Basra studies journal

This study highlights the pivotal role of standard specifications in consumer protection, serving as both a legal and technical instrument to ensure product safety and quality. It concludes that producers’ compliance with these standards represents an extension of the duty of safety established in comparative jurisprudence. Standard specifications enable consumers to select products that achieve their intended purpose while providing the necessary information for informed decision-making. The study also emphasizes the importance of further developing the legislative framework and strengthening technical oversight to ensure that only compliant products—free from physical or informational risks—are available on the market

Undoubtedly, patent development is a key component of technological advancement, forming the basis for classifying countries as developing or economically advanced. An invention may be created, but this does not mark the end of intellectual effort, as improvements and modifications can be made to the original invention by the inventor or others. Such development is considered an innovation deserving legal protection if it meets the substantive conditions for patent protection, in addition to the requirement that a previously protected invention exists under an original patent.
This requirement raises the issue of the relationship between a development and the original invention, which affects the duration of protection. Some consider the development as dependent on the original invention, granting it protection for the remaining period of the original patent. Others consider it an independent invention, entitled to its own protection period, unaffected by the expiration or surrender of the original patent.

The crime of terrorism financing through banking systems represents one of the most significant threats to financial institutions. Terrorist groups exploit banks to transfer illicit funds and secure the financing necessary to carry out their operations, using sophisticated methods to conceal the true source of funds. These methods may include the use of shell companies, complex financial transfers, or exploiting banking systems to give a legal façade to money intended for terrorist activities. The danger of this crime lies in its close connection to transnational criminal networks and its ability to blend into ordinary banking operations.
In this context, the failure to report suspicious financial transactions has emerged as a distinct offense, committed by banking institutions or employees who intentionally or negligently refrain from reporting transactions that raise suspicion. This breach constitutes a failure to fulfill legal and regulatory obligations, thereby facilitating money laundering and terrorism financing and undermining the effectiveness of the national framework for combating these crimes.

Illicit trafficking in medical products constitutes a serious threat to individual health and safety and poses significant challenges to international public health systems. This phenomenon deprives communities of essential medical resources, undermines public well-being, and weakens trust in healthcare institutions. It also disrupts the legitimate economy by causing financial losses to original manufacturers and damaging their reputation. Moreover, governments are deprived of public revenues and critical resources necessary for effective governance and anti-corruption efforts.
Counterfeit medicines, as one of the most prevalent forms of illicit medical trafficking, represent a global health hazard that can lead to death and disability. The persistence of this crime is often linked to weak regulatory frameworks, inadequate enforcement mechanisms, and insufficient criminal penalties. Despite ongoing international efforts, the identification of competent law enforcement authorities and the effective exchange of real-time criminal data across borders remain major challenges. Therefore, strengthening international legal cooperation and harmonizing regulatory standards are essential components in combating this transnational crime.

Retirement referral disputes constitute a legal avenue available to retirees to challenge administrative authorities regarding decisions that place them into retirement. Such disputes restore the balance between the administration and its privileges on one hand, and the rights of retirees and the public interest on the other. This type of dispute is purely administrative, forming a category of retirement-related disputes that remains unchanged even if the authority to adjudicate is assigned to a body outside the administrative judiciary.
Under Egyptian law, the adjudication of retirement referral disputes falls exclusively within the jurisdiction of the administrative judiciary, following their submission to examination committees established under the Social Insurance and Pensions Law. A similar arrangement applies in Iraq. However, these disputes are not submitted to preliminary committees as long as the employee’s functional relationship with the administration continues and the dispute is filed within the legally prescribed challenge period. If this period expires, the ordinary judiciary assumes jurisdiction, as it holds general authority over all disputes, including those involving the administration as a party.
Nevertheless, such disputes fall outside the jurisdiction of the Retirees’ Case Audit Council, whose role is limited to appeals against decisions issued exclusively by the National Retirement Authority. Additionally, there is a legislative gap in the amended State Council Law No. 65 of 1979, as it does not provide effective mechanisms for disputes arising after the termination of the employment relationship. Despite the constructive role of the administrative judge, no initiative has been undertaken to address this legislative gap, and it has been affirmed that a retiree loses their legal standing once their employment relationship ends.

This study examines the criminal liability arising from contaminated blood transfusion, which represents a complex legal and medical issue affecting the right to life and bodily integrity. The study reviews the conceptual framework of blood and its components, as well as the legal and technical regulations governing blood banks and healthcare institutions to ensure the safety of transfusions. It also focuses on the legal classification of serious professional errors that may be committed by physicians or laboratory personnel and analyzes the elements of criminal liability resulting from the transmission of infection, whether caused by negligence or failure in testing and storage procedures. The study concludes by identifying the penalties prescribed in Arab legislation for such acts and emphasizes the need to strengthen oversight and update medical and legal protocols to address emerging risks in this field.

The current study found out that the application of governance in Iraqi public administration continues to face numerous legal and institutional challenges, despite the existence of a revised legislative framework that enables improved performance of the administrative apparatus and establishes the foundations of transparency and accountability. A comparison with similar Gulf experiences demonstrates that the success of governance depends not only on the existence of legislation but also on its effective implementation at the organizational level, encompassing both management and oversight. It is evident that empowering institutions with greater autonomy, clarifying the division of powers, and strengthening both administrative and judicial oversight are essential prerequisites for addressing Iraqi administration according to modern governance standards. In light of these findings, there is an urgent need for parallel reform in both legislation and administration to ensure the practical and effective translation of governance principles into reality within state institutions.

This research examines the electronic monitoring system using electronic bracelets as an innovative mechanism within Iraqi legislation. It represents one of the newest alternatives to custodial penalties, relying on electronic tracking of offenders outside prison facilities. The significance of electronic bracelet monitoring lies in its prominent role in balancing the interests of individuals and society, given the drawbacks of custodial sentences and the risks associated with mixing offenders.
The study addresses key issues in implementing electronic bracelet monitoring, including the effectiveness of supervision, the protection of the monitored individual’s privacy, family acceptance, and the responsiveness of the monitoring authority. The research aims to reduce prison overcrowding resulting from detention or imprisonment, increase the use of consensual alternative sanctions, and facilitate the reintegration of offenders into society.
The study concludes with recommendations, the most important of which is the proposal to add Article 294 bis entitled “Execution of Penalties and the Electronic Monitoring System and Custodial Measures”, which grants the court the authority to implement electronic monitoring either at the request of the offender or, in certain cases, by the public prosecutor.

This study examines the role of political will and the limits of adherence to international law in protecting human rights within prisons, with a particular emphasis on the absolute criminalization of torture under international instruments, including the Universal Declaration of Human Rights and the Convention against Torture. The research highlights practical challenges, such as the lack of effective oversight and the prevalence of security-oriented cultures, and proposes measures to strengthen monitoring mechanisms and harmonize domestic legislation with international standards. The primary objective is to ensure comprehensive protection of prisoners’ rights and the absolute prohibition of torture through enhanced accountability and capacity-building for prison staff.

The administrative function constitutes the legal instrument through which the State’s public policy is implemented, as well as the mechanism for supervising and monitoring all administrative activities. Accordingly, many states with well-established administrative traditions seek to enact legislative rules that define the ethical framework governing this function, its professional conduct, and its internal and external environment. Since every state performs multiple activities through its administrative employees—who represent the human means by which administrative objectives are achieved—there are several standards upon which the constitutional legislator relies when drafting constitutional provisions. Consequently, the legislative authority adopts these standards as a foundation for the enactment of laws.
This research clarifies the concept and characteristics of indirect constitutional standards and examines the philosophy of the constitutional legislator in defining the State’s public policy in terms of planning, organization, and implementation to achieve its objectives, foremost among them serving the public interest. It further explores the constitutional legislator’s philosophy in shaping the State’s economic policy, understood as a set of measures and decisions adopted to achieve economic and social goals, such as economic growth, price stability, job creation, and trade liberalization. These measures and decisions provide guiding principles that enable the constitutional legislator to formulate standards that contribute to regulating the administrative function.

Institutions, as it contributes to the implementation of public policies, the provision of services, and the achievement of administrative objectives. It is not merely a paid occupation but a legal position governed by rules regulating the relationship between employees and the state in terms of rights and obligations. The legal framework governing public service is central to this relationship, defining the principles of appointment, promotion, discipline, and the guarantees afforded to employees in their interactions with the administration.
The importance of studying this relationship arises from the need to analyze legal texts, judicial applications, and relevant scholarly opinions in light of administrative and legislative developments. This research examines the legal organization of public service and highlights the distinctive nature of the relationship between employees and the public administration, in contrast with the private sector. The study concludes that this relationship is both organizational and legal in nature, requiring continuous development of the legislative framework through the analysis of statutes, principles, and practical realities, in order to maintain a balance between the interests of the administration and the rights of public employees.

This study examines the relationship between emotional intelligence as a theoretical tool and the enhancement of job performance among employees of the Basra Directorate of Education. The study employed a descriptive methodology, relying on a sample of 32 employees from the Basra Directorate of Education. Data were collected through a scientifically designed questionnaire and analyzed using appropriate descriptive and inferential statistical methods.
The results indicated that the level of emotional intelligence among the employees was high, with a mean score of 3.77, reflecting strong awareness of emotional and affective aspects. The findings also revealed that the level of job performance within the same sample was similarly high, with a mean score of 3.67. Based on these findings, the study recommends organizing training programs to further develop employees’ emotional intelligence skills.

This research aims to shed light on the legal guarantees afforded to correctional inmates under Iraqi law. These individuals are deprived of their liberty as part of criminal penalty enforcement; however, this does not imply the loss of their humanity or fundamental rights. The Inmates and Detainees Reform Law No. 14 of 2018 guarantees a range of rights and protections for such inmates, including the right to human dignity, healthcare, education, freedom of belief, a fair trial, and protection from torture and ill-treatment.
The study examines the shortcomings in the practical implementation of these guarantees, despite their clear articulation in the legal texts. Iraqi correctional institutions face various legislative, administrative, and financial challenges that impede the effective enforcement of these rights.

This research examines criminal liability for professional negligence within the framework of public service. It analyzes the legal foundations governing the accountability of public employees for acts of omission or breaches of duty, whether the negligence is gross or causes harm to the public interest. The study clarifies the nature of penalties and the elements of the crime—physical, mental, and special—as well as the causal link between the act and the resulting harm.
The research concludes that criminal liability for professional negligence serves as a fundamental tool to protect public order and the public interest. Clear legal provisions and precise definitions of criminal elements contribute to achieving justice and ensuring that penalties correspond to the severity of the harm caused. The study further highlights the importance of administrative oversight and continuous employee training to reduce negligence, emphasizing the need to balance punishment with justice to ensure both general and specific deterrence.

The right to access information is one of the fundamental human rights that enables society to achieve transparency and uphold democracy. This right can only be effectively realized if it is constitutionally and legally regulated in a manner that fulfills the purpose for which it was established. It is enshrined in the constitutions of many countries worldwide. However, it is a restricted rather than absolute right; despite its role in promoting transparency, it may be limited under certain circumstances. It is also a complex right, encompassing both negative and positive dimensions. Understanding the nature and characteristics of the right to access information remains challenging due to its relatively recent emergence. It became clearly recognized only in recent decades and has since attracted considerable scholarly attention. This growing interest is largely due to the influence of the information and communication revolution and its widespread impact, as the right to access information has become a fundamental component of democratic systems.

False propaganda is one of the most dangerous tools used in psychological and media warfare to weaken or overthrow political regimes. It aims to shape and manipulate public opinion by disseminating misleading, exaggerated, or distorted information. Although political propaganda has existed since the earliest human conflicts, technological and digital advancements have extended its impact beyond the traditional boundaries of states.
This study analyzes the concept and dimensions of false propaganda, highlighting its role in undermining the legitimacy of political regimes. It further examines the legality of such practices under public international law, with particular emphasis on principles related to non-intervention in domestic affairs, the prohibition of war propaganda, and the protection of international peace and security. Furthermore, the study offers a critical legal assessment of the challenges arising from the use of propaganda in international relations.