Albayan University Journal for Legal Studies and Research

This research, entitled “The Impact of Carbon Bonds on Supporting the Environment and the Economy”, examines the environmental and economic implications of adopting carbon bonds as a modern instrument within climate policy and sustainable development frameworks, with particular emphasis on the Iraqi experience following the establishment of the General Company for Carbon Economics.
The study aims to demonstrate the role of carbon bonds in reducing greenhouse gas emissions, particularly carbon monoxide and carbon dioxide, and their contribution to mitigating global warming and protecting natural resources from pollution. Furthermore, the research analyzes the economic dimension of carbon bonds in terms of generating financial revenues that support the state’s public budget, stimulating economic activity, creating employment opportunities, and promoting investment in green projects.
The study adopts both descriptive and analytical methodologies, including an analysis of the legal and regulatory framework governing the work of the General Company for Carbon Economics. The research concludes that carbon bonds constitute an effective mechanism for achieving a balance between environmental protection and economic development, provided that strong governmental commitment and an integrated legislative and institutional framework are ensured.

The environment is a blessing from God Almighty. He created it in a state of completeness and balance, making it suitable for human life and other living beings. From it, we were created, upon it we live, and within it we are buried. It is the origin of our matter, the beginning of our existence, and an integral part of our physical constitution. However, nations and various systems of government have encroached upon the environment, causing pollution. Humans have also exploited its resources unjustly, without any regard for their limits, in pursuit of their comfort. Therefore, we suffer today as a result of our actions and increasing aggression against the environment. The environment is no longer able to replenish its natural resources or maintain the balance of its various elements. Corruption has become widespread on land and sea, and the future of life on Earth is threatened. As scientific progress increases, pollution problems intensify. Thus, saving the environment has become humanity\'s greatest challenge. Faced with these dangers, it was natural for the issue of environmental protection to forcefully assert itself at both the international and local levels as one of the most important contemporary issues. Appropriate environmental legislation has been enacted to protect the environment through binding rules and regulations. However, the truth is that this is not enough. The issuance of environmental legislation is not effective unless the necessary means for its implementation and follow-up are in place. There is no doubt that the effectiveness and efficiency of the application and implementation of all the different environmental legislations accurately and firmly depends primarily on the existence of administrative bodies or agencies specialized in environmental protection that take upon themselves all the necessary precautions to prevent pollution and preserve the environment. Administrative control, in particular, with its multiple powers, is one of the most important means of law in this regard, as administrative control plays an important role in protecting the environment based on its preventive nature, which is useful in preventing pollution and preventing its occurrence.

The constitutional value of the sustainable development principle is not confined solely to the environmental dimension; rather, it extends to encompass the system of economic and social rights that constitute the core of social justice. The Iraqi Constitution of 2005 contains provisions of a socio-developmental nature that serve as a foundational basis for inferring the support of the sustainable development principle, even though it lacks an explicit text enshrining the principle as an independent constitutional right. Furthermore, social justice has emerged as a constitutional value necessitating effective judicial protection; however, the enforcement of such protection remains contingent upon the will of both the legislator and the constitutional judiciary.

This research examines the conceptual and constitutional framework for the protection of human rights within the Iraqi legal system. It begins by clarifying the concept and characteristics of human rights, traces their historical and philosophical development, and analyzes the constitutional and institutional guarantees that ensure their protection and promotion. The study adopts the descriptive-analytical approach through an examination of constitutional texts, juristic opinions, and the Iraqi institutional experience.
The research demonstrates that human rights are inherent and pre-existing rights that precede the establishment of the state; however, their effective protection can only be achieved through their incorporation into binding legal rules, foremost among them the constitution. The study further focuses on the constitutional guarantees for the protection of human rights and highlights the significant role played by constitutional review exercised by the Federal Supreme Court in safeguarding rights and freedoms, particularly through reviewing the constitutionality of laws and interpreting constitutional provisions.
The research concludes that the protection of human rights in Iraq is based on an integrated system of constitutional, judicial, and institutional guarantees, and that the effectiveness of this protection depends on strengthening the supremacy of the constitution and ensuring judicial independence, which in turn contributes to consolidating the rule of law and respecting human dignity.

The world has recently witnessed significant transformations in the nature of development and its instrumentalities, following the demonstrated inadequacy of traditional models to achieve a sustainable equilibrium between the imperatives of economic growth, on the one hand, and the preservation of natural resources and the realization of social justice, on the other. Consequently, the concept of sustainable development has emerged as a comprehensive intellectual and legal framework aimed at attaining balanced development that meets the needs of the present without compromising the rights of future generations, while duly integrating economic, social, and environmental dimensions alike. This concept has acquired increasing prominence at the international level, having been endorsed by the United Nations and various international organizations through numerous declarations and international agreements, culminating in the adoption of the 2030 Agenda for Sustainable Development, which established seventeen universal goals binding upon Member States, including Iraq, to undertake the necessary legislative and institutional measures for their implementation. Sustainable development is no longer merely a political orientation or an ethical commitment; rather, it has evolved into a legal principle exerting tangible influence on the formulation of public policies and national legislation. Within the Iraqi context, sustainable development assumes heightened importance in light of the political, economic, and security challenges the country has endured, in addition to escalating environmental crises such as desertification, water scarcity, land degradation, and pollution. Moreover, the Iraqi economy remains heavily dependent on natural resources—particularly oil—thereby necessitating the adoption of an effective legal framework to ensure the sound management and optimal utilization of such resources in a manner that achieves comprehensive and sustainable development, while mitigating the adverse effects of environmental and economic depletion..

Legal mechanisms are among the main factors relied upon to improve the business environment. When an investor decides how to allocate their funds, the legal framework applicable to their investment becomes the most important element. Economic laws and regulations significantly influence corporate strategies by guiding the market, regulating competition, and protecting investors\' rights. Under the new generation of investment policies, sustainable development lies at the heart of efforts to attract foreign investment, encompassing economic, social, and environmental dimensions. At the level of national investment legislation and regulations, as well as international agreements, social and environmental dimensions are elevated to the same level as economic dimensions in the development process. Therefore, sustainable investment requires that investors not only focus on maximizing profits but also consider environmental, social, and human rights aspects. Within this framework, Iraq strives The Kurdistan Region is working to develop its business environment to attract foreign investment through a package of laws and regulations that aim to balance economic interests with social and environmental considerations. This study recommends adopting national and international legal mechanisms to improve the business environment in Iraq and the Kurdistan Region in order to activate sustainable investment. This can be achieved by incorporating a sustainable development clause into a unified model for international contracts and agreements, along with the necessity of establishing specialized economic courts for investment.

Undoubtedly, personal freedoms are paramount, being essential for guaranteeing the exercise of other public freedoms. Indeed, they are a prerequisite for the existence of other freedoms, whether economic, social, political, or otherwise. For example, the right to vote is meaningless if individuals lack freedom of movement or are not protected from arbitrary arrest, detention, or deportation. Similarly, the freedom of trade, industry, and ownership is worthless if individuals cannot move freely to conduct buying, selling, and contracting, or if they are arrested or detained and unable to contact those with whom they wish to conduct business.
However, the issue of personal freedoms only arises when individuals live within a society, which is their only option, as humans are social beings by nature. As is well known, every society has its goals, which individuals must strive to achieve to ensure the continued functioning, prosperity, and development of that society. Therefore, it is the individual\'s duty to exercise their personal freedom within the framework of social goals. This is where conflict and clashes may arise between the authority, as the body responsible for protecting the interests of society and working towards achieving its goals, and the individual who seeks to secure their absolute freedom.

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Iraq\'s preventive criminal policy seeks to combat drug abuse through prevention and strict control of narcotic substances, starting with regulating their production, manufacturing, and export, and monitoring their domestic circulation. Law No. 50 of 2017 identifies the legally authorized individuals to handle these substances—licensed physicians and pharmacists—and imposes strict controls on the prescription and dispensing of narcotic substances, including permissible quantities and a patient card system. The regulatory system also includes institutional inspections and record reviews to ensure compliance with laws and prevent deviation from legal purposes. This legal framework reflects a philosophy based on the premise that legitimacy is linked to purpose and adherence to preventive and regulatory measures, thereby protecting society from the spread of drugs.

Social justice through the application of the amendment—and what a profound concept it is! is achieved within the Personal Status Law through several aspects, including preserving family stability, regulating fundamental issues such as marriage, divorce, and child custody, and ensuring protection and fairness for all family members, especially children and women. The importance of the social role in implementing the law is highlighted through social research committees and offices that provide support and guidance to families.
Among its most important aspects are:
Balance in family relationships: The law strives to achieve balance and fairness in family relationships, taking into account social and economic developments.
Protection of children: The provisions of the law prioritize child protection, such as custody provisions that aim to provide a stable and safe environment for the child.
Guaranteeing rights: The law aims to guarantee that every individual receives their rights, whether in matters of marriage, divorce, alimony, or inheritance.
The role of social entities: Social researchers play a vital role in implementing the law by providing premarital family counseling and assessing who is best suited to provide a stable environment for the child, thus contributing to achieving social justice.
Adapting to social reality: The law aims to be amended to keep pace with social and economic developments and to effectively address family disputes. There is much discussion about amending the Personal Status Law of 2025. Does this law meet expectations and implement justice in general, and social justice in particular? This is what we will explore clearly in this research

Child protection is a key criterion for the application of social justice, particularly concerning the provision of essential needs such as nutrition and education. These are among the most important aspects of economic and social rights, and constitutions and penal codes provide criminal protection for these groups. Nutrition and education are fundamental rights for a child\'s physical and mental development. Education sometimes plays a significant role in a child\'s acquisition of positive character traits. Criminal liability is established based on gross negligence and the unlawful failure to perform a legal duty incumbent upon parents. Furthermore, international conventions protect children\'s rights, including the right to adequate food and compulsory education. The consequences of deprivation include delinquency, crime, and social marginalization, justifying the intervention of criminal law to protect children. The research problem lies in the legislative shortcomings in defining the age at which a child is criminalized, and the ambiguity of the texts in determining who is legally, customarily, or contractually obligated. We arrived at a number of conclusions and recommendations, most notably that the crime of depriving a child of nutrition focuses on young children who cannot meet their basic needs independently. It is essential to amend the legislative texts to include all children without exception.

Bullying of all kinds is a social problem that affects the quality of life cyberbullying is the most common manifestation of aggression that has not received the proper amount of legislative attention in general and criminal in particular. that is why the criminal treatment of this type of bullying was the subject of our research. cyberbullying is a serious threat to public health in both psychological and organic aspects, noting the difficulty of separating them; because what leads to psychological effects inevitably entails a certain degree of organic effects, and vice versa.
The subject of the research is the need for effective criminal intervention in the regulation of the digital environment in order to provide guarantees to prevent infringement of the public right to peace of life; we believe that the criminal law has a pivotal impact in guiding the awareness of individuals about the right to a healthy cyberspace, it is a public domain that must be used in a way that does not affect the rights of others to ensure a decent quality of social life ,The research includes discussing the topic in terms of cyberbullying subjectivity and its position in the legal framework of criminal protection and the definition of the Criminal right meant to protect against the criminalization of authoritarian practices in the first requirement, as well as the role of criminal law in protecting the electronic environment from illegal practices in the second requirement .

Civil proceedings form the core of the justice system and its means the basis for Dispute Settlement, and its purpose should not be transformed from a legitimate means to a mechanism for arbitrary exploitation, as this represents a fundamental distortion in the climate of Justice . Our research targets the phenomenon of \"arbitrariness in the use of civil procedure\" as a judicial and social fact that weakens the effectiveness of the judiciary and undermines the right to access the desired level of justice; the study started from the conceptual foundation that evaluates arbitrariness by objective criteria, such as: I then moved on to exploring the manifestations of this arbitrariness in judicial practice and its multiple effects on adversaries, courts and justice resources, as exemplified by arbitrary behavior in retaliatory or intimidating proceedings, as well as repeated procedural requests aimed at disrupting the course of the proceedings, and methods of complicating the execution of sentences in order to blackmail the opponent or to burden him; this is due to the vacuum of early screening tools and the absence of deterrent sanctions—financial and procedural— which contribute to the spread of the phenomenon and nurture the climate of impunity.

The role of constitutional provisions in achieving justice in the distribution of wealth and natural resources, particularly oil and gas in Iraq, is a pivotal constitutional issue closely linked to financial stability, economic development, national unity, and social equity. While the current Iraqi Constitution of 2005 clearly stipulates the principle of public ownership of oil and gas, this alone does not constitute a sufficient guarantee for achieving distributive justice unless it is supported by a clear and applicable legislative and executive framework.
An analysis of the constitutional basis for oil and gas ownership and management, through a study of relevant constitutional texts, particularly those establishing the principle of public ownership and defining the nature of shared powers between the federal government and the regions and governorates, reveals the generality and ambiguity of these texts, as well as the lack of clear mechanisms for revenue distribution. This has led to differing interpretations and varying practices, weakening the binding force of the constitutional text in this area. Furthermore, the organization of natural resource management under the Iraqi federal system reveals the nature of the relationship between the federal government and decentralized authorities, and the impact of overlapping powers and weak institutional coordination on hindering joint oil and gas management. This, in turn, affects the unity of the state\'s fiscal policy. The absence of supplementary legislation, especially an oil and gas law, has contributed to entrenching constitutional problems and transforming constitutional principles into theoretical texts lacking practical application.
The effectiveness of constitutional provisions in achieving distributive justice for oil and gas revenues reveals the gap between the constitutional text and its implementation. This gap is exposed by uncovering the constitutional, legislative, and administrative obstacles that have prevented a fair and balanced distribution of revenues among the provinces. These obstacles include the absence of objective criteria for revenue distribution, the influence of political considerations on the management of this sovereign resource, and the resulting developmental disparities and imbalances in the principle of financial equity.
Achieving distributive justice for oil and gas revenues in Iraq requires moving beyond general constitutional provisions and establishing a comprehensive legal framework based on effective legislation, clear and transparent distribution criteria, and oversight mechanisms that ensure sound resource management. This will achieve balanced development, safeguard the rights of current and future generations, and strengthen confidence in the state\'s constitutional and financial system.

Starvation is considered one of the most serious practices committed during armed conflicts, as it poses a direct threat to the survival of the civilian population and transforms into a method of warfare that extends beyond military objectives to target the essential foundations of civilian life. Despite the clarity of the international legal framework prohibiting and criminalizing starvation—whether under international humanitarian law or international criminal law—the realities of contemporary armed conflicts reveal the continued use of starvation in both direct and indirect forms, through sieges, obstruction of humanitarian assistance, targeting objects indispensable for civilian survival, and disrupting food production chains, ultimately resulting in famine as an intended or foreseeable outcome of military operations.
This research aims to analyze the legal framework prohibiting starvation, trace the development of its recognition as a war crime, and highlight the challenges related to defining famine in contemporary contexts between humanitarian and legal approaches. The study also addresses the obligations imposed on parties to the conflict and the international community to prevent famine, ensure the unhindered passage of humanitarian assistance, and prevent the instrumentalization of food for military or political purposes. Furthermore, the research examines mechanisms for international accountability regarding starvation crimes and the evolving role of the Rome Statute and relevant international resolutions, particularly United Nations Security Council Resolution 2417 (2018). The study concludes that combating famine in armed conflicts requires not only the strengthening of accountability mechanisms but also reinforcing preventive obligations and activating international will to ensure compliance with international humanitarian law and prevent the use of food as a weapon or tool of coercion against civilians