Journal of Juridical and Political Science

International law has entered a new phase in which it is no longer limited to regulating bilateral international relations based solely on the rights and obligations of states. It has moved beyond narrow individual interests within a bilateral framework to collective interests that aim to achieve the common interests of the international community as a whole. The objective framework for public interest litigation is represented by obligations towards all that must be fulfilled at the international level. The importance of the subject matter of public interest litigation stems from the importance of the rights it protects, which are considered to be the common interest of the entire international community. However, the acceptance by international courts of public interest claims without procedural controls to regulate them may lead to them receiving a large number of claims that are difficult to resolve.

We adopted a descriptive and analytical approach in our study of the subject matter and arrived at a number of conclusions, the most important of which are as follows In dealing with public interest cases, the International Court of Justice has adopted a cautious approach based on the procedural aspects of bringing a case, such as the requirement of a prior multilateral agreement on the occurrence of a violation. on the substantive issues that constitute the core of the right protected by the public interest case, which is of high importance to all States. Furthermore, the International Court of Justice can consider the subject of public interest through the advisory opinions it issues, but it does not directly resolve the dispute as in the case of jurisdiction to adjudicate the case.

The auditor is considered one of the fundamental pillars of the modern economic environment, as they play a crucial role in enhancing confidence in financial reports and protecting the interests of related parties, whether the contracting client or third parties affected by the outcomes of their work. This research aims to examine the legal obligations imposed on the auditor toward the client on one hand, and toward third parties on the other, in light of national laws (such as the Iraqi Civil and Commercial Codes and Companies Laws), and to compare them with certain comparative legislations, such as the French and Egyptian systems.

The study also seeks to clarify the legal nature of the relationship between the auditor and the client: is it purely contractual in nature, or does it entail a special type of professional obligation? Moreover, can third parties hold the auditor liable based on tort rules if damage occurs due to the auditor’s fault or negligence?

This research adopts a comparative analytical approach through the analysis of relevant legal texts, judicial precedents, and doctrinal opinions. The study concludes that the auditor’s obligations are no longer confined to the contractual relationship but extend, in specific cases, to third parties. This expansion imposes precise professional duties and responsibilities on the auditor, requiring a high level of caution and professional integrity. The research recommends the unification of legal provisions governing these responsibilities and the expansion of legal protection for affected third parties, to achieve a balance between the auditor’s professional freedom and their legal accountability.

The digital revolution witnessed worldwide has enabled the integration of artificial intelligence with physical entitles, yielding machines of an inherently intelligent nature that challenge the traditional rules of producer liability for defective products as set out in the 1985 European Union Product Liability Directive which the French legislator laid down specific rules for the manufacturing entity under Consumer Protection Law No.1 of 2010. This research aimed to analyze the liability riles contained in the aforementioned laws using a comparative analytical approach to assess their suitability for the digital era. the study reached several findings, most notably the inability of the existing's defective products liability framework to compensate for damages caused by intelligent machines, which led the European Legislator to introduce a new directive aligned with the unique characteristics of these devices. The Iraqi Consumer Protection Law was found to be marked by ambiguity regarding the basis of producer liability. The Research concluded with a recommendations that the Iraqi legislator draw on the European experience under the amended Product Liability Directive, given that it constitutes a modern law that keeps pace with the digital revolution , ensures consumer protection, and facilitates the advancement of technological progress.

Although international humanitarian law has established many binding legal principles, some of which relate to methods of protecting victims of armed conflicts through the principles of humanity and distinction, and others relate to methods of combat through the principles of military necessity and proportionality, these principles are subject to violation in every international or internal armed conflict as a result of the desire of all parties to achieve victory in light of the public’s ignorance of the aforementioned principles that guarantee them protection, this is where the media’s role comes in disseminating them through its visual, audio, or electronic means, in addition to assisting international humanitarian organizations such as the Red Cross in fulfilling their duty to implement the principles of international humanitarian law, as well as documenting violations of those principles, which helps in revealing the facts, in light of the many challenges and risks that hinder the performance of this important role of the media, and the necessity of addressing them to ensure the protection of journalists, promote freedom of expression, and provide accurate and reliable information to public opinion and the national and international judiciary.
Disseminating misleading information is a crime under national and international laws, as it leads to the commission of extremely serious crimes, it is also an independent crime in itself when it causes moral and material damage that may reach the level of an international crime.

This topic examines the relationship between a public employee's commission of a criminal act and the continuity of their relationship with the state. Criminal acts in public office are considered more serious than ordinary crimes because they affect the integrity of the public service and threaten society's confidence in the administration. Iraqi law provides for dual penalties, including criminal penalties decided by the judiciary and administrative or disciplinary penalties imposed by the competent authorities, which may reach dismissal or termination by force of law in some cases. The laws also specify the bodies authorized to investigate public employees, to ensure that the truth is revealed and the employee's rights are respected. Iraqi law focuses on the balance between protecting the public interest and preserving the employee's rights, while emphasizing the need to enhance integrity and transparency in public office.