Ninevah Journal for Legal Studies

Respecting parents is one of the highest human and religious values emphasized by Islamic law and positive laws, due to its great impact on building the family and society. The texts of Islamic law urge us to be dutiful to parents and be kind to them, and make this one of the highest forms of worship and obedience. Positive laws also came to enshrine this moral duty by regulating the duty of care, spending and respect, and criminalizing all forms of harm, neglect or insult. However, the phenomenon of disobedience to parents has begun to escalate in some societies, taking various forms ranging from verbal and physical abuse, neglect and failure to provide maintenance. This represents a moral deviation that threatens the entity of the family and society, and calls for a reconsideration of the effectiveness of legal criminalization in confronting this phenomenon, as it leads to the erosion of family ties, an increase in domestic violence, the spread of psychological disorders and the lack of social security. When the rights of parents are wasted, what remains of the system of moral values is exposed to collapse. The role of the law must be activated and reinforced with religious and moral culture through educational, media and religious institutions. Protecting parents from disobedience Their parents are not only an individual responsibility, but rather a legal and moral obligation that falls on the state, the individual, and society to ensure the preservation of their dignity in old age and to repay the favor of those who spent their lives raising their children.

The legal reasoning for the decisive decisions made by the bailiff in the execution file is no less important than the reasoning made by the civil judge when considering the civil case. The reasoning is the statement of the legal and factual arguments and justifications on which the bailiff based his decision in the execution file, by identifying and stating the logical and legal reasons that prompted him to make the decision affecting the legal positions of the parties to the execution file, whether creditor or debtor, in a way that achieves legal security for the concerned parties. The absence of those reasons in those decisions makes them defective and invalid and subject to annulment and reversal by the Court of Appeal, as the case may be.

Research Idea: The concept of this research is based on examining the plea of inadmissibility of the action as one of the most significant procedural mechanisms aimed at excluding a claim from judicial consideration whenever one of the conditions for its admissibility is lacking. The study focuses on determining the legal nature of this plea and clarifying its position within the system of procedural defenses, in light of the doctrinal and legislative divergence regarding its classification and legal effects.
Objectives: This research aims to clarify the legal concept of the plea of inadmissibility of the action, analyze its legal nature, and examine the position of Yemeni legislation and comparative legal systems in this regard. It further seeks to elucidate the effect of a judgment upholding such a plea on the court’s jurisdiction and the extent to which it exhausts that jurisdiction, with a view to presenting a scholarly perspective that contributes to unifying the legislative and doctrinal understanding of this plea.
Methods: The research adopts a descriptive, analytical, and comparative approach by analyzing the relevant legal texts in Yemeni law and comparative legal systems, reviewing doctrinal opinions and judicial precedents, and employing the comparative method to highlight points of convergence and divergence, thereby achieving a more precise understanding of the legal nature of the plea of inadmissibility of the action and its procedural effects.
Results: The research concludes that the plea of inadmissibility of the action constitutes an autonomous legal system that does not fall entirely within either formal or substantive defenses. It further finds that a judgment upholding the plea due to the absence of standing or interest does not result in the exhaustion of the court’s jurisdiction, whereas a judgment based on a negative ground—such as res judicata or the extinction of the right—constitutes a final determination of the dispute and exhausts the court’s jurisdiction.
Conclusion: The research underscores the importance of the plea of inadmissibility of the action as an effective tool for rationalizing judicial proceedings and preventing the abuse of the right to litigate. It emphasizes the necessity of legislative intervention to unify the prevailing approach and to dispel ambiguity surrounding the legal nature and effects of this plea, thereby enhancing judicial stability and achieving procedural justice

Research idea revolves around studying the right to litigation as a fundamental constitutional right that guarantees the protection of individual rights and preserves the stability of society. It presents the legislative foundations of this right in Arab constitutions, particularly the Iraqi and Egyptian constitutions, explaining the technical, administrative, and procedural obstacles to its exercise. It also discusses ways to enhance this right by addressing legal restrictions and developing litigation mechanisms, especially electronic litigation.
Objectives: The research aims to demonstrate the extent of the Iraqi legislator\'s accuracy in preserving the right to litigation and protecting it from tampering and manipulation. This is because the judiciary and recourse to it are sacred rights, as they relate to the lives of people in general, not just litigants, since the stability of society is linked to the stability and organization of the lives of its members.
Methods: The comparative analytical approach was adopted by presenting the issue in constitutions and civil procedural laws and analyzing the texts to demonstrate the extent of their concern and precision in preserving and guaranteeing the right to litigation for all individuals without discrimination. We will rely on a comparison between the Iraqi Code of Civil Procedure No. (83) of 1969 (as amended) and the Egyptian Code of Civil and Commercial Procedure No. (13) of 1968, in addition to other laws for reference and the provisions of Islamic jurisprudence whenever necessary.
Results: The Right to Litigation: Litigation is a procedural right that entitles its holder to resort to the competent authorities that exercise the judicial function. Its legislative basis is found in constitutions, as they are what have organized human rights as constitutional legislation at the internal level of countries, despite their differences. Among the most important solutions for exercising the right to litigation optimally are: reconsidering the texts that prevent litigation and benefiting from the experience of electronic litigation.
Conclusion: The research concluded that the right to litigation and the general and specific guarantees for upholding this right are crucial, such as judicial independence, public hearings, the right to defense, and the right to challenge judges and review the relevant legal texts to establish effective protection of rights and achieve justice.

The Constitutional Judiciary constitutes the cornerstone guaranteeing the rights of all components of the Iraqi legal system, which is characterized by its diversity in terms of sects and ethnicities. It performs this role by monitoring the compatibility of legislation and procedures with constitutional provisions that enshrine the principles of equality and non-discrimination. Constitutional oversight is not merely a formal scrutiny, but rather a reliable guarantee that provides effective legal control, strengthening the supremacy of the constitution and preventing the abuse of legislative or executive power that could harm the rights of all components. The role of the Constitutional Judiciary extends beyond oversight of the constitutionality of laws to adjudicating disputes related to the rights of components and the balance of powers, as well as oversight of the actual implementation of legislation and procedures. This multifaceted oversight reflects the maturity of the Iraqi constitutional system and its commitment to the foundations of national unity based on justice and respect for diversity. Oversight mechanisms have diversified to include judicial oversight after the adoption of laws, oversight of constitutional disputes, and oversight of the application of laws, making the Constitutional Judiciary the most important authority in preserving the balance of rights and interests of various components within an integrated constitutional framework

Research Idea: Strategic litigation aims to give greater importance to cases brought before the courts and to encourage action by various parties concerned with the subject in order to harness and employ international judicial decisions to support cases larger than the level of individual cases being considered before the courts.
Objectives: The primary objective of this research is to delve into the understanding of the term \"strategic litigation,\" analyze its implications, identify its fundamental elements.
Methods: In this research, we adopted the analytical scientific method based on formulating basic hypotheses that serve the subject of analyzing the elements of strategic litigation, adapting this type of litigation, identifying the intellectual, legal, and judicial backgrounds that support its establishment, and studying the philosophy of this litigation in enforcing the rules of international human rights law.
Results: Strategic litigation is one of the most prominent newly developed international legal mechanisms that has become increasingly important in international legal relations. It acquires particular importance within the framework of international human rights law and is regarded as the most influential means of enabling international courts to play an effective role in engaging with issues of compliance with international obligations and in providing stronger guarantees for the protection of human rights and fundamental freedoms.
Conclusion: strategic litigation is a genuine approach to reconsidering traditional mechanisms for enforcing international human rights law. It is a legal and judicial method that has proven its efficiency in meeting the requirements of legal reform at the national and international levels.

In recent years, the world has witnessed a significant increase in arms trafficking, driven by the growing demand for weapons in areas of armed conflict, as well as by the weakness of legal systems in certain states that lack the capacity to effectively control borders or enforce laws. Consequently, arms smuggling has been facilitated across borders through various means, including maritime, aerial, and land transportation. Traffickers often employ innovative methods to evade customs and security surveillance, thereby complicating efforts to combat this crime.
Arms trafficking is not merely a transnational crime; it represents one of the covert dimensions of the global arms trade, intersecting with numerous political, economic, and social issues. This form of trafficking undermines public order and directly impacts the economy, as it contributes to financing unlawful armed groups operating outside the framework of the law. Furthermore, the proliferation of weapons leads to heightened violence and crime within local communities and poses a serious threat to domestic security and stability.
Accordingly, the importance of analyzing the crime of arms trafficking becomes evident, as it serves as a fundamental entry point for understanding contemporary security challenges and the strategies for addressing them. Such analysis requires an examination of the definition of the crime and the essential elements that constitute it, along with a study of the relevant national and international legal frameworks. It is also necessary to highlight the characteristics that distinguish this crime from others and to assess the legal sanctions prescribed for its perpetrators, to support efforts to combat arms trafficking and mitigate its adverse effects.

Research Idea: The topic of termination of employment is of great importance in Iraqi administrative law, due to the legal and administrative consequences that affect the stability of the employment system and the rights of employees alike. Furthermore, Iraqi legislation, particularly the Civil Service Law No. (24) of 1960 as amended, and the State and Public Sector Employees Discipline Law No. (14) of 1991, has addressed the cases and methods of terminating this relationship, whether naturally, such as referral to retirement, or unnaturally, such as resignation, dismissal, termination, and others.
Objectives: The objective is to explain the provisions for the termination of employment in Iraqi legislation, and to identify the legal consequences resulting from the decision to terminate employment temporarily and permanently, as stipulated in the provisions of the Civil Service Law No. (24) of 1960 as amended, the State and Public Sector Employees Discipline Law No. (14) of 1991 as amended, and the Unified Retirement Law No. (9) of 2014.
Methods: We adopted the descriptive analytical approach by analyzing and explaining the various legal texts related to the subject of the study, and by stating the different cases in which this employee\'s relationship with the administration ends, and describing the necessary consequences of the termination of this relationship.
Results: The termination of the employment relationship is either natural, such as in the case of death, retirement, or voluntary resignation, or it is an unnatural termination when the administration is required to intervene by issuing a decision to dismiss the employee or terminate his services during the probationary period, or to dismiss or remove him. The formal (voluntary) resignation is a right granted to the employee by the employment laws.
Conclusion: The research concluded that the employment relationship between the employee and the administration is not an eternal relationship, but rather it has an end as well as a beginning, even if those ends differ according to what has been determined by employment legislation in the countries compared or in others, and each case of termination of the relationship has its controls, conditions and different effects.

Research Idea: This research focuses on the importance of dumping due to its clear impact on the economies of both countries, whether they are the dumpers or the victims. This study attempts to shed light on dumping and its international control mechanisms through international agreements, as commercial transactions necessitate specific and unified rules to address disputes arising between countries due to dumping.
Objectives: This research aims to highlight the Anti-Dumping Agreement and the Iraqi Law for the Protection of Products No. (11) of 2010, identifying their procedures for combating dumping, determining the legal procedures followed regarding dumping, and exploring how these procedures can mitigate it.
Methodes: The research employs an inductive approach to arrive at conclusions, as well as comparative and analytical methods. This necessitates an analysis of the texts of international agreements and relevant national legislation. Results: We reached several conclusions, including that the authorities of countries where dumping is occurring cannot apply anti-dumping measures until they have verified and confirmed the existence of dumping. They cannot initiate an investigation until certain conditions are met. Investigations in dumping cases are similar to judicial investigations, with the plaintiff being the domestic industry and the defendant the foreign exporting companies. This is because commercial dumping has a negative impact on domestic industries, which are the cornerstone of economic development.
Conclusion: The problem of commercial dumping is one of the most difficult problems facing countries worldwide, especially developing countries. Commercial dumping poses a significant threat to the national economy because it leads to the closure of local factories, a decrease in their production capacity, an increase in unemployment, and the smuggling of foreign currency out of the country, ultimately destroying the economy. Addressing dumping requires the application of the rules of the General Agreement on Tariffs and Trade (GATT).

This commentary addresses Federal Court of Cassation Decision No. (331/Civil Authority/2023) concerning compensation for delays in the fulfilment of electronic obligations arising from contracts entered into via digital platforms. The commentary aims to clarify the legal basis for the liability of electronic service providers in cases of unjustified delays, and to analyse the Iraqi judiciary\'s position on the exemption clauses contained in platform contracts, highlighting the role of the Electronic Signature and Electronic Transactions Law No. (78) of 2012 in regulating electronic obligations and the extent to which it is integrated with the general rules of civil liability in Iraqi civil law.

This book addresses one of the most complex and sensitive issues in contemporary Iraqi constitutional law, namely the interpretation and application of Article 2 of the 2005 Constitution of the Republic of Iraq by the Federal Supreme Court. This article uniquely combines three supreme constitutional elements: the Islam's Settled Rulings, the principles of democracy, and fundamental rights and freedoms, placing them on an equal footing in terms of constitutional value. This unprecedented constitutional structure has given rise to profound theoretical and practical challenges in the field of judicial review of the constitutionality of laws.
The importance of the book stems from the fact that it does not view the issue as a linguistic ambiguity in the constitutional text or the result of a circumstantial political compromise, but rather treats it as a crisis of judicial interpretation that requires the reconstruction of constitutional jurisprudence tools, rather than settling for partial readings or stopgap solutions.

Objectives of the study: This study aims to achieve a number of scientific objectives, most notably: 1. Analyzing the concept of the enforceable form of arbitration awards from a strict legal perspective. 2. Assessing the impact of the enforceable form on the effectiveness of the enforcement of arbitration awards and the protection of the acquired rights of the parties. 3- Proposing legal solutions and reforms that would enhance the role of the enforcement clause in line with the development of international arbitration. Study
Methods: The study relied on a legal analytical approach supported by theoretical and philosophical comparison, through: 1- Analyzing relevant legal texts and international agreements, foremost among which is the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. 2- Studying and analyzing French case law and some comparative systems. 3- Comparing different jurisprudential trends related to the functions of the enforcement clause and its role in international arbitration.
Results: The study concluded with a set of important results, most notably:
1- The enforcement clause is not a purely formal procedure, but rather a legal tool with multiple functions aimed at achieving a balance between the effectiveness of arbitration and judicial review. 2- There is a clear discrepancy in the application of the enforcement clause within the French judiciary compared to some other systems, reflecting differences in legislative and judicial policies.3- There are still legal and practical constraints that prevent full harmonization between the national and international systems in the area of enforcement of arbitral awards.

Research Idea: this research is concerned with studying the nullity or annulment of the contract, in conformity with the new French law of the contract, issued according to the ordinance n° 2016-131 dated February 10, 2016 concerning reforms of the law of contract, general regime and proof of obligations. The nullity of the contract is categorized into absolute and relative nullity. The same is true for the Iraqi civil law No. (40) of 1951 which regulated also the nullity of the contract. But neither did the Iraqi law adopt the dual classification of the nullity, nor did it embrace the notion of the relative nullity. Rather it adopted the notion of the suspended contract. Because of being influenced by the Islamic jurisprudence.
Objectives: The benefit of the Iraqi civil law from the principle of the enforceability of the confirmation of the null and void contract by relative nullity only against the parties confirming it, in the case of the multitude of the parties entitled to bring an action or file the annulment lawsuit. And the unenforceability of the contract against the remaining parties entitled to bring the action, who retain their rights of setting up the action of annulment.
Methods: This study has adopted the analytical comparative research methodology of legal research.
Results: The above-mentioned principle is the most important finding the study has reached.
Conclusion: The research emphasizes the importance of the principle of the enforceability of the confirmation of the null and void contract by relative nullity only against the parties confirming it.