AL-ANBAR University Journal of Law and Political Sciences

Liability generally represents a penalty for a person's violation of one of the duties incumbent upon them. These duties are either legally derived duties or duties imposed on the person by society as a being living within it. Therefore, the compensation resulting from such a liability is an effect of this liability. Damage, also known as harm or injury, constitutes a fundamental element of the obligation to compensate. Compensation stands out as an important effect of liability in all its forms, and its goal is to place the person in the position they should be if the debtor had fulfilled their obligation in the normal or customary manner. Despite the stability of the rules or provisions relating to compensation in the laws over the decades, the focus is on developments in compensation provisions. What is their impact on the amount of compensation arising from civil liability?

This research is concerned with the statement of the impact of alimony in the inheritance of females innervated males with the inheritance of the spouses. For this purpose, the research is divided into two sections; the first section deals with the statement of the types of heirs and the extent of their entitlement to alimony, We talked about the inheritance of the owners of the duties and the league and we mentioned their estimated shares briefly, as well as we talked about inheritance by innervation, especially the league with others, where females inherit innervated males according to the rule (for the male such as the luck of the females) and that in the first requirement. The second requirement we have defined alimony and its types in Sharia In Iraqi law, we devoted the second section to show the impact and role of alimony in determining inheritance shares, as the alimony in the social and family system flips the scales in the division of inheritance and that it has a significant impact on the estimation and proportion of female inheritance (sister, daughter, mother and wife) when she inherits according to the rule (League of others), and since the alimony has a strong relationship with inheritance when a woman guarantees a full guarantee, her share in the inheritance decreases by the amount and strength of her guarantee, and wherever women ensure a relative guarantee, taken with a degree of a percentage of half Her brother's inheritance and when there is no one to shelter and support her, her share of the inheritance increases considerably.

The clauses included in the oil service contract prevent the Iraqi judiciary from considering the disputes that may arise because of it, as the parties have adopted a set of amicable mechanisms to resolve the dispute, away from the courts, relying on the permission stipulated in the Iraqi legal system, which accepts the agreement of the two parties to determine the mechanisms they deem appropriate to resolve the disputes that arise between them on the occasion of implementing the international contract, at a time when it is assumed that the Iraqi judiciary is the one with jurisdiction to consider the disputes, or at least the one with the reserve jurisdiction to consider the dispute or the neutral party supporting the resolution of the dispute, due to its possession of the authority to take temporary or urgent measures that contribute to resolving the dispute, but in the end the jurisdiction to consider the disputes was vested in a foreign institutional arbitration body, and the arbitration headquarters is foreign, which made the jurisdiction of the Iraqi judiciary in this area within the narrowest limits, which is what this study was based on clarifying, and identifying the sources of this jurisdiction within the framework of what the Rumaila oil contract included in terms of clauses and provisions in this regard

This research examines the concept of intelligent monitoring of criminal behavior in correctional facilities as a modern application of artificial intelligence and digital analysis in the criminal field. It aims to shift from traditional methods based on direct human supervision to proactive models capable of analyzing inmate behavior and predicting criminal risks before they occur. The research is based on the premise that the development of intelligent technologies, particularly algorithm-enhanced monitoring systems, behavioral data analysis, and the identification of unusual patterns, can effectively contribute to reducing violence within correctional facilities, enhancing their security, and achieving a more disciplined rehabilitative environment.
The research focuses on establishing the legal framework for intelligent monitoring and outlining its legislative foundations, while analyzing the legitimacy of employing these technologies under constitutional principles, particularly those protecting the fundamental rights and freedoms of inmates, most importantly the right to privacy and human dignity. The research also examines the application of smart monitoring in correctional facilities, whether through inmate surveillance, predicting potential crimes, or supporting security and administrative decision-making. It highlights the positive impacts, such as increased efficiency in correctional management and improved human resource management, while also addressing the potential negative effects and legal and ethical challenges.
The research concludes that a delicate balance must be struck between the requirements of security and discipline within correctional facilities and the guarantees of human rights. This requires a clear legislative framework and effective legal oversight of the use of smart monitoring technologies, ensuring that the rehabilitative purpose of punishment is achieved without infringing upon the rights of inmates.

Juvenile delinquents are considered individuals who have not reached the age of majority, which requires special legal protection for them. The study of procedural provisions relating to juveniles aims to ensure that they are treated fairly, as they should not be subject to the criminal provisions applicable to adults. The procedures followed in their regard should be flexible and compassionate, in line with the nature of their age and their special circumstances. In addition, the study aims to identify the concept of preliminary investigation and its importance in juvenile cases, and to identify those who carry it out, and to identify the most important procedures taken against the juvenile delinquent. The Juvenile Care Law did not provide an integrated system of investigative procedures necessary to investigate juvenile cases, and despite the text of Article (108) of the Iraqi Juvenile Care Law on the application of the provisions of the Code of Criminal Procedure in matters not provided for in the Juvenile Care Law, this study relies on the analytical approach by studying and analyzing the provisions of the Juvenile Care Law No. (76) of 1983, with reference to legal references, opinions of jurists and judicial decisions related to the procedures followed in the preliminary investigation, with the aim of removing the ambiguity surrounding some provisions.

This research is devoted to studying the provisions of the destruction of the property in suspended contracts, through defining suspended contracts and stating the cases that lead to the suspension of the contract, then after that stating the provisions of the destruction of each case that leads to the suspension of the contract due to the lack of capacity, such as the voluntary act and the agent exceeding the limits of the agency, as well as a defect in consent, through explaining the provisions of the destruction of the property in coercion or error and deception, then a deficiency in capacity, concluding what this research has reached with what these legislative texts have established and stating the cases of legislative shortcomings in them, and reaching the appropriate recommendations to develop Iraqi civil legislation regarding the cases of destruction in it. This research is divided into an introduction, two sections, and a conclusion. In the first section, we show the provisions for the destruction of the property in a suspended contract due to the lack of capacity. It is in turn divided into two requirements: the first is the provisions for the destruction of the property in a suspended contract concluded by a busybody. The second is the provisions for the destruction of the property in a suspended contract due to the agent exceeding the limits of the agency. The second section is entitled the provisions for the destruction of the property in a suspended contract due to a defect in consent. It is also in turn divided into two requirements: the first is the provisions for the destruction of the property in a suspended contract due to coercion or error, and the second is the provisions for the destruction of the property in a suspended contract due to deception or lack of capacity. The conclusion includes the conclusions and recommendations in it.

The commercial store is the means through which the merchant carries out their business in order to achieve profit, as it is a legally recognized entity combining both material and moral elements for the purpose of conducting commercial activity.
Contracting for the management of a commercial store can occur in two main forms. The first is the simple management contract, which involves the store owner handing over the store to another person to manage it either as an agent for a fee or as an employee in order to invest in the commercial store. This contract takes the form of an agency agreement if the person is an agent for a fee, or an employment contract if the person is a regular employee.
As for the free management contract, it is a system that benefits store owners when there are compelling reasons that prevent them from practicing business themselves, such as travel or illness. This contract maintains the owner's ownership of the store while generating financial income at the same time.

The crime of human trafficking for the purpose of forced labor is one of the most dangerous crimes, as it is often committed by organized criminal groups that exploit human vulnerability, especially the weak categories such as women and children, who suffer from difficult and harsh conditions. These groups are more likely to be victims of trafficking. This crime is particularly serious due to its transnational nature and its organized perpetration by international gangs. As a result, many countries have attempted to confront it by issuing special laws aimed at combating this crime.
In addition to national efforts, there shoud be international collaboration to combat and punish it criminally, and to protect those who are most vulnerable to this crime, especially women and children.
Therefore, due to the seriousness of this crime, it must be addressed by issuing or amending appropriate provisions in the laws related to combating this crime, organizing its legal nature, and specifying the appropriate penalties for it.

The principle of legality is imposed on the administration by making its decisions in the light of the law in a broad sense and by reversing, it is considered illegal and threatened with abolition or execution. Conversely, the principle of legal security and its requirements, as an emerging concept at the legal and judicial levels, plays an important role and imposes both on the administration and the administrative judiciary, as it must be respected and entrenched.
The Kurdistan Administrative Court, under the Shura Council Act No. 14 of 2008, has extensive legal authority and machinery to control the legality of administrative decisions. When exercising such control, it gives precedence and preference to one of the two principles over the other, depending on the circumstances and circumstances surrounding the administrative decision. This judicial trade-off is an important and sensitive subject and needs precision in work and capacity in legal and judicial prospects. The Kurdistan administrative judiciary upholds the legitimacy of the security if the administrative decision is flawed by the serious lack of jurisdiction and there is no room for neglect. The judiciary pronounces the law and imposes its sovereignty without taking into account any other consideration, including legal security. In return, the judiciary shall uphold the requirements of legal security over lawfulness in the event that the administrative decision is immune from judicial annulment due to the expiration of the appeal period; In the light of the merits and details of the administrative proceedings before it and the gravity of the Department's violation of the principle of lawfulness, this is a stabilization of the center's and legal relations. Legal status" and the extent to which legal status is entitled to be protected judicially.

The specialization of jurisdiction rules in matters of personal status is a distinct legislative phenomenon, both locally and internationally. This research attempts to reveal the inadequacy of Articles 14 and 15 of the Iraqi Civil Code to establish the international jurisdiction of Iraqi courts to hear disputes arising from international family relationships. It seeks to explain the theoretical and practical justifications for specialized regulations and to select the best legislative method in relation to countries that have undertaken the experiment of specialization in this area.

The phenomenon of intellectual extremism is one of the most dangerous phenomena that threaten the stability, security and safety of societies, as its spread leads to a threat to the security and safety of the state and the dismantling of its social structure, as well as it causes the spread of manifestations of violence and terrorism. This study aims to review and analyze ways to combat intellectual extremism from a legal point of view, including penal legislation and criminal policies adopted to confront this phenomenon by reviewing and analyzing the existing legislative frameworks and identifying their shortcomings, with a focus on the experiences of other countries in this field, and studying the extent to which it can be used in developing the legislative system in a way that achieves addressing intellectual extremism in a comprehensive and integrated manner, and takes into account the intellectual, social and psychological dimensions that lead to the emergence of this phenomenon. Dangerous in society. The study also addresses the importance of adopting productive preventive strategies, including the dissemination of moderate ideology and updating educational curricula to enhance awareness of the dangers of extremism, in addition to developing clear penal legal frameworks to deal with crimes resulting from extremist ideology, both at the internal level .

The evolution of the digital world, particularly the period in which artificial intelligence tools emerged, has led to the emergence of smart websites or electronic platforms dedicated to marketing companies' products and contracting with consumers (customers) without the need for intervention from those who created them. We have concluded that these platforms sometimes positively influence consumer behavior, and other times negatively. We have also concluded that traditional rules are incapable of protecting consumers, and that they require modifications to keep pace with the work of these platforms.

This research explores the role of the Iraqi constitutional judiciar represented by the Federal Supreme Court—in safeguarding core constitutional principles. The study focuses on three fundamental principles: the supremacy of the constitution, the separation of powers, and the independence of the judiciary. These principles are essential to the constitutional framework of any modern state and are consistently enshrined in contemporary constitutions.The Iraqi constitutional legislator recognizes their importance and impact on governance. The principle of constitutional supremacy asserts that no authority stands above the constitution, and all state institutions are obligated to comply with its provisions. When this supremacy is violated, the Federal Supreme Court intervenes through its constitutional powers and judicial mechanisms. This is reflected in its jurisprudence, where it exercises constitutional review by annulling any provision that contradicts the constitution.Although there is a legislative deficiency in regulating procedures for constitutional interpretation, the Court’s interpretive power remains an essential tool for clarifying ambiguous texts and preventing misuse. Its rulings have resolved numerous disputes and ensured that unclear provisions are not exploited .The principle of separation of powers, though sometimes criticized as outdated, remains vital. Scholarly and practical assessments reaffirm its necessity and ongoing relevance. Likewise, judicial independence is crucial to impartiality and professional integrity. The Federal Supreme Court plays a central role in protecting this independence by resisting interference from the legislative and executive branches, including judicial appointments and institutional subordination .

The global drug trade poses a significant social, political, economic, and national and international security challenge. International cooperation is critical to effectively combating this transnational threat. This study examines the role of international cooperation as a fundamental pillar of interstate efforts to combat drug trafficking. Based on a review of international agreements and legal frameworks, this research explores mechanisms that facilitate judicial cooperation, the exchange of information and expertise between relevant government agencies and intergovernmental organizations, and the harmonization of legal frameworks, enabling states to enhance their collective capacity to disrupt and dismantle the international drug trade.

The issue of removing a partner from the company is one of the thorny issues that arise during the life of the company after its establishment and the commencement of its activity, It is one of the realistic matters that may obstruct the life of the company and threaten it with dissolution if not addressed, One of the partners may engage in certain actions that the rest of the partners do not want, which may result in harm to the company and the partners, What is the solution that the partners are entrusted with in the event of such actions by one of the partners, especially after all consensual methods and deliberations with the partner and the rest of the partners regarding such actions have been exhausted? The partners may agree with the partner to remove him from the company with appropriate satisfaction by purchasing his share, and here there is no problem, but in most cases such an agreement is not reached, Is there a legal way out that allows the partners to remove the unwanted partner by force and for the company to continue without him? This is what was highlighted in this study, as we touched on the legal solutions that enable the rest of the partners to remove the partner from the company, and the subject was addressed in a general manner for all types of companies, but this matter often occurs in personal companies, most importantly the joint-liability company, and it may also arise in the limited company as a company It combines the personal and financial nature, but the joint-stock company is most likely not to happen because the consideration is financial and the partners usually do not interfere in the management of the company, and the law did not leave any room for that, as it organized the joint-stock company in all its details. Based on the above, we decided in this research to focus on the legal basis for removing the partner from the company, and we also explained the justified reasons for removing the partner and its conditions, as an attempt from us to fill the deficiency in Iraqi legislation in the Iraqi Companies Law No. 21 of 1997 amended in this regard by providing the most effective solutions for that, and at the end of our research we reached a set of results and recommendations.

Criminal intent constitutes a fundamental pillar in determining criminal liability. As for dolus eventualis (probable intent), some have argued that the law requires clear boundaries between intent and negligence, in a manner that ensures balance between the pursuit of justice and the protection of individuals’ fundamental rights. Accordingly, probable intent emerges as a form of criminal intent, though this concept raises both ethical and legal questions. At its core, understanding probable intent depends on a proper grasp of the elements of mens rea, which is subject to two main theories: the cognitive theory (perception) and the volitional theory (will). Thus, while the degree of foreseeability distinguishes probable intent from direct intent, it is the direction of the will that separates probable intent from fault (or negligence). To distinguish probable intent from other forms of fault, criminal jurisprudence has developed two primary theories: the probability theory and the acceptance theory.

The administrative judiciary has the authority to amend an administrative decision due to a defect in legality or proportionality. Amendment can be partial, affecting only a part of the decision, or total, encompassing all its elements by replacing it with a new and valid decision. Compensation may also be provided to redress any harm suffered by the appellant, if warranted. In Iraq, a claim for compensation is only admissible if submitted as a subsidiary claim to an application for amendment or annulment of the administrative decision. This differs from the French and Egyptian administrative judiciaries, where an appellant can submit a claim for compensation as a subsidiary or primary claim.

With the ongoing Russian-Ukrainian conflict, the global system faces major challenges that could lead to a reshaping of international power dynamics. The shifts in inter-state relations and the competition among major powers create opportunities for profound transformations in the structure of the global order. In this context, several future scenarios for this conflict emerge, each of which will have a direct impact on international stability and the nature of political and economic alliances in the coming years.

Every state possesses a flag that distinguishes it from other nations, symbolizing its civilization, sovereignty, and representing the components of its people.
Accordingly, each state seeks to safeguard its flag from desecration, insult, or violation, whether committed by individuals or other states, and whether such acts are carried out by citizens or foreigners. This is because any violation of the flag is considered a violation of the sovereignty of the state and an encroachment upon it.
In this regard, constitutions—including the Iraqi Constitution of 2005—and the relevant laws have established specific provisions aimed at protecting the state’s flag and preserving its sanctity against any form of assault.

The research addresses the level of digitization in Iraq and Arab countries and compares them with each other on the one hand, and with developed countries on the other.
The research pointed to the primary goal of digitization, which is to achieve progress in the country's level, as indicated by sustainable competitiveness. It showed that there is a strong correlation between the two variables and a clear correlation between the advanced level of the country in sustainable competitiveness and the achievement of a high level of digitization. Quantitative analyses showed that Iraq needs to give this issue great importance in order to achieve progress in digitization requirements. when it achieves a high level of digitization. Quantitative analyses showed that Iraq needs to give this issue great importance in order to achieve progress in the requirements of digitization, foremost among which are Internet services, followed by infrastructure, and then the provision of human capital. It also showed that Arab countries in general suffer from a decline in their global position in sustainable competitiveness, and that the impact of digitization in them is less than in other countries of the world.

Discussions about how the public interacts with environmental information in the context of environmental governance issues primarily focus on the state's provision of environmental information to the public. However, this focus downplays the importance of environmental information held by members of the public and the difficulties individuals may face when providing such environmental information to the state outside of formal environmental decision-making procedures. The benefits of ensuring the public's right to provide environmental information are examined before considering the extent to which environmental law, particularly the Aarhus Convention, supports it. Furthermore, establishing this right to implement the proposed right, determining how to balance the proposed right with the state's needs, and identifying the differences between this hypothetical system and the current environmental information system provided for in the Aarhus Convention are discussed.

Insult is a broad concept that is simultaneously shrouded in ambiguity. It has certain characteristics that help reduce this ambiguity and define its meaning in criminal law. As a result of the broad nature of the concept of insult, it often overlaps with other concepts contained in criminal law. Therefore, we will seek to identify the similarities and differences between it and other similar and sometimes overlapping terms, in order to establish a clear and precise definition of the term. We will also focus on defining the standard used by the judiciary and jurisprudence in describing insulting behavior, by examining relevant judicial rulings and jurisprudential opinions, to arrive at a clear and precise understanding of this term within the criminal context.

The unpatented invention is considered to be one of the less addressed topics in legal studies. It is an invented new idea that is applicable in all fields of technology, meeting all or most of the conditions for a patent, and it can take various forms. Many intellectual property laws have addressed it exceptionally. Through the research, we examined the possibility of submitting it in the joint stock company and whether it is presented as an in-kind share or a labor share in the company. At the end of the research, we reached a set of recommendations, the most important of which is the recommendation for the Iraqi legislator to adopt the international standards for financial and accounting reporting issued by the International Financial Reporting Standards Foundation (IFRS), to enable the accurate evaluation of intangible assets and to keep pace with the developments occurring in the world. These standardized norms among countries provide solutions that help attract foreign investments, whether related to intellectual property rights or foreign investment companies.

This research aims to highlight the pivotal role of the general principles of law in the Iraqi administrative judiciary, as an unwritten source of legality and an effective tool to fill legislative gaps and address ambiguities in legal texts. Through doctrinal analysis and a review of administrative court decisions, the study demonstrates that Iraqi administrative courts have relied on core principles such as legality, proportionality, prohibition of abuse of power, and guarantees of due process to review administrative decisions and protect individuals’ rights. The research also addresses the central problem of how these principles are adopted and applied, the standards guiding judges in invoking them, and whether there is a priority among principles when conflicts arise. The study concludes that general principles of law have evolved from theoretical constructs into practical tools that strengthen administrative justice, unify judicial precedents, and enhance public trust in the administrative judiciary as a guardian of legality and the proper functioning of public services.

This research aims to examine the legal transactions made by general and specific successors in unregistered waqf (endowed) properties and their legitimacy according to Islamic jurisprudence and statutory laws. The study explores the concept of waqf, its conditions, and the impact of property registration on the validity of legal transactions. It also analyzes the Islamic jurisprudential stance on transferring ownership of waqf property to successors, comparing it with the legal positions in Iraqi, Egyptian, and Jordanian legislation

The research concludes that the majority of Islamic scholars do not consider property registration a requirement for the validity of waqf, whereas modern laws make registration a condition for legal enforcement. It also affirms that general successors, whether heirs or legatees, have no right to dispose of endowed property unless through legal replacement under specific religious and legal conditions. Additionally, judicial rulings have demonstrated that unregistered waqf can be proven by all means of evidence, reinforcing its protection against unlawful transactions
The study recommends amending real estate laws to safeguard unregistered waqf properties, enforcing stricter penalties for unauthorized transactions, and strengthening the role of the judiciary in resolving waqf-related disputes to ensure justice and preserve the interests of endowments

Labor relations are a key economic and social foundation requiring legal protection. The Iraqi Labor Law No. (37) of 2015 set criminal provisions to safeguard workers’ rights and balance them with employers’ interests. This study examines these provisions, their effectiveness in deterrence and protecting vulnerable groups, while practical application reveals legislative gaps, vague texts, and weak enforcement. The research covers the law since 2015 in Iraq, with international comparisons, and ends with recommendations to strengthen criminal protection of labor relations.

This study presents a theoretical-analytical approach to explaining how bilateral economic agreements are used as a tool to enhance geo-economic influence, with an interpretive application to Turkish-African relations. The study relies on a narrative review of peer-reviewed Arabic and English literature to construct a conceptual framework for geo-economics, its tools, actors, and its positioning within the theories of structural power and unequal interdependence. The study frames bilateral agreements within an institutional structure encompassing trade, investment, taxation, finance, and logistics connectivity, linking legal texts to enforcement mechanisms and governance.
The study categorizes the types of Turkish-African agreements (free/preferential trade agreements, investment protection and promotion agreements, double taxation avoidance agreements, sectoral memoranda of understanding, and financing and guarantee arrangements) and identifies their implementation tools (joint committees, arbitration, customs cooperation, and transportation networks). The study proposes a channels of influence model that transforms agreements into influence through four interconnected channels: trade, supply chains, and corporate positioning; direct investment, technology transfer, and capacity building; infrastructure, development finance, and development diplomacy; and institutional soft influence (education, culture, and business councils). The study analyzes the moderating determinants of influence in the African context, highlighting the role of governance, stability, regional integration (such as the AfCFTA), and major power competition in enhancing or inhibiting influence. The study explores the network of Turkish actors (the Ministry of Foreign Affairs and Trade, TİKA, DEİK, Eximbank, and the private sector), their African counterparts, and regional blocs as implementing levers for agreements.
The findings confirm that bilateral agreements establish a codified interdependence that gives influence sustainability and credibility, and demonstrate that the synergy of the four channels creates a "strategic multiplier" that exceeds the impact of each channel alone. The study demonstrates the ability of a middle power like Turkey to punch above its weight through a coordinated set of tools. It also highlights structural and contextual limitations (resource constraints, the fragility of some environments, and trade imbalances that require corrective flexibility). The study recommends that African decision-makers strengthen their negotiating capacities, safeguard mechanisms, transparency, regional alignment, and the requirement of technology transfer. It also recommends that Turkish decision-makers focus on the quality and sustainability of agreements, deepen joint manufacturing, expand multilateral partnerships, and integrate sustainability and social responsibility. The study acknowledges its limitations as a theoretical study based on secondary sources and proposes subsequent paths for comparative, field, and quantitative research, future scenarios, and digital sectors. The study offers a theoretical contribution with an explanatory channel model and a practical contribution with policy recommendations to help design more balanced, equitable, and sustainable agreements.

Amid the accelerating digital transformations shaping our era, artificial intelligence (AI) has emerged as a central technological force impacting nearly every field including the realm of criminal justice. This research arises from a critical legal question: To what extent can AI generated evidence be considered lawful and reliable proof for establishing criminal liability under current procedural regulations and fundamental legal safeguards? Unlike traditional evidence derived from human testimony or direct documentation AI based evidence is extracted through complex algorithmic systems whose mechanisms may be opaque even to investigators or judges. The study explores the role of AI in contemporary security practices, presenting types of digital evidence it yields: facial recognition outputs, behavioral pattern analyses, emotional recognition in public spaces, and probabilistic crime prediction based on big data profiles. The study concludes that AI-derived evidence can serve as effective proof in criminal proceedings if certain legal and technical safeguards are met, including algorithmic transparency, challengeability of digital outputs, traceability of data sources, and sufficient judicial training. It recommends legislative reforms to define the scope, standards, and accountability surrounding the use of AI-driven evidence, ensuring a fair balance between technological efficiency and the preservation of justice.

It is permissible to join a company by providing cash or in-kind funds, which constitute the company’s capital, which is in turn divided into shares of varying value or different nature. It does not matter if the funds provided are movable or immovable property, or tangible or intangible property. In light of this, the patent is considered as an intangible asset, part of which has a material value, and it can be presented as a share of the commercial company, especially in the company that depends on scientific and technical means based on exploiting inventions, and then transferring the patent to the company’s capital through a contract concluded between the patent owner and the company. If presents it as a share in the company’s capital by way of ownership, then the provisions of the sale contract apply to that, and the ownership of the patent is transferred, and it is not returned to its owner after the filtering of the company, and the inventor retains only his moral right. However, if he presents it as a share in the company by way of use, even if it is not considered a lease exactly, it is similar to a lease, then in this case the provisions of the lease apply, and its owner has the right to return it upon the dissolution of the company, so the company has the right to exploit the patent without owning it, provided that the owner of the patent retains ownership of it.
Therefore, a company may obtain a patent or any other moral right if it legally owns the invention by entering into a contract with the patent owner to make the patent part of its capital and exploit the invention to develop its economic activity.

This study examines the enduring tension between state sovereignty and the universality of human rights—two foundational principles of international law that frequently conflict in both theory and practice. While sovereignty safeguards a state’s authority and independence, the universality of human rights imposes moral and legal obligations that transcend borders. The research employs a qualitative doctrinal methodology to analyze treaties, United Nations resolutions, international judicial decisions, and key case studies such as Kosovo, Rwanda, and Libya. It explores how evolving doctrines—particularly humanitarian intervention and the Responsibility to Protect (R2P)—seek to reconcile this paradox by redefining sovereignty as a form of conditional responsibility rather than absolute authority. The findings reveal that although international law increasingly recognizes sovereignty as contingent upon the protection of populations, enforcement remains inconsistent and heavily influenced by political interests, especially within the UN Security Council. The study argues that achieving genuine balance requires reinterpreting sovereignty through the lens of accountability, enhancing preventive diplomacy, strengthening international and regional mechanisms, and limiting the politicization of humanitarian action. Ultimately, the paper contends that only by integrating human rights protection into the very concept of sovereignty can the international community establish a more just, equitable, and coherent global legal order.

This research explores the evolving role of digital technology in the context of international conflicts. With the rapid development of cyberspace, artificial intelligence, data surveillance, and digital propaganda, modern warfare and geopolitical rivalry have taken on unprecedented forms. This study analyzes how states and non-state actors are increasingly utilizing digital tools to exert influence, wage information warfare, disrupt infrastructures, and manipulate global narratives without direct military confrontation. Through a structured, inferential approach, the research investigates the theoretical foundations, practical mechanisms, and strategic consequences of digital engagement in conflict. The study also examines real-world case studies to highlight the transformative impact of digital technologies on international power dynamics, national sovereignty, and global security.

Secondary obligations that support contract performance are considered important legal mechanisms that contribute to achieving effective execution of contractual relationships, as in many cases, it is not sufficient to merely perform the primary obligation literally in order to achieve the practical purpose intended by the contract.
Based on this, the research addressed this topic through two main sections: the first was dedicated to clarifying the nature of the secondary obligations that support contract execution, while the second addressed their most prominent practical applications, particularly the obligation to inform and the obligation to ensure safety.
The research concluded that these obligations cannot be conceived as independent from the primary obligation in terms of origin, as they accompany it and work to support it and ensure its full performancem However, they may be independent in terms of effect, such that a breach may give rise to contractual liability even if the primary obligation has been performed in appearance. The study also revealed the existence of a legislative gap in the legal regulation of secondary obligations in the comparative legislation, as well as the limited role of the Iraqi judiciary in shaping them, as it mostly confines itself to applying general principles, notably the principle of good faith, without deriving independent specific obligations, unlike the settled practice of the French judiciary. This prompted a series of proposals aimed at enhancing contractual balance and achieving effective contract enforcement.

The Internet of Things (IoT) in healthcare is a modern technology that interacts between medical applications and devices and the patient through sensors that collect patient data and send it via the Internet to the healthcare provider or to their mobile phone, to take appropriate medical procedures that suit their health condition. This technology has many applications and various undeniable advantages, but it is not without drawbacks that may lead to civil liability. The privacy of the patient's personal and health data, the multiplicity of legal relationships resulting from the use of this technology, as well as the risks associated with the use of devices and applications, all require legislative intervention to provide legal protection for the patient, preserve the privacy of their data, and compensate them for damages caused by IoT devices and applications.

The research focused on studying a transitional phase that Salah al-Din Governorate went through (post-2014), which witnessed the collapse of all structures, which contributed to the exacerbation of structural crises at the local level. Therefore, the research came to show the local and national efforts to reduce this collapse and to address the roots of the crises through recovery and reconstruction policies, in partnership with regional and international actors, showing the stages that reconstruction policies went through and the challenges they faced.

The research topic deals with the penalty of discharge from military service, which is a secondary penalty stipulated in the Iraqi Military Penal Code No. (19) of 2007. If this penalty is imposed on a limited segment of military personnel, namely military officers, and not others affiliated with the military institution, it cannot also be imposed on civilians in the civil service, as this penalty is applied to the military officer as soon as he is sentenced to an original penalty, meaning that the imposition of the penalty of discharge is linked to the duration of the original penalty and not to the type of crime committed, as this penalty is applied as soon as the military officer is convicted and sentenced to an original penalty for crimes stipulated in the Military Penal Code No. (19) of 2019 or the General Penal Code No. (111) of 1969 or the special penal laws attached to it. This penalty is classified as one of the very harsh military penalties, as it comes after the death penalty. In fact, some military officers prefer to be subject to the death penalty rather than being subject to the penalty of discharge from military service due to its negative effects on the military officer, which we will address in the research. The research also demonstrated the nature of the penalty of deportation and its distinction from similar military subsidiary penalties by stating the reason for imposing this penalty, as well as the reasons for imposing it and the applicable law, which is the Iraqi Military Penal Code No. (19) of 2007.

This study explores the extent to which international law achieves justice through the application of its various rules to Middle Eastern issues, which have been expanding in ways that alarm the international community and threaten global peace and security. This occurs amid political conflicts, armed disputes, issues of occupation and refugees, and the differing positions of major powers toward these matters, driven by their hegemonic interests. Therefore, this research aims to assess the neutrality and fairness of international law in practical and applied contexts particularly with regard to the Palestinian issue, the Israeli-American-Iranian conflict, the wars in Syria that have claimed the lives of thousands from various sects and communities, as well as the situation in Yemen and the associated cases of human rights violations..

Abstract: This research aims to study electronic insurance as a means of protecting smart e-commerce transactions from increasing cyber risks while analyzing the legal frameworks governing this field at the international level and through legislative comparisons between different countries. The world is witnessing a significant digital transformation in commerce, where smart e-commerce relies on advanced technologies such as artificial intelligence, the Internet of Things, and blockchain. These innovations have enhanced efficiency but have also increased exposure to cyber-attacks, electronic fraud, and data breaches.Despite the importance of electronic insurance in mitigating these risks, traditional insurance policies remain inadequate in addressing complex digital threats. The study revealed clear legal gaps between different legislative frameworks, as some countries, such as the United States and the European Union, have adopted strict laws regulating electronic insurance, whereas many Arab countries still lack specialized legislation in this area. The research highlights the importance of developing flexible insurance policies that align with modern digital developments, mandating large companies to obtain insurance against cyber risks, and enhancing international cooperation to combat cybercrime and unify insurance standards. The study also emphasizes the need to use advanced technologies such as artificial intelligence to analyze risks and improve insurance claims processes. The study concluded that electronic insurance has become an inevitable necessity in the evolving digital environment, necessitating the updating of existing legislation and the provision of comprehensive insurance coverage to protect consumers and businesses while strengthening confidence in the global digital economy. The research recommends establishing a unified legal framework in Arab countries, creating government support funds, and expanding the scope of electronic insurance coverage.

This study aims to demonstrate the innovative aspects of the theory of obligation as stated in French Civil Code No. 131 of 2016, and compare it with the provisions of the Iraqi Civil Code, both in relation to the general concept of the theory of obligation, and in relation to the provisions related to the contract. It presents the position of the French legislator on this theory in the previous and current civil code, as well as comparing it with the provisions of the Iraqi Civil Code, with the aim of providing Arab lawyers and jurists in general, and Iraqis in particular, with a closer insight into this project, in terms of justifications and results, as well as the extent of the success of its drafters and the French legislator behind them, in restoring the legal standing of this theory and correcting the various negative aspects from which it suffered. All of this is achieved through two sections, which address the features of the legislative reform of the French Civil Code in form and substance (the first section), as well as the most important new provisions regarding the implementation of the contract and its transfer in the new amendment to the French Civil Code (the second section(.

Abstract: The right to property is considered one of the fundamental rights guaranteed by constitutions and legal systems, owing to its significant importance as a true manifestation of the owner's authority over the subject of ownership—through use, exploitation, and disposition. However, granting this right unconditionally and without limitation inevitably leads to a conflict with the public interest, which constitutes the core of the social function theory of property rights. This issue raises several questions regarding the extent to which the concept of the social function of property contributes to societal stability in both legal and social dimensions, as well as the impact of the restrictions associated with this function on the essence of the right itself. Moreover, it invites examination of the legal and social consequences arising from its application, while highlighting the qualitative shift in the philosophy of ownership—from an absolute right to a restricted one. This study explores the concept of property and its connection to the social function and the limitations imposed upon it, which imbue it with a public interest character. All of these aspects are analyzed through a critical lens based on the principles of Iraqi law and comparative legal systems, in an effort to reconcile the imperatives of protecting individual property rights with the demands of the public interest.

The term "relational equality" is usually used as an umbrella term for concepts of equality that focus primarily on relationships between individuals. That is, it is concerned with how individuals communicate with each other, and it is also concerned with how they relate and treat each other. Although the theorists of this family of equality agree on the broad outlines of their conception of equality, there are significant differences between the positions defended by various advocates of relational equality. Many advocates of relational equality describe their preferred concept of equality not in positive terms but rather in a focus on what their view defines as inequality. They are phenomena such as hierarchies of certain types (oppression, domination, status, power, recognition, social exclusion, ...) that advocates of relational equality usually define as hostile to their concept of equality, working to create social and political conditions that help individuals stand and bond equally in a democratic society. Relational equality advocates such as Samuel Scheffler, Elizabeth Anderson, Christian Schimmel, etc.) see the description of relational equality demands not only as conceptual but also as an empirical realization of what specific social movements possess. However, it is not clear that this is the best way to visualize the relationship between individual demands, social movements, and philosophical theorizing about equality.

The research deals with the phenomenon of proxy wars and their role as a strategic tool to achieve the goals and interests of major powers at the regional and international levels, by using agents to manage their conflicts without the need for direct military intervention, Major countries such as the United States and Russia have deemed the use of proxy warfare a more successful alternative to direct wars, which are excessively costly in terms of both material and human resources, especially in light of the developments witnessed in the international conflict arena, The research seeks to understand the mechanisms by which major powers employ regional and local factions to achieve their political, economic, and military objectives, as well as the future of these wars, both in terms of development and decline, in light of the tremendous technical and technological developments, particularly in the field of weapons.

The dilemma of competition for regional status after 2015 and its impact on regional and international security: (Saudi Arabia and Iran as a model)
The Middle East and the Eastern Mediterranean region, including the Arab region in particular, are of great importance to many regional countries, as they are considered important strategic regions in the world and the need of most countries for their energy resources (oil and gas) and their need for the geographical location. This is because it represents a link between the Asian and European continents, and among those regional countries are the Kingdom of Saudi Arabia and the Islamic Republic of Iran, between whom the competition has intensified to obtain and assume the position of the influential regional player and the leading state for the interactions taking place in the region. Therefore, major effects have appeared in the regional security environment of this competition, including dividing the region into areas of influence and impact between the two countries, and establishing alliances and counter-alliances by Saudi Arabia and Iran that included the countries of the region. Among the results of those policies pursued by those countries was the occurrence of imbalances in the security structure of the region, which in turn had a significant impact on regional and international security.
The intensity of this competition fluctuated at different periods of time between extremism and détente. It was characterized over time by fluctuations between tension and improvement. Saudi relations with Iran during the Shah’s regime were sometimes characterized by tension and coldness, and at other times by close relations and cooperation. Relations remained in a state of tension and attraction until the success of the Islamic Revolution in Iran in 1979, which represented a fundamental shift in relations between the two countries, which transformed from understanding and disagreement on many occasions during the time of the Shah of Iran (Mohammad Reza Pahlavi), to intense and almost permanent conflict and struggle during the time of the Supreme Leader of the Revolution (Ruhollah Musawi Khomeini). The period after 2015 and the coming to power of King Salman bin Abdul-Aziz represented a qualitative shift in relations between the two countries, The differences between the two countries have deepened, especially after the events of the Arab Spring revolutions and Iran’s support for many of those revolutions and Saudi Arabia’s support for many Arab regimes, the point that formed a focus of intense conflict between the two countries through their formation of political alliances and strategic and security partnerships, their support for ideological and doctrinal alignments and their use of them in the success of their regional policies, which resulted in negative political, security, economic and social effects that swept the region’s environmental system in general, and therefore these countries (if they want to establish regional stability, which will be reflected in their stability Internal and regional stability) Finding approaches that encourage the formulation and consolidation of constructive dialogue policies with the aim of reducing tensions in the region, and enhancing joint cooperation on common issues in the region in an effort to consolidate political, economic and social stability in the region in a manner that preserves regional and international security.

This study examines the role of the Iraqi electoral system in achieving political stability after 2003, by analyzing its legal development and its impact on the structure of the political system. The findings reveal that the repeated amendments to electoral laws—ranging from closed and open lists to multi-district systems—have failed to achieve the desired stability. Instead, they have contributed to the reproduction of traditional elites, the entrenchment of sectarian and partisan power-sharing, the erosion of public trust in the electoral process, and the decline of political participation. The research also shows that the current electoral framework has produced fragile consensus-based governments, limited the prospects for effective parliamentary opposition, and weakened state institutions. It concludes that electoral reform is a key prerequisite for enhancing political stability in Iraq, through adopting a more just and transparent system that combines proportional and individual representation, strengthens the independence of the electoral commission, regulates campaign financing, and opens space for youth and independent actors. Thus, reforming the electoral system is essential for rebuilding political legitimacy and consolidating the foundations of good governance in Iraq.

The research aims mainly to study the concept of Arab political thought and to clarify the most important factors influencing it, as well as to identify the most important ideologies, which are nationalism and democracy. Arab political thought and the most important opinions and ideas that it is interested in were studied, as well as to identify the most important factors that affect and are affected by it, especially belief and tribe, as well as to address nationalism as a belief and thought, as well as democracy and democratic transformation in Arab political thought through the analytical and descriptive approach by analyzing political opinions and ideas and describing intellectual ideologies. The main problem was clarified, which is Arab political thought and the reality in which it lives, by addressing the most important ideologies in it and focusing on the importance of Arab political thought, Arab nationalism and democratic transformation. Consequently, the results reached the conclusion that all the deterioration and decline that Arab political thought is experiencing is due to the political reality and political problems that Arab society suffers from as a whole, and therefore it is necessary to focus on these problems and find solutions to address them.

metaphysical The digital economy is one of the economic policies adopted by countries to enhance their international economic development and strengthen their international relations. It emerged with the development of information and communications technology in the 1990s, which contributes to increasing the economic efficiency of the country, which contributes to enhancing economic development on the one hand, and developing the country's foreign relations on the other, especially in light of international changes and the emergence of the phenomenon of globalization and the growing use of the Internet for a digital revolution that worked to increase interconnectedness in international relations and contributed to creating tangible effects in several fields, including trade, agriculture and industry.
In this context, China and Malaysia are among the most prominent countries that have embraced the digital economy as a tool to enhance their economic standing and attract foreign investment. Their strategies for technological transformation and digital services have contributed to strengthening their economic relations and improving their position in global supply chains.

This research attempts to explore the evolutionary path that the concept of sovereignty has witnessed since the establishment of the nation-state after the Treaty of Westphalia, through the Cold War and the beginning of the globalization era, and finally the post-state era. This research analyzes the stages through which this concept has passed and then identifies the main factors that have contributed to the shift in connotations related to the concept of sovereignty While this concept once dominated all aspects of the state, it began to decline after the Cold War and the entrenchment of globalization. These issues evolved with the collapse of the Soviet Union, particularly after the world entered the digital revolution (satellite broadcasting, the internet, mobile phones, etc.). However, the shift became clear within the context of the concept of sovereignty after the emergence of the post-state era.

Resignation is considered one of the ways of terminating the job association by the employee, whether explicitly by submitting a resignation request and waiting for the superior president’s response to the resignation request, or implicitly by abstaining from work for the period specified in administrative legislation. Thus, interruption is considered an implicit resignation, and administrative legislation differs in calculating The period during which the employee is considered to have resigned, as some legislation stipulates resignation over separate interruptions and not continuous ones. Therefore, in all cases, resignation is considered one of the reasons for the severance of the job bond, at the will of the employee, but this will is not absolute in all cases, as it may be restricted by not affecting the ongoing operation of the public facility. Moreover, if the resignation affects the work of the public facility, it may lead to the employee being held criminally accountable for the act of resignation.

Technological development is one of the most important developments in international law and the resulting impact on the issues related to it especially with regard to international responsibility when an actor tasks control of apart of the state's some kind of authority and thus conducting digital activities targeting others when bears responsibility for that?

Migration and refugee crises have increased unprecedentedly over the past two decades, presenting regional organizations with escalating challenges related to border management, policy coordination, and mitigating humanitarian and security burdens. The European Union (EU) stands out as a prime example in this context, given the diversity of its member states and their divergent interests, coupled with its exposure to intense waves of migration, particularly after 2011. Therefore, this study aims to examine the role the EU has played in mitigating migration and refugee crises through its legal and institutional instruments, analyze its capacity to formulate balanced collective policies, and address the structural challenges stemming from the divergent positions of member states, the rise of populist movements, and security and economic pressures.
The study concludes that the EU has succeeded in relatively reducing irregular migration flows, but it has yet to achieve a unified and comprehensive policy. Consequently, its future in this area hinges on strengthening internal solidarity and reassessing its decision-making mechanisms.

Egyptian-Ethiopian relations are vital and complex in the Horn of Africa, closely tied to the issue of Nile waters, which are essential for Egypt’s survival. Since the end of the Cold War, the relationship has seen notable shifts, especially with the emergence of the Grand Ethiopian Renaissance Dam as a key source of tension affecting Egypt’s national security.
These relations span political, economic, diplomatic, and security dimensions and are influenced by internal, regional, and international dynamics. Looking ahead, three scenarios are possible: continuation of the current situation, movement toward cooperation if political will exists, or escalation if disputes deepen. In the short term, continuity appears the most likely due to the complexity of interests and the difficulty of reaching lasting solutions.