Albayan University Journal for Legal Studies and Research

The subject of alternatives to aviation insurance has increasingly attracted attention in legal scholarship and practice, due to the distinctive nature of civil aviation and the exceptional risks it entails, which often exceed the limits of traditional insurance coverage. While insurance remains the primary mechanism for addressing liabilities arising from aviation operations, exclusive reliance on it may prove inadequate to compensate for damages affecting passengers, third parties, and property on the ground. This study examines the limitations of sole dependence on insurance and investigates the role of alternative legal and financial instruments in establishing a comprehensive framework capable of managing aviation risks, thereby enhancing confidence in the air transport sector and ensuring broader protection for affected parties.

A new form of prevention against unknown or uncertain risks has been developed to protect the environment, which is known as the precautionary principle, It is a preventive principle that aims to take precautionary measures to avoid potential environmental damage, According to the principle, the absence of scientific certainty about the possibility of damage occurring should not be used as a pretext to postpone taking preventive measures to protect the environment, therefore the element of the absence of scientific certainty is the basis for the application of the precautionary principle, and the principle has been associated with it since its adoption in German law, until it became one of the important principles in international environmental law. the precautionary principle enables authorities to take precautionary measures by controlling the pre-harm situation when it is scientifically reasonable but not certain that an activity, technology or new product may cause harm. Based on the above the precautionary principle undoubtedly contributes to achieving the goals sustainable development by preserving the rights of future generations to live in a safe environment. this research attempts to clarify the concept of the precautionary principle, the conditions for its application, the extent of its enshrinement in international agreements and domestic legislation, the position of international judiciary in it, and its relationship to sustainable development.

It is well-established that the will (intent/volition) plays a fundamental role in the provisions of criminal law, both substantive and procedural, whether pertaining to the perpetrator or the victim. It is initially presumed that the will is sound, free, and devoid of defects, thereby rendering it effective and capable of producing the legal consequences prescribed by law. However, this will may be subject to certain vices of consent (defects) that compromise its integrity, either nullifying it entirely or diminishing its legal weight. In such instances, the legislator tends to "withdraw confidence" from it—so to speak—rendering it an ineffective will, incapable of producing the intended legal effects.
Duress (or Coercion) is considered one of the most prominent defects affecting the will. It consists of the unlawful pressure exerted by an individual through the use of coercive means that influence the will of the subject, compelling them to commit an act or an omission against their free choice. Consequently, this results in the total negation of the will or the paralysis of the freedom of choice, whereby the person under duress becomes a mere instrument in the hands of the coercer, forced to engage in the conduct dictated by the latter

To explore the possibility of resorting to amicable means for resolving disputes arising from foreign investment contracts under Iraqi legislation, represented by negotiation, conciliation, mediation, and technical expertise, it is imperative to examine the national legislation issued by the federal authority and the regional legislation issued at the level of the Kurdistan Region, which permit the use of amicable means as a method for settling foreign investment disputes prior to resorting to judicial mechanisms, such as arbitration and litigation. The legal basis for the amicable settlement of foreign investment disputes is not limited to national laws enacted by the competent legislative authority but extends to include international treaties concluded by the Iraqi state in the field of investment. These treaties may be bilateral or multilateral, and in both forms, a treaty represents the highest expression of the will of two or more states to foster economic, commercial, or investment cooperation. Such treaties serve as a prominent model for establishing legal rules governing international relations, whereby disputes between the parties are resolved by applying their provisions and achieving their objectives.

In recent decades, the world has witnessed a remarkable development in investment frameworks, characterized by their practical nature and precise legal organization through well-structured contracts that clearly define the rights and obligations of the parties. Among the most significant of these contracts is the crude oil investment contract, due to its major economic role in revitalizing the oil sector, particularly in light of the increasing global demand for petroleum products and the inability of state-owned refineries to meet such demand. Hence, the need arises to examine the legal framework of crude oil investment contracts and to clarify their nature and legal provisions.

This research addresses the topic of “the applicable law to intangible assets”, with a focus on intellectual, industrial, and commercial property as key examples of such assets. The significance of this subject has grown in light of digital transformation and technological advancement, as intangible rights—such as patents, trademarks, and copyrights—have become major components of modern wealth, which has complicated the task of determining the applicable law in cases of legal disputes.
The study begins with the premise that the lack of a tangible existence for these assets makes it difficult to apply traditional conflict of law rules, thus requiring the development of specialized connecting factors suited to their unique nature. The research is divided into two main parts: the first explores intellectual property, distinguishing between published works, which are governed by the law of the country of first publication, and unpublished works, for which legal opinion is divided between applying the law of the judge or the law of the author’s nationality.
The second part focuses on industrial and commercial property, noting that the prevailing view in legal doctrine is the adoption of the territoriality principle, whereby the applicable law is that of the country where the right is registered or exploited. The study also addresses the conflict of international agreements—especially between the TRIPS Agreement and other conventions—and highlights the role of the Vienna Convention in resolving such conflicts.
In conclusion, the research finds that Iraqi legislation still requires comprehensive development in this field, particularly in regard to digital intellectual property. It recommends the drafting of a unified law and calls for Iraq’s accession to relevant international agreements, along with the adoption of modern principles such as the reversal of the burden of proof and the principle of international exhaustion, in order to ensure effective protection of these rights.

This research explores the intricate relationship between artificial intelligence technologies and international humanitarian law, with a particular focus on international criminal responsibility arising from their use in armed conflicts. In the context of rapid digital transformation, AI systems have become integral to military operations, raising profound legal and ethical challenges regarding their compatibility with core principles of international law, such as distinction, proportionality, and accountability. The study addresses the central issue of the absence of a clear legal framework that defines criminal responsibility for crimes committed by intelligent systems without direct human intervention—an ambiguity that threatens the effectiveness of international justice and weakens the capacity of courts to enforce accountability.
Through critical analysis of traditional legal concepts, the research reexamines them in light of technological developments, highlighting the difficulties faced by international criminal tribunals in establishing intent, knowledge, and control in non-human contexts. It also underscores the broader implications of such responsibility, including its impact on legal deterrence, the redefinition of agency and sovereignty in international law, and the ethical reconsideration of justice in the digital age. The study proposes a theoretical framework for expanding accountability to include designers, operators, and developers, ensuring that human oversight remains central to decision-making and that technology does not become a shield against prosecution.

he pharmacy profession is considered one of the most important medical professions, due to its unique character, which places it in direct contact with human health and safety. The pharmacy profession serves as a link between physician and patient, given the pharmacist's expertise in providing treatments, medications, and medical preparations, their preparation methods, and the legally specified dosages. The pharmacist's role also highlights his role in alerting the physician to any discrepancies in the prescription given to the patient. This has compelled the legislator to intervene by establishing legal rules and instructions regulating the pharmacy profession. These laws regulate the work of pharmacists and define the limits of their jurisdiction based on the license granted by the legislator.

The rules of engagement contribute to influencing the attitude and actions of individuals during military operations by preventing unjustified escalation of violence and protecting civilians, and the publication of these rules is of great importance as all other mechanisms are doomed to failure if they are not accompanied by preventive mechanisms as mechanisms prior to entry into military operations and the extent of their impact on the behavior of members of the armed forces and how to deal in military operations, and at the same time these preventive mechanisms show how to deal with civilian personnel before and during armed conflict, Through these measures, respect for human rights is strengthened and confidence is built between the military forces and members of society, as well as preventive mechanisms are necessary to maintain security and stability to prevent hostile clashes that negatively affect humanity and work to develop the rules of international humanitarian law.

Sustainable Development Bonds (SDGs) are a modern financial innovation representing an equal-value debt instrument issued by governments and corporations to finance projects with a dual positive impact—environmental and social—in line with the Global Sustainable Development Goals. These bonds share similarities with other securities; however, they are distinct due to a legal commitment to exclusively use the proceeds to finance sustainable projects. This necessity demands a high level of transparency, particularly concerning the preparation of periodic reports on the achieved environmental and social impact. Despite their novelty, their importance is not limited to providing a massive source of funding for infrastructure and development projects. It also extends to attracting a broader base of investors interested in Environmental, Social, and Governance (ESG) criteria, enhancing the institutional reputation of issuers, and supporting the economic transition towards more sustainable pathways. These bonds derive their philosophical foundation from the United Nations Sustainable Development Agenda, which makes them broader in scope and more comprehensive than Green Bonds, which focus solely on the environmental dimension. To ensure their credibility, these bonds are subject to strict international standards related to the mechanism for project selection, the management and tracking of proceeds, and the preparation of impact reports.

This research aims to shed light on the principle of procedural integrity as one of the fundamental principles that ensures the integrity and effectiveness of judicial procedures and strengthens the parties' confidence in the justice system. The research is divided into two main sections: The first section addresses the concept of procedural integrity by reviewing various jurisprudential and judicial definitions, and by explaining its legislative and philosophical roots. In this context, the ethical and legal basis of this principle is highlighted, as an extension of the principle of good faith in legal relations, and a source of commitment to fair and balanced conduct during the course of a lawsuit. The second section is devoted to examining the position of legislation on the principle of procedural integrity, addressing how this principle has been adopted in each of the Latin systems, which tend toward strict legal regulation and formal procedures. and the Anglo-Saxon systems, which rely more heavily on case law and court discretion. Comparative analysis has revealed differences in style and unity in substance, as both schools seek to uphold procedural integrity as a prerequisite for achieving justice and protecting the principle of equality between adversaries. In conclusion, the study concluded that this principle must be strengthened in all legal systems, considered one of the pillars of a fair trial, and called for its codification more clearly within contemporary procedural legislation.

The function of administrative control is one of the essential tasks of the state, contributing to the maintenance of public security and societal order, especially in the face of health challenges such as the spread of infectious viruses. Administrative control aims to protect public health and prevent chaos, which is crucial for creating a stable and balanced community. The COVID-19 pandemic serves as a poignant example of the need for administrative control.

The legal status and specific protection of hospitals under the international humanitarian law (IHL) in light of the Israeli military campaign against Gaza Strip as from October 2022 is addressed by this study. Based on an extensive legal survey and collection of case studies—of attacks launched against civic targets, including Al-Ahli Hospital, Al-Shifa (Suleiman Yousef Eye Clinic), Kamal Adwan Hospita—the article evaluates whether those attackshave complied with the principles that regulate distinctionproportionalityand military necessity. The findings all point to an undeniable trend of intentionally targeted attacks against medical facilities and professionals, in which the justifications for the military usage claims have not been supported by independent confirmation nor reached IHL’s high threshold that is necessary for protected status withdrawal. These measures have led to disastrous humanitarian effects, the implosion of Gaza\'s medical services and may already be in violation of Geneva Conventions -- as well as potentially constituting war crimes under the Rome Statute. The paper also examines the international reaction, stressing that accountability mechanisms have been paralysed and there exists a contradiction between legal prohibitions on genocide through domestication in national law and lack of enforcement. Ultimately the research finds that targeting hospitals in Gaza is a significant crisis for international law, and an urgent need to establish accountability processes – which are high-impact of sufficient deterrence value - exists in order to rebut the narrative surrounding impunity, thus allowing medical provision across times of conflict.

This study analyzes the substantive and procedural legal framework for the protection of personal communications under both Iraqi and Egyptian legislation. The study highlights that the right to privacy, while a fundamental and constitutionally guaranteed right, is not absolute and can be restricted by strict legal controls in the service of the public interest.The study addresses forms of assault on personal communications, such as illegal wiretapping and recording, and compares the legal texts that criminalize these acts in both countries. It also focuses on the necessary legal safeguards for the legitimacy of infringing upon the secrecy of communications, such as the requirement for a time-bound judicial warrant, which is considered a crucial guarantee to curb the abuse of power..The study concludes that criminal evidence obtained through illicit means is considered void, and this nullity is not limited to the original procedure alone but extends to all subsequent procedures resulting from it. Finally.