Basra studies journal

The translator`s responsibility is tackled in this research. Whether it is a tortuous or contractual. Firstly, the former will be approached, by examining the translator`s position in some contracts. Also, it is vital to discuss his position to indicate the cases of his negligence for civil accountability. As for the latter, it is necessary to examine the statement of the conditions that must clarify his responsibility. Then, the legal nature of the translator`s relationship with his client should be recognized. This includes the legal nature of the translator's relationship with his client, whether it is a contracting contract, a work contract, or a contract of a special nature. Moreover, this obligation should be analyzed to function a care or to achieve a goal. Finally, the statement of the conclusions reached through the research. And, it is recommended that the Iraqi legislator is the main source of regulating the translation profession with its own legal rules, on the basis of which the responsibility of the translator is determined.

International law was concerned with the issue of international rivers and their use for non-navigational purposes. And, the study of water received a special priority at the present time. According to population growth and economic development, the supply and demand for water in the Arab world increased. The political pressures are viewed by the unfair exploitation of water by the countries of the source of the rivers. Nowadays, these countries build dams and large water projects that imprison water and store it in large quantities. This, greatly and seriously affects the security of those countries and makes it brittle to the political challenges. There are several principles and rules regulating the operations of using the waters of shared rivers at the international level. The agreement on the use of estuaries for non-navigational purposes came in 1997 AD to stipulate in its articles and refer to these principles, which must be observed and respected by the basin countries.

The development of commercial and economic activity in Iraq after 2003 was accompanied by the emergence of the need for a specialized commercial judiciary that provides a safe environment to attract and encourage investment. Judicial specialization is not achieved unless it accompanied by the presence of judges specialized in the commercial aspect. Furthermore, this commercial courts cannot meet that if they are competent qualitatively considering all commercial cases, and despite the judicial authority's interest in the commercial judiciary in Iraq. But, it was not at the required level ;it was limited to commercial lawsuits in which one of the parties is non-Iraqis. Also, the same procedures followed in the civil courts despite the specificity of commercial lawsuits that need a quick and complete judiciary. Thus, it is vital for the researcher to shed light on the specific jurisdiction of those courts through a study the commercial judiciary of the comparative countries (France, Egypt,and Saudi Arbia) and an attempt to benefit from their experiences and diagnose their negatives to advance the reality of commercial courts in Iraq.

The duty to prevent and suppress the commission of crimes is one of the important duties entrusted to the policeman in the field of security. There is no doubt that the crimes of armed clan conflicts fall within the responsibility of the policeman and are determined by them when they occur within the constraints of their security responsibility, and what emanates from the danger of these conflicts, whether they are immediate and unorganized or an organization. It is called a tribal tradition (the clan bench). Next, the judiciary has dealt with this type of crime as having a terrorist nature.
The investigation into the crime of violating the duties of a policeman during armed tribal conflicts is a correction of police action within the general framework of the security function in maintaining security, public order, spreading reassurance within the community, and preventing attacks that may occur from one to another.
It was also searched to verify the responsibility of the policeman for violating his duties in the event of their fulfillment in accordance with the general principles in the amended Iraqi Penal Code No. (111) for the year 1969, and the appropriateness of the principles in terms of shedding the same criminalization tools after making legislative amendments to the criminal models of Article (331) penalties. And the penalties for the Iraqi Internal Security Forces No. (14) of 2008, as amended in Article (27) of it. The criminal responsibility of the policeman during these crimes is achieved in violating orders or violating the prevention of their commission, since the duties of the policeman in preventing, combating and preventing crimes are carried out in the framework of legitimacy, the rule of law, and accountability when deviating from it or not complying with its implementation.

The right to know goes hand in hand with the extension of democratic culture and the establishment of the rule of law and the ability to govern with integrity and clarity. And, this is achieved by the commitment of departments to spread information and the availability of effective mechanisms through which the public can obtain information and access to information to achieve transparency in the work of the executive. It also strengthen the unity of the state to avoid the collapse of the country. On the other hand, the expansion of transparency is not understood without restrictions and limits. Moreover, the greater the degree of transparency, the greater the degree of sense of equality and justice, and results in efficient decisions related to the institution. State should move away from the secrecy in the realization which is considered as the cover for the senior positions holders to legitimize corruption in state facilities, especially in the framework of the selection of ministers, and ministerial platform, which is the base for the Council of Ministers in his works.
The research problem lies in whether the Iraqi constitutional legislator obliged the Prime Minister to follow transparency when naming his cabinet. And, how far there is legal regulation that enables citizens to be informed of the actions of the Prime Minister when choosing a cabinet in order to ensure the selection of the most qualified personnel to fill ministerial positions. In addition, is there transparency in the numbers and implementation of the government program voted by the House of Representatives when granting confidence to the cabinet?
Accordingly, the research should be divided into two requirements. Firstly, the definition of transparency and its legal basis should be recognized through two branches. We devote the first to the definition of transparency, and we show in the second section the legal basis for transparency, and we highlight in the second demand the transparency in the work of the Prime Minister through two branches. We will study in the first the transparency in the field of choosing Ministers, and in the second branch, we will discuss transparency in the ministerial curriculum

The rule of defective execution of the contracting contract is represented in the beginning with the implementation in kind. Whenever this implementation is possible, the employer can demand the contractor for it and oblige him to perform the work according to the conditions that were conducted between them. In addition, it must not cause fatigue to the contractor on the one hand, and if it is overburdened, then abandoning it should not cause serious harm to the employer on the other hand. But if these conditions are not met, the employer may not demand the implementation in kind. But he has the right to demand execution in return for any compensation. This compensation is either a monetary compensation which is the original. Or it is a compensation in kind. As for the latter, either it was in the form of restoring the situation to what it was before the contractor by answering the same. Or in the form of doing an action. Finally, the employer may demand the termination of the contract if he does not find in the previous two ways feasible for him to remain.

The International criminal police organization is a police and global organizations that actively contributes to activating the procedures of international police cooperation between the member states of the organization through its central offices in the member states of the organization through its central office in the member states of organization. It includes the Iraqi central office of Interpol ,which was established after the accession of the state of Iraq to the International criminal police organization in 1967,at the 36th session of the General Assembly of the International organizational in Tokyo, Japan . The accession agreement was ratified under Law No.204 of 1957 and the Iraq central office for Interpol exercises of its functions in cases of receipt and extradition of criminals from Iraq and other countries in coordination with the General Secretariat of the International Criminal police organization in this scope ,he has various activities in the extradition of criminals ,foreign militants, and dowry money and antiquities

The theory of emergency conditions emerged as a legal adaptation of the Corona pandemic in order to address the fatigue in contractual obligations according to the effects of this pandemic and the subsequent administrative measures that included the general closure of various and unnecessary life facilities, and this theory witnessed recognition by the French legislator in his amendment of the Civil Code. In 2016, therefore, the research sought to clarify the position of legal legislation on this theory in light of the Corona pandemic. The study included Iraq, Egypt and France, as well as the position of the Vienna Convention and the unidroit principles of 2016 and the International Chamber of Commerce, which issued an update to the rules of the theory in 2020, and the research also sought to approach a statement regarding a general trend that adopts the principles of this theory. This is embodied in a set of judicial decisions issued by the various judicial bodies competent in this regard.

The issue of the abuse of prohibited steroids is one of the most sensitive topics in the current era. Especially in the field of (sports bodybuilding). This sort of abuse is very common, whether it happens during the training phase in fitness halls or when participating in various competitions and Olympic Games due to the fact that they depend on the use of Sports steroids to increase the efficiency of athletes and win competitions. These drugs are frequently used by athletes illegally away from the medical field on different occasions without consulting specialists. The frequent usage goes back to the reason that in Iraq there is no special law that opposes and struggles against the use of steroids, which has greatly harmed athletes.
This study discusses the nature of the civil liability of the coach and the athlete when using dangerous sports drugs illegally and outside the scope of medical care. They belong to contractual liability that together represent a contractual group. The coach’s liability is tortuous as an exception in other cases. This study also discusses cases in which the athlete himself is responsible for the damage due to the use of prohibited sports stimulants, and this is what causes the coach’s responsibility to be reduced from participating in the harm events and in the case of joint negligence and acceptance of sports risks.

The issue of civil liability arising from production of pharmaceutical factories is one of the delicate and important issues in our time. This is due to the importance of pharmaceutical products in human life and the danger it causes to his life if a mistake occurred during the manufacture of the drug. In this study, we dealt with the civil liability of the factory in light of the general rules, through the statement of the contractual and tortious responsibility of the pharmaceutical factory. It is found that that the Iraqi legislator and legislation (that we are talking about) have prevented any direct connection between the factory and the consumer and restricted the sale by official authorized. Thus, the contractual connection between the two parties is impossible to occur. Then, it is impossible to imagine the contractual responsibility of the pharmaceutical factory against the injured part. It is realized that the provisions of tort responsibility are not commensurate with the aggrieved party in terms of the drug because it is difficult to prove the mistake made by the factory. Also, it is realized that the rule of guarding things leads to factory evaded responsibility.
Our research is about the objective responsibility as a basis for the responsibility of the factory. As we realized that this type of responsibility is not contractual or tortuous. But it is rather an objective responsibility based on a damage nor an error, which was approved by the French legislator and incorporated into the civil law.

The Iraqi constitutional legislator defined the federal authorities with three powers, namely (executive, legislative, and judicial) in accordance with the text of Article (47) of the Constitution of the Republic of Iraq for the year 2005, and created bodies and institutions of an independent nature. Some of them existed previously before the establishment of this constitution, and others created them according to constitutional texts and referring their formation and regulation of their work by law. And, among these bodies (the Federal Public Service Council) the legislator has been granted legal personality and financial and administrative independence. It is necessary to find real guarantees to support the work of the Council and for the purpose of translating the privileges granted by the legislator to the Council, as well as creating restrictions and a relationship between the Council and other authorities, to ensure the legal unity of the state.

In every state there must be a constitution that is superior to the rest of the other legislation in the state. And, this constitution includes the general rules for regulating power, rights and freedoms that are often stipulated in the constitution. The constitution often provides this protection for its rules, by stipulating the existence of a supreme judicial authority represented by the Constitutional Court entrusted with protecting constitutional legitimacy and addressing any violation that the constitution may be subjected to. It is exposed to a violation or aggression against its constitutional rule. This is why we find that the constitutional courts have a great role in protecting the constitution, as well as interpreting its rules and drawing a work map for the ordinary legislator so that he does not fall into the same mistake in case he violates the constitutional controls.