaving legislative gaps that limit the guarantee of this right. It also indicated that institutional challenges, lack of funding, and weak infrastructure represent fundamental obstacles to its actual implementation. Furthermore, the study revealed a clear gap between Iraqi constitutional texts and international standards in this field, highlighting the need for legislative amendments and implementation mechanisms to bridge this gap. Based on these findings, the study recommended including an explicit constitutional provision guaranteeing the right to engage in sports activities, harmonizing national legislation with international standards, allocating sufficient funding, developing sports infrastructure and institutions, integrating sports into national development policies, and establishing independent oversight mechanisms for implementation

The issue of classifying the terrorist crime, or determining its nature, is among the most important topics in the field of legal studies, as it seeks to define the legal status of such crimes—specifically, whether they fall under one legal designation or another. This process, known in legal doctrine as “classification,” involves determining the legal framework to which terrorism belongs in order to establish its precise legal designation. In this context, legal scholars have expressed differing opinions: some consider terrorism a crime in its own right, with distinct elements that set it apart from other offenses; others view it as a motive behind the commission of a crime; while a third perspective regards it as an aggravating circumstance to a crime rather than an inherent element of it. At times, the term “terrorism” overlaps with other forms of violence that share certain characteristics but differ significantly in others, such as organized crime, political crime, armed popular resistance, and other offenses. Thus, defining the legal status of terrorist crimes helps to avoid unnecessary confusion with other crimes. Terrorism is a complex and intricate phenomenon, rooted in a dense web of various and interconnected causes, normally often difficult to define precisely in a way encompassing all the reasons and motivations underlying such acts. Such causes must be determined as the initial step in taking effective measures against terrorism, and its causes are to be ascertained as its consequences, since both of them are required to formulate sensible policies to counteract it and eradicate its roots.

The financing of terrorism is one of the most significant challenges facing the international community, as it poses a direct threat to international peace and security. To address and combat it, a comprehensive system of international agreements is required, most notably the 1999 United Nations Convention for the Suppression of the Financing of Terrorism, as well as UN Security Council resolutions such as Resolution 1373 of 2001.
In light of this, most national criminal legislation has included provisions criminalizing and combating the financing of terrorism as a separate crime. These laws have expanded to include both legitimate and illegitimate funds, requiring measures to freeze and confiscate these funds, and establishing mechanisms for judicial cooperation and information exchange.

The principle of judicial independence is one of the fundamental pillars of a constitutional state, as it serves as the primary guarantee for the protection and preservation of the constitution. This research aims to analyze the extent to which the judiciary in Iraq enjoys sufficient independence to effectively perform its role in safeguarding the constitution. The study focuses on the constitutional and legal framework regulating the judiciary, particularly the Federal Supreme Court, which is entrusted with constitutional interpretation and the review of the constitutionality of laws.The research explores the evolution of judicial independence in Iraq following the adoption of the 2005 permanent constitution, which introduced new principles of separation of powers and enhanced the judiciary’s role. It also identifies the challenges that hinder the realization of genuine judicial independence, including political interference, institutional weaknesses, and the ambiguity of certain legal provisions related to the appointment of judges and the functioning of the constitutional court. Furthermore, the study presents a comparative analysis with other countries that have well-established constitutional systems, in order to benefit from best practices in strengthening judicial independence., including constitutional amendments, institutional safeguards, and the elimination of political influence over judicial decisions. Such measures are essential for enabling the judiciary to fulfill its role in protecting the constitutional order.

Predictive AI techniques have become an integral part of modern forensic analysis systems due to their advanced ability to process vast amounts of complex data and link it to behavioral patterns that can indicate the likelihood of a crime, This type of analysis relies on the integration of several advanced technical fields, including machine learning, network analysis, spatiotemporal models, and natural language processing, to detect early indicators of criminal behavior.
The analysis shows that criminal behavior prediction systems are often built on historical data, including past crimes, travel patterns, criminal records, social interactions, and psychological and environmental factors. This data is used to train algorithms capable of predicting the locations of future crimes or the identities of individuals likely to engage in criminal activity.
This research confirms that forensic analysis of criminal behavior using predictive artificial intelligence is no longer just a futuristic theory, but rather a realistic tool used in many developed countries. However, its effectiveness requires balanced, transparent, and oversight-based implementation to ensure it does not become a means of unlawful surveillance or repression.

The legal regulation of school health is generally considered the legislative and administrative framework that determines the policies to which educational institutions are committed to ensure the health of pupils and students, as well as defining the roles between the Ministries of Education and Health, by providing a safe and healthy school environment in which periodic medical examination services, health awareness programs, and social and psychological support services are integrated However, the legal and realistic evaluation of a system of texts related to the concept of school health in Iraq reveals the opposite, as the legislative and factual gap is vast and indicates that there are several gaps that the legislator must address and fill.

The principle of legal security is one of the fundamentals of administrative law as it aims to achieve stability and confidence in legal transactions and ensure respect for the acquired rights of those contracting with the administration Given that administrative contracts are characterized by their independent nature, which grants the administration exceptional powers, the need has arisen to establish legal and procedural guarantees that ensure the contracting party's rights are protected and that balance is achieved between the public interest and the requirements for the continuity of the public service on the one hand, and the stability of the legal positions of individuals on the other.The research concluded that the legal security guarantees for the contractor with the administration are distributed over stages such as the pre-contracting stage, the contract conclusion stage, the implementation stage, and the dispute stage.
The study also concluded that these guarantees are based on the principle of legitimacy. Therefore, they are restricted by legal compliance with the provisions of the law, meaning that the administration's authority is not completely absolute.

This research aims to analyze the legal protection of minors from domestic violence in Iraq by reviewing the current legal texts, particularly the Iraqi Penal Code and the draft Domestic Violence Protection Law. It also explores the social, cultural, and economic factors that contribute to the persistence of this phenomenon, highlighting its psychological and societal impacts on minors. The findings reveal a clear legislative deficiency in protecting children within families, as well as weak community awareness, which necessitates the urgent enactment of special legislation and the activation of protection and psychological-social support programs.

In light of the rapid development of artificial intelligence technologies, individual data has become the fuel for these technologies, of which deep fakes are among the most dangerous. This is achieved by creating fabricated content that mimics reality with extreme accuracy, making it difficult for many to distinguish between what is real and what is fake. This causes significant harm to individuals, including defamation, blackmail, and fraud, which then extends to society as a whole, undermining societal trust in digital identity. In light of these threats, deep fakes have become an existential violation of personal data. Through them, technical networks are exploited to violate privacy through fake content that distorts facts. In the face of these challenges, administrative protection of this data from the dangers of deep fakes has emerged as a legal necessity. This approach combines strict legislation and the establishment of specialized institutions to protect data, while adhering to technical oversight on the one hand and imposing penalties by administrative authorities to ensure compliance and adherence to protection laws on the other. This embodies the principle of shared responsibility for protecting personal data among relevant authorities, including governments and institutions, to include individuals by spreading a culture of awareness. And media literacy and education on how to protect their personal data. Through this study, we shed light on administrative protection mechanisms that combine objective and procedural frameworks in order to bridge the gap between the digital revolution and the individual’s right to protect his personal data.

/ Judicial rulings cannot be enforced unless they have acquired executive force, whether the judicial ruling is subject to expedited enforcement by force of law, by court ruling, or by ordinary enforcement of judgments, after exhausting all avenues of appeal. The judge has discretionary power regarding the executive force of a judicial ruling through substantive enforcement, in which the judgment creditor is compelled to implement the contents of the judicial ruling, or through temporary enforcement, in which the judge has discretionary power to include the ruling in the expedited judicial enforcement, through temporary and precautionary protection to prevent harm to the judgment creditor.

Administrative contracts are closely linked to public funds. They either contribute to maximizing them by bringing in the necessary revenues to cover expenses, which result from the sale or rental of movable and immovable assets. Here, we must strive to obtain the highest-priced offers, taking into account the personal considerations of the contractor, which may be important in some contracts, especially rental contracts. Or they may contribute to reducing them in the form of expenses. Here, we strive to obtain the required commodity, service, or project at the best possible price and highest quality. Achieving this in both cases requires the effectiveness of the means used in announcing the invitation of the concerned administration to conclude these contracts, the effectiveness of the formulation and the data provided, in addition to ensuring transparency and integrity in other contracting procedures. In this research, we have demonstrated the most important of these means, their effectiveness, and their keeping pace with technical developments, in addition to the most important data that must and may be included in the announcement under Iraqi law. At the end of the research, we concluded with a set of conclusions and proposals that we hope will contribute to legal development.

E-commerce uses the Internet as a mean of conclusion transactions and contracts. Online consumer contracts are an international character and can raise the question of whether the traditional rules of jurisdiction can applied as standard to determine which court is competent to deal with disputes that may arise between the parties. This article is aimed to study the rules of jurisdiction in Iraqi Legislations (determining the competent court to deal with disputes in e-commerce contracts) and to analyze the extent to which such rules are protecting the consumer in this type of trade, by adopting an analytical approach based on analysis of the jurists of law on the jurisdiction, with the statement of opinion on the issue through research. The findings reveal that the rules of jurisdiction do not provide sufficient protection for the consumer in electronic commerce because of the nature of electronic transactions based on intangible data, and the jurisprudential and legal opinion is likely to adopt the criterion of the consumer's home as the weak party in the contract of consumer electronic commerce for the effective protection of the consumer in this type of contracts.

Economic rights are classified as second-generation rights that have received belated attention compared to civil and political rights (first-generation rights). However, contemporary states have begun to pay increasing attention to incorporating and enshrining economic rights and stipulating the legal and judicial frameworks for their protection. Despite the divergence in constitutional law doctrine regarding the extent of justiciability before courts concerning economic rights, the majority of comparative constitutional systems have guaranteed this right and granted individuals and institutions the right to litigate before courts to claim these rights. The judiciary in comparative countries has begun to address these claims, recognize these rights, and obligate the state to implement them at least to a reasonable extent commensurate with the state's resources, and to obligate it to develop a program for their implementation within the state's general budget for the minimum core of these rights.
Studies demonstrate that the legal reference framework for the protection of economic rights consists of international conventions and treaties regulating economic rights, as well as national legislations, foremost among them the constitution due to its supremacy over other legislations. Therefore, undertaking constitutional amendments in comparative countries that have not stipulated the supremacy of international conventions concerning economic rights over their national legislations remains an urgent necessity toward providing the necessary judicial and legal protection for economic rights.

The search for a framework to regulate domestic work represents a step-by-step approach to protecting domestic workers from exploitation, ensuring their rights to fair wages and comfortable working hours, in accordance with international standards. This framework contributes to the empowerment of women, whether as domestic workers who, as a result, provide protection from criminals and a source of income, or as working women who benefit from domestic services, enabling their participation in the labor market and promoting equality among companies. The research concludes that there is a specific and effective activity for women in producing social and economic products and participating in economic development.