Journal of college of Law for Legal and Political Sciences

The desired justice in litigation procedures is for all parties to be equal in the balance of justice. This can only be achieved through the application of the principle of publicity as a pillar of this justice. When the court applies this principle, it may clash with another principle no less important than the first: the privacy of litigants. Therefore, the court is responsible for applying the principles of justice in all its aspects to preserve the right to privacy of the parties to the dispute. In such cases, the court may resort to secret hearings if the principle of publicity conflicts with privacy, while the trial judge must return to the principle of publicity when issuing his ruling on the subject of the dispute.

The "Improvement Compensation" for property is a legal fee stipulated by the Iraqi legislator in the current Expropriation Law No. 12 of 1981. It obligates property owners whose properties are improved due to partial expropriation to provide compensation in the form of relinquishing one-quarter of their property area free of charge to the administrative authority. This is applicable if the relevant appraisal committee determines that the partial expropriation has led to an improvement in the location and utility of the property, thereby increasing its value.
If the partial expropriation affects less than one-quarter of the property and the appraisal committee confirms that the expropriation has resulted in the improvement of the property's location and utility, the administrative authority may expropriate the additional area required to complete the one-quarter in the interest of public benefit and require the property owner to pay the value of the area completing the quarter. This constitutes a case where the property is improved due to partial expropriation.
Another situation of property improvement occurs without expropriation when the state implements public service projects adjacent to properties without the need to expropriate specific areas of the neighboring properties. In this case, the state can require the property owner to pay an improvement fee equivalent to one-quarter of the improvement value to the Capital Municipality or the local municipalities, which are responsible for collecting the improvement fee and identifying the improved properties not affected by expropriation.
The determination of the improvement value for both expropriated and non-expropriated properties falls under the jurisdiction of the appraisal committee. It is important to note that partial expropriation and the payment of the improvement fee cannot be repeated, regardless of whether subsequent expropriations further improve the property's location and value.
Property owners have the right, in the case of partial expropriation, to appeal the decision before the Court of Appeal in its capacity as a cassation court. They also have the right to object to the inclusion of their property in the improvement scheme and to the amount of the improvement fee before the local Court of First Instance.
When the improvement fee becomes due, the Capital Municipality or local municipalities notify the Property Registration Department to place a lien on the property to ensure the collection of the fee. The lien acts as a restriction on the property's transfer.
However, the Iraqi legislator has taken into account the financial circumstances of property owners, allowing them to request installment payments of the improvement fee over a period of up to twenty installments, submitted to the Capital Municipality or local municipalities. These installment arrangements remain effective even if the property ownership is transferred.

This study examines the concept of expropriation as a state mechanism employed to serve the public interest by acquiring real estate from individuals—in exchange for fair compensation under applicable laws—to establish public facilities that benefit society. It distinguishes expropriation from other legal situations that share some characteristics while differing in others. The study also clarifies the Sharia and legal foundations underpinning expropriation; Islamic Sharia permits expropriation when linked to the public interest and accompanied by fair compensation, while legally, it derives its validity from constitutional provisions and legislation that regulate its procedures and mechanisms to strike a balance between public and private interests.

The right of workers and public sector employees to strike and to demand the fulfillment of their professional claims, as well as the improvement of their working conditions, constitutes one of the most significant rights that has been the subject of extensive debate in recent years. Legal scholarship has been divided on this issue between proponents and opponents, in view of the potential negative effects resulting from the exercise of this right on the regular functioning of public services, in addition to the harm it may inflict on the State’s economy and public order. This, in turn, necessitates the establishment of legal controls and restrictions governing the exercise of this right.
The researcher divided this study into three sections, concluding with a set of findings and recommendations, the most significant of which is the amendment of the Iraqi Constitution of 2005, by explicitly and unequivocally recognizing the right to strike, following the example set forth in the current Egyptian Constitution of 2014. The study further recommends that the Iraqi legislator enact a law governing strikes, establishing safeguards to ensure the freedom of its exercise, while also determining the categories of state employees and the public institutions and facilities in which the exercise of this right shall be prohibited.

Electoral abstention is one of the most prominent manifestations of the democratic crisis in Iraq after 2003. Low turnout rates recur in each election cycle, casting doubt on the legitimacy of the political system and its institutions. This research examines the phenomenon from an analytical perspective, highlighting its underlying causes, which include weak trust in electoral institutions, recurring fraud, the dominance of traditional parties, and a decline in political awareness among broad segments of society, particularly youth.
The research focuses on three main axes:
First, the conceptual and theoretical framework of electoral abstention.
The second axis is strengthening trust in political and electoral institutions by reforming electoral laws, ensuring the independence of the Independent High Electoral Commission, combating corruption, and expanding local and international oversight of the electoral process.
The third axis addresses the role of political education and civil society activation, by promoting civic education, empowering independent media, and supporting civil society organizations in their awareness-raising and oversight roles. Addressing voter apathy cannot be done through superficial or seasonal solutions. Rather, it requires a radical reform of the political, media, and educational systems, and the building of an electoral culture based on trust, accountability, and conscious participation.

Between the two World Wars, a school of thought or intellectual doctrine emerged known as Logical Positivism or the Vienna Circle. The intellectual roots of Logical Positivism extend to positivist philosophy and neo-positivism. Logical Positivism is characterized by its deep belief in scientific understanding and its rejection of metaphysics and other philosophical issues. The Vienna Circle included a group of thinkers, scientists, and philosophers from various specializations, and their discussions were not limited to their own fields, but extended to include all philosophical, religious, and scientific domains, which made Logical Positivism stand out as a critical trend that rejected philosophical issues and questions related to metaphysics, knowledge, or ethics, to the extent that many, under the influence of their ideas, echoed that philosophy was dead. Among the most prominent principles and propositions they agreed upon, which served as pillars of their philosophy, were: the analytical and scientific nature of philosophy, the distinction between analytical and synthetic propositions, the rejection of metaphysics, and the principle of verification. In contrast, Logical Positivism faced radical criticisms, even being described as fanatical and arbitrary, and that they confined themselves to a closed circle by considering reality as the sole subject, and making science and the sensible world the only measure for proving and validating knowledge

Media outlets often rush to disseminate news regarding crimes and criminal investigations—particularly those of significant public interest—thereby shaping public opinion either against the perpetrator or in sympathy with them. The legislator’s failure to exhaustively define the individuals bound by the obligation of investigative secrecy has opened the door to divergent legal interpretations regarding who is subject to this requirement, raising questions about adherence to the principle of criminal legality. Furthermore, a grave threat to confidence in the fairness of judicial proceedings arises when an accused person is denied a fair trial before their lawful judges, and instead faces accusation, trial, and judgment by the press before the judiciary has issued its ruling

This research addresses a contemporary jurisprudential and legal problem represented by the extent of the legitimacy and validity of effecting divorce through modern means of communication (electronic writing, and audio-visual means). It proceeds from establishing the nature and legality of divorce in Islamic jurisprudence, then deals with a comparative analysis of jurists' opinions on the ruling of divorce by writing traditionally and the possibility of applying analogy to digital media. The research reveals the stance of the comparative laws (Iraqi, Emirati, Jordanian, and Algerian) on this issue, highlighting the legislative gap in the Iraqi law, which the judiciary has attempted to fill through rulings that recognized electronic divorce. The research concludes by favoring the majority juristic opinion that upholds the occurrence of divorce through electronic writing and audio-visual means, provided the attribution of the medium to the husband is proven and a firm intention exists. It concludes by presenting legislative proposals to amend the Iraqi Personal Status Law to keep pace with this technological development and ensure the stability of legal positions.

The scale of developments in the technical and technological fields is no longer a secret to
anyone, particularly in the field of artificial intelligence, which has begun to be utilized in several different areas of life. This is especially true in the criminal field, where developed countries have worked to leverage artificial intelligence tools to detect crimes, analyze them, and uncover their perpetrators. Therefore, this research addresses the role of AI in combating crime, focusing on the most important practical applications of utilizing smart tools to detect crimes through a comparative study between Iraq and other leading countries in this field, such as the United Arab Emirates, the United Kingdom, and the United States. Consequently, the research shows the extent to which Iraq is keeping pace with these major developments in the technical field, especially since many of Iraq's laws still date back to the period before 2003. Hence, it can be said that the Iraqi legal system lacks legislation related to modern technologies and artificial intelligence, as there are no procedural or substantive laws that enable the judiciary and security authorities to control crimes related to technical and virtual worlds or to use smart technologies in combating them, and thus it has not kept pace with the consecutive and renewed developments since that time. Therefore, we have divided the research into two sections: the first section addresses the concept of artificial intelligence, while the second section covers the role of artificial intelligence in reducing crime

The right to privacy is currently recognized as a fundamental human right, which most constitutions and international legal instruments have consistently sought to protect through provisions prohibiting its violation and infringement. By its very nature, however, the right to privacy encompasses various forms and dimensions, among which personal data constitutes one of the most significant. The right to the protection and preservation of personal data is considered an inherent right closely associated with the individual, requiring that such data not be disclosed to others or used without the consent of its owner. In light of the foregoing, this study first examines the concept of the right to privacy and subsequently addresses the right to the inviolability of personal data as an integral component of the right to privacy. The study reaches a number of findings and proposals aimed at achieving its principal objective, namely, ensuring legal protection for the right to the inviolability of personal data.

In this research, we have discussed the jurisdiction and penalties that could be decided for incitement crimes through the media in Iraqi legislation and compared it with some other national legislation directions globally, our research revealed that incitement through media channels is one of the most serious professional breaches that could be acted by media and journalism means, furthermore, the Iraqi legislator breached the general principles of litigation about the crimes of publication and media only on some crimes such as slander crimes the incitement crime through media means are subject to judicial jurisdiction according to the general rules, eventually, we have provided the outcomes of the research and recommendations about the theme in concern, mainly, we have invited the Iraqi Legislator to consider preventative measures to punish the inciter and criminalize the media incitement as a separate offense and independently punish whoever acts it without linking it to the committed offense in order to reduce the likelihood of media incitement phenomenon

In recent decades, the international system has witnessed a marked increase in the use of energy as an influential geopolitical instrument in shaping relations among states. Energy is no longer confined to its economic or developmental dimension; rather, it has become a central element in power equations and national security strategies. This transformation became particularly evident after 2022 with the outbreak of the Russian–Ukrainian war, which underscored the strategic importance of natural gas in international interactions and revealed the deep interconnection between energy and political and economic stability in Europe.
Within this context, the study of the natural gas conflict between Russia and Europe emerges as a contemporary model of employing energy as a tool of pressure, bargaining, and the restructuring of alliances and international relations. Europe’s long-standing dependence on Russian gas created a form of energy cooperation that laid the foundation for complex relations characterized by an overlap between economic interests and geopolitical considerations. Since 2022, however, this interdependence has transformed into an open arena of conflict.
This research examines energy as an active and significant geopolitical instrument in international relations after 2022, with particular focus on the conflict over natural gas between Russia and Europe amid the transformations generated by the Russian–Ukrainian war. The study begins with a theoretical framework defining the concept of energy, its types, sources, and significance, highlighting its growing role in shaping balances of power and influence among states. It also reviews the development of energy relations between Russia and Europe through three main stages: the 1990s, marked by the restructuring of relations following the collapse of the Soviet Union; the early 2000s, characterized by increasing European dependence on Russian gas and the expansion of joint infrastructure projects; and the period following the 2014 Crimea crisis, which exposed the fragility of interdependence and led to the renewed use of energy as a tool of mutual political pressure.
Furthermore, the study analyzes the causes of the Russian–Ukrainian war and its repercussions on European energy security on the one hand, and on the Russian and European economies on the other. It also discusses the European Union’s efforts to diversify its energy sources and reduce dependence on Russian gas by turning to multiple alternatives, most notably the United States (liquefied natural gas), Norway, Algeria, Azerbaijan, Libya, and Qatar, while assessing the extent to which these alternatives can ensure sustainable energy security.
The research concludes that energy is no longer merely an economic resource but has become a significant geopolitical instrument in reshaping the international order. The war that erupted in 2022 represents a turning point in the structure of European–Russian energy relations, redrawing the map of gas flows and strategic alliances within the energy domain

Jurists have traditionally classified the sources of obligations into five categories: contract, unilateral will, unlawful act, unjust enrichment, and law. However, some scholars argue that describing these as “sources” is accurate only in a figurative sense, except for law, which is the true source of obligations. Since an obligation is a legal rule, its real source is the law or legal norm. Accordingly, in contractual obligations, the contract merely constitutes the legal cause, while the law is the actual source that gives rise to the resulting rights and obligations. This view is supported by the concept of unified liability in Islamic jurisprudence, where all obligations derive from Sharia regardless of the diversity of their causes.

This study examines the true role of the contract as a source of obligations through a legal and analytical approach and explores its implications for resolving the issue of dual civil liability. It investigates whether recognizing the contract as a legal cause rather than an independent source can contribute to eliminating the distinction between contractual and tort liability. The study adopts a comparative approach by analyzing the Iraqi Civil Code No. 40 of 1951, the Kuwaiti Civil Code No. 67 of 1980, and the amended French Civil Code of 1804. It concludes by proposing legal amendments aimed at providing a unified framework for civil liability and encouraging future legislative reform.

The research examines Turkish foreign policy toward Kazakhstan as a key model for understanding the new directions of Turkish foreign policy in Central Asia, a region that has gained increasing importance in regional and international balances since the end of the Cold War. The research aims to analyze Kazakhstan's place in Turkey's strategic vision, study the nature of the political, economic, and security orientations governing relations between the two countries, and anticipate the future of these relations in light of the geopolitical transformations taking place in the region.
The study employs an analytical approach, dividing the research into three main sections. The first section addresses the importance of Kazakhstan in Turkish foreign policy by analyzing its geopolitical and economic dimensions and its role in the regional balances of power in Central Asia. The second section focuses on the orientations of Turkish foreign policy toward Kazakhstan, analyzing the dimensions of political, economic, and security cooperation between the two countries, while highlighting the role of regional institutions such as the Organization of Turkic States in strengthening this cooperation. The third section examines the prospects of Turkish foreign policy toward Kazakhstan by presenting three possible scenarios for the future of relations between the two countries: continuity, growth, and decline.
The research concludes that Kazakhstan represents a significant strategic partner in Turkish foreign policy, given its geographical location, economic weight, and role in regional connectivity projects between Asia and Europe. The study also demonstrates that relations between the two countries are based on a combination of political, economic, and security interests, and that Turkey seeks to strengthen its presence in Central Asia through economic and diplomatic cooperation while avoiding confrontational approaches. The research findings indicate that the continuity scenario is the most likely for the future of Turkish-Kazakh relations, with the potential for development into a deeper partnership should transportation projects and economic integration in the region become increasingly important

International responsibility is considered a legal system in international law that formed an important focus for legal studies in the field of public international law because of the consequences of determining the damage caused by a person of international law and compensation for the injured person as a result of an act he committed. The principle of international responsibility remained in an objective development despite not codifying its rules from the International Law Commission As jurisprudence seeks to find a system of responsibility commensurate with the damage, and the matter has developed in the beginning in the basis of the principle on error, then the wrongful act, and finally the theory of risks or objective responsibility.
However, the development resulting from the study of the environment, climate change, and international conventions concerned with the environment showed a new type of responsibility called joint differentiated responsibility, which international jurisprudence supporting this principle considers its suitability for the situation of states and that it achieves justice and fairness with regard to climate

Artificial intelligence (AI) is one of the most prominent technologies of the modern era, representing a radical shift in how humans interact with technology. The concept of AI emerged as an ambitious idea aiming to mimic human cognitive abilities such as thinking, learning, and rapid decision-making. It has quickly developed into an independent scientific and technological field .
AI is the ability of digital devices and computer systems to perform complex tasks that, in their essence, mimic the cognitive processes of intelligent beings, such as thinking, learning from past experiences, and making decisions. The goal of AI is to design intelligent systems capable of behaving in ways similar to humans in terms of perception, understanding, analysis, and providing diverse services, including education, guidance, and effective and accurate user interaction. The right to privacy is a cornerstone of a democratic society, guaranteeing the protection of individuals' dignity and freedoms against intrusion and surveillance. With the emergence and development of artificial intelligence (AI) technologies, new challenges have arisen, necessitating a re-evaluation of traditional protection mechanisms. AI systems have become adept at collecting and analyzing vast amounts of data in complex and precise ways, enabling them to track individuals' behaviors and categorize them according to their personal and social patterns without their knowledge or consent. Existing legal frameworks for criminal liability related to AI-related crimes are insufficient, as AI technologies cannot be held criminally liable for actions that constitute a crime, since they lack legal capacity

The Federal Supreme Court issued its decision No. (105) on 9/4/2023, ruling that the law ratifying the agreement regulating maritime navigation in Khor Abdullah between Iraq and Kuwait No. (42) Of 2013 is unconstitutional, after the appeal submitted by some members of the Iraqi Council of Representatives before the court regarding the ratification that took place in 2013, due to the failure to achieve the two-thirds quorum stipulated in Article (61-Fourth) of the Iraqi Constitution.
Both the Presidency of the Republic and the Council of Ministers filed an appeal with the Federal Supreme Court, requesting it to reverse its decision, based on Article (8) of the Iraqi Constitution, which relates to the principles of good neighborliness, and Article (27) of the Vienna Convention on the Law of Treaties of 1969, which stipulates that domestic laws may not be invoked to implement international agreements. The lawsuit was later withdrawn following public and media pressure

This research deals with the problem of transformation in the Middle East under the conflict between Iran and Israel, as one of the main factors influencing the restructuring Regional and international power balances. The research aims to analyze the nature and dimensions of this conflict a statement of the extent of its impact on the stability of the region, and especially with regard to the security of the Arabian Gulf, waterways, and global energy supplies. He also sheds light on the positions of regional actors, primarily the Gulf countries and Syria and Lebanon, with the analyzing the differences in their policies towards this conflict in the light of their national interests, and their International alliances.
The research also deals with the implications of the conflict on the structure of the regional system in the Middle East, in terms of reshaping alliances, escalating international competition, and growing patterns Unconventional conflict, including proxy wars and cyber threats. As He discusses the possible future trends of the region in light of the continuation of this conflict, whether, at the level of political stability or economic security

Contemporary societies are facing a growing array of environmental challenges that pose a direct threat to efforts aimed at achieving sustainable development. Among the most pressing of these challenges are climate change, air and water pollution, loss of biodiversity, desertification, and the continuous increase in industrial and urban waste. These issues significantly affect natural resources and reduce the capacity of future generations to meet their needs, which stands in contradiction to the principles of sustainable development that rely on balancing environmental, economic, and social dimensions. This study aims to adopt effective environmental policies and integrate environmental considerations into national strategies, in addition to promoting environmental awareness and employing clean technologies. These measures contribute to environmental protection and ensure the continuity of development in the long term. The research concludes that overcoming these challenges requires international cooperation, the activation of legal frameworks and environmental agreements, and the essential involvement of local communities in decision-making processes to achieve the goals of sustainable development in a comprehensive and integrated manner

In light of the ongoing transformations within the international community driven by the continuous escalation of environmental issues—which are no longer confined to specific nations but have evolved into a genuine threat to the global ecological balance—human industrial, commercial, and technological advancements have led to environmental damages characterized by their transboundary nature. Consequently, addressing these challenges demands international cooperation to establish efficient legal mechanisms. Within this context, the role of international arbitration has emerged as an effective and flexible instrument capable of settling environmental disputes and providing compensation for damages resulting from such human activities. Moving to the procedural dimension, this study examines the operational mechanisms of international arbitration by analyzing the formation of arbitral tribunals, particularly within the framework of the Permanent Court of Arbitration (PCA) for environmental disputes. Furthermore, it delineates the regulations governing the selection of arbitrators and the conduct of proceedings, while exploring the stance and role of the general principles of international law in guiding the decisions of arbitral tribunals and conferring legal legitimacy upon them.

The Security Council, by virtue of its Resolution No. 2803 of 2025, authorized the establishment of an international transitional body with international legal personality, which it named the Peace Council, following the comprehensive plan to end the conflict in the occupied Gaza Strip. It was to take over the administration of the Strip and its reconstruction and stability. Initially, many countries, especially Islamic and Arab ones, joined it out of a desire to end the conflict. However, later the Peace Council organization was established, and some countries rushed to join it for reasons that may be political and related to the international situation and what is related to the Security Council and the problems of issuing international resolutions without the veto right, or to find a foothold and preserve their interests amid the changes on the international scene. Others had a genuine desire to establish peace and end the injustice and occupation against the Palestinian people.
This organization was not welcomed by all countries, but rather faced strong reservations and objections based on the fact that the council would turn into a parallel instrument to the United Nations and the Security Council and would create new international legal rules, and its working mechanisms might conflict with the Security Council. In addition, the form, conditions, and restrictions contained in the organization’s charter highlighted several problems, which were highlighted sometimes through a statement from the United Nations and sometimes by the countries. To reinforce this fear, some jurists pointed to this fear and apprehension of the Peace Council organization exceeding the goal for which it was authorized

The duty to mitigate damage, within the scope of contractual liability, has received great importance at the jurisprudential and judicial levels, as well as at the legislative level in some countries. In addition, this principle has been accepted and some international documents regulating world trade (such as the Vienna Convention) have been paid attention to for their unification of principles. Justice and fairness, as the duty to mitigate damage is considered one of the applications of the principle of good faith in contracts, and to establish the requirements of cooperation and solidarity in contractual relations, which imposes on each contracting party to take into account what goes beyond its interests, that is, the other contracting party, by assuming a positive obligation to promote the preservation of the contract. . This fulfilled the obligation of the creditor to take reasonable measures to mitigate the damage resulting from the inability of the debtor to perform the contractual obligation