AL-ANBAR University Journal of Law and Political Sciences

The study dealt with a topic of great importance from a practical point of view, in short, the number of legal actions that are concluded in order to satisfy the needs of individuals while maintaining the same result if it is not achieved faster. The chosen one takes the place of the contractor whom he chose from the time the contract was concluded with all the rights and obligations resulting from the contract, and an indication of the legal nature of this condition in order to distinguish him from the suspected assignment of the contract or agency (ordinary or forced), We simplified the study into two sections. In the first section, we dealt with the general framework of the report by contracting for third parties. Then, in the second section, we dealt with the legal nature of the report by contracting for third parties. We concluded the study with a conclusion in which we showed a set of results and proposals.

The idea of the real estate bond is an old idea, extending back to previous civilizations, in its organization it reached a sophisticated amount in its laws, chapters were devoted to regulating real estate property, and that organization developed to reach what it has reached today. The necessity of registering real estate rights in special departments, according to strict formalities, that enjoy - after their completion -an authority commensurate with the importance of those rights, which guarantees their preservation from abuse and expropriation, by fixing them accurately and regularly, according to sound legal foundations, that form fences that protect the interests of individuals, without which the matter becomes chaos, The Iraqi legislation is one of the first to implement a real estate registration system with advanced technical and administrative specifications, adopting - since 1958 - the real estate registration system, as one of the best real estate registration systems approved in today's comparative systems. Adopting a series of administrative procedures, each of which can be described -separately- as an administrative (decision), and therefore, it is correct to describe the administrative decision on property deeds issued by the real estate registration departments, and this trend has its reasonable support from the validity of the law, after it has proven effective in conferring legal protection on real estate bonds, which is what this study tries to shed light on

The water situation in Iraq indicates a real water crisis, due to the low levels of rivers coming from neighboring countries, poor water investment in the correct manner, and misuse of existing water, as well as climatic changes represented by high temperatures and lack of rain, which puts Iraq in front of real challenges. With regard to water, now and in the future, as well as the neighboring countries’ control of Iraq’s water resources and the establishment of many dams and projects and changed the course of many rivers, as well as using them as a pressure card on Iraq, which made Iraq suffer from a shortage in the amount of water and its pollution so that it became unfit for human use

The quest of the international community today to reduce environmental degradation has prompted it to rely on international organizations that have proven that they are able to direct their member states towards environmental commitments in a manner different from what can be practiced by states alone. In this regard, the United Nations was at the forefront of international organizations that had a role in the field of the environment. The green diplomacy of the United Nations was able to work to establish international mechanisms for preserving the environment, whether through agreements, treaties or programs affiliated to the United Nations. These mechanisms contributed significantly Significant in the presence of a legal form regulating the environment and working significantly to prevent the continuation of environmental decline. Green diplomacy, through its various mechanisms, has enhanced the contribution of poor and developing countries in decision-making in global policies, which can be considered a great success for these countries in engaging in global affairs and working to follow A policy that largely suits its requirements and problems, especially the environmental one

The parliamentary system is a model based on balance, cooperation and mutual control between the three legislative, executive and judicial authorities, meaning that the separation of powers in the parliamentary government is not characterized by stagnation, but rather a flexible separation based on cooperation and not competition or conflict This system arose for the first time in Britain and this system was characterized by an indefinite separation between the legislative and executive powers

The system of separate opinions is an English system of origin and applied in English courts. As for its appearance for the first time on the international scene, it was in the Hague Conference 1899 and 1907, and it is considered an essential guarantee for the freedom of expression granted to judges during the exercise of their functions by recognizing their right to append court decisions to their dissenting opinions, despite the importance of opinions. However, there is a lot of controversy among jurists about the pros and cons of this system and its usefulness, and the extent of its effectiveness in developing the rules of international law.
The system of separate opinions was mentioned in Article (57) of the Basic Law, as it stipulated that “if the judgment is not issued in whole or in part by unanimous judges, each judge has the right to issue an independent statement of his own opinion,” as stipulated in Article (95/2) From the court’s regulations that “every judge, if he wishes, may attach to the judgment a presentation of his individual opinion, whether it is contrary to the opinion of the majority or not, and the judge who wishes to record his approval or objection without stating the reasons may do so in the form of a declaration, and this rule applies to the orders of the court.”
And Article (107/3) of the Regulations in the section on Fatwa procedures stipulates that “every judge, if he wishes, may attach to the court’s fatwa a presentation of his individual opinion, whether it is contrary to the opinion of the majority or not, and the judge who wishes to record his approval or objection without stating the reasons may do so.” in the form of an advertisement.
The separate opinion, according to these articles, includes what is issued by the court in terms of judicial rulings, fatwas, or orders, and it is also optional and not binding, and it has importance in developing the rules of international law by establishing and confirming previous legal rules, revealing them, objecting to them, violating them, developing them, or forming a rule New .

Extracting financial rights is one of the issues known to the Arabs and defined by Islamic jurisprudence, as Islamic jurisprudence regulated the subject of winning the right, who urges its provisions and controls, so the creditor may extract his money from a right in the debt of his debtor without resorting to the judiciary as long as this right exists and does not expire by any means of lapse and it was immediate It is not deferred and it was one of the financial rights, just as not all rights can be extracted without the need to resort to the judiciary. There are rights in which the nail is not permissible, i.e. extraction, and there are disputed rights, and there are rights that the creditor may extract. As for the laws, some of them mention the nail incidentally without stating its provisions. And its controls, including those who did not mention the nail at all, content with the general rules if they were sufficient, and in the case of insufficient reference to custom and the principle of Islamic legitimacy, and according to the different positions of the laws, the judicial opinions differed on the subject, there are judicial decisions based on the idea of winning the right, and there are several judicial opinions to extract the right without resorting to The judiciary is a theft crime for which the law is held accountable

Banking compliance is one of the methods of internal control over banks, if this task is undertaken by a person called the compliance controller who follows up on the extent of the bank’s compliance with the regulations and instructions, and the importance of research is the important and vital role that the banking sector plays in the process of economic development and the need for this sector to be committed to the instructions and regulations of the bank Central.
The research problem appears in the absence of an integrated legal regulation of banking compliance. The Iraqi Banking Law did not specify its concept, its powers, and the nature of the legal responsibility entailed in the event of a breach of its legally imposed duties, as well as the failure to specify the legal status of the compliance controller. The research adopted the comparative analytical approach, and it was reached at the end The research leads to a number of results and recommendations, and among the most important recommendations is to invite the Iraqi legislator to define the concept of the compliance controller explicitly and clearly in the applicable banking law and to define his powers and powers and the nature of the responsibility that entails if he violates the duties imposed on him by law.

Education develops human capabilities in managing various aspects of his life, and qualifies him to exercise the basic rights and freedoms guaranteed to him by international charters and national legislation.
Given the urgent importance of caring for the child, as it is linked to one of the vital and main components within societies, ensuring his right to education is one of the major priorities that the international community seeks to achieve. Ensuring the provision of primary education for all children has become one of the third Millennium Development Goals, set by the United Nations General Assembly in 2000. This prompts the following problem to be posed: To what extent international conventions ensure that all children without discrimination are able to enjoy this right, including children Refugees and immigrants? .

The tripartite summit is one of the most important external arrangements that Iraq joined in June 2021, hence the importance of the study stems from an attempt to explain the role of Iraq in promoting the tripartite summit and applying its outputs on the ground, and the future implications of this role. Higher and achieve the goals set by the summit due to the presence of ingredients that rise to the level of these goals, and the possibility of retreat, which depends on the presence of a number of internal and external obstacles

The identity crisis is one of the crises inherent in many developing and even developed countries of the world, as it is linked to psychological and social representations that expand to take a decisive political direction that may be a reason in determining the future and existence of it , and when it comes to Iraq, this crisis is considered inherent to the existence of the state since its inception in 1921, and supports the events History played the decisive role of this crisis in exposing the reality and future of the Iraqi state to risks and paying the exorbitant bills for not being properly dealt with by the successive regimes in Iraq, which focused on concealing it and practicing the security solution with a political, national or sectarian touch with negative , until demonstrations came in 2019 and the slogans and demands put forward by the youth that take into account the material aspects of the socio-economic dimension, which could serve as a basis for re-discussing this crisis by elitist and academically in a way that develops practical and effective solutions to end it, which requires joint efforts between state institutions and the people in order to deal With it, according to methods that put the individual interest of the citizen in the priorities of building the national identity and rewrite the social contract between the citizen and the state in the form of Which guarantees a better future for Iraq, the government, the elite and the people.

Because of the regional changes, many Arab countries faced several security challenges due to the trends of the regional power surrounding the Arab region, especially the development of Turkish-Israeli relations and. Iranian ambitions in the region
In order to face these challenges, some countries worked to form security and military alliances in order to face these challenges and work to rethink their relationship with Israel and conclude deals with it, such as the. deal of the century and others
While other countries remained hesitant in their decisions or conservative in their positions in light of the absence of a strong and inclusive position of the League of Arab States regarding these changes, so that each individual country dealt with external threats away from the position of the League, which encouraged regional powers to intervene

The issue of managing diversity in a pluralistic society falls within the purview of national policy aimed at seeking social integration rather than conflict. This pluralism takes many forms in society such as religious، ethnic، cultural، political and ethnic pluralism. Thus، the mechanism of the state's dealings with its various apparatuses with ethnic، racial and religious pluralism through its strategies، policies and laws is what determines the extent to which this pluralism becomes a factor of stability or instability. Therefore، this study aims to investigate the hypothesis that there is a close relationship between managing diversity and its mechanisms and procedures، and protecting the unity of the country's territory and its political stability. Also، this study will try to answer a number of questions، including what is the concept of diversity management? What is the concept of political stability and what are its most important manifestations? And to what extent did the existence of many diversity management mechanisms help to achieve relative stability in consensual democratic societies? The study concluded that the issue of managing diversity in pluralistic societies falls within the policies of states، in order to try to achieve social integration instead of conflict. And the phenomenon of political instability has negative effects on many political، economic and social variables. And that the mechanisms for managing diversity in consensual democratic societies aim to address the problems and divisions of multiple heterogeneous societies and to deal with those societies with the least amount of losses and the greatest amount of profits. Finally، the study recommended that the political system adopt specific strategies and programs embodied in the constitution that enhance the process of integrating، enhancing، preserving and perpetuating this social، cultural and religious diversity

The idea of the study is summed up in the political philosophy of the most prominent Zionist figures influencing Israeli thought, and for one of the most active Zionist political movements within the state and the ghetto, and how Vladimir Japtunsky influenced the Zionist movement, criticizing the Zionist movement at the same time, and the pioneering role he played in serving the State of Israel.
And the contributions made by Jabotinsky to the formation of most global terrorist organizations, the foundational movements of Zionist / Israeli thought and his role in the formation and establishment of the State of Israel and the consolidation of its roots in the region and the world.
Where his direct contribution to the effective and dynamic formation of the establishment of Zionist organizations, movements and associations such as World Zionism, the World Federation of Revisionist Zionists, Beitar, Agudat Israel, the Reform Party, the New Zionist Organization, Revisionist Zionism, in addition to the establishment of armies and military battalions such as the Mule Corps, the Haganah

Legal security is one of the main principles that every country seeks to achieve within the framework of its legal systems. Because it is the basic criterion by which the quality and effectiveness of legal rules are measured in order to achieve their goals. Whenever these rules are characterized by specificity, clarity, stability, and expectation for the individuals to whom they are addressed, there will be stability and guarantee in the various legal centers, and this concept has several considerations and manifestations that appear clearly in the criminal law, and it is our goal to study this subject, because the lesson is not the accumulation of criminal legal texts to achieve legal security, Rather, what matters is the credibility and validity of these texts and the extent of their clarity and non-conflict. There is no doubt that criminal texts have an impact on achieving legal security and changing its course in terms of existence and non-existence. Therefore, legal security in the field of criminal law requires sound legal grounds, starting from the quality of preparing the legal base until its application and implementation on the ground.

The subject of litigation is one of the important procedural issues in the Civil Procedures Law, as it is agreed that certain conditions must be met to accept the consideration of the case before the judiciary. At the forefront of these conditions is the condition of litigation and capacity, which must be met by both the plaintiff and the defendant, which means that there is a connection Between the persons of the lawsuit, the plaintiff and the defendant, and between the right and the legal position in the lawsuit, and are these procedures the same as those used in corporate lawsuits, or are there special provisions in the Companies Law regulating this؟ Especially since there was no specific definition of litigation procedures, neither in the Companies Law nor in Iraqi legislation, and also that jurisprudence did not agree on a unified definition of it, which, in our opinion, led to its confusion with other procedural works similar to it.

Through the foregoing, international crime can be defined as any act or omission that affects major international or fundamental interests with a harm that is prohibited by international custom and calls for punishment against it and is against a private interest and not a public one. As for the political crime, it is also stipulated in the national criminal law, but it is distinguished from the domestic crime in that there is a political motive that motivates the perpetrator to commit it, or the political nature of the protected interest that has been attacked. As for global crime, there are basic and common values in the international community that countries may work to maintain and prevent abuse. This position takes a global character, such as (counterfeiting currency, slave trade, women and children).
It has been forbidden by the various countries that are working to combat it, yet it is considered an internal and not an international crime because it is stipulated by national legislation and is the jurisdiction of national courts. Crimes are provided for by man-made laws, and therefore are considered internal crimes, unless there is an international element here. They are considered international crimes. As for the terrorist crime, it is difficult to distinguish between it and the international crime in terms of jurisprudence and law, as there is both internal and external terrorism, and many man-made laws have dealt with the crime of terrorism, but there was confusion between it and international crime.

The efforts of the researchers varied at all levels as well as on the legal level, and those who tried to confront the Corona pandemic, and on the legal level, the researchers made great efforts to identify the legal problems that resulted from the spread of this epidemic in the world, and that the follower of the Iraqi penal texts finds that it has shown with it the criminal responsibility of those who commit An act that would spread dangerous epidemic diseases, regardless of the legal qualification of this responsibility. In this research, we will try to clarify the legal texts that dealt with the spread of epidemics and diseases, and show the extent to which the legislative formulation could contain them. In order to determine the most applicable descriptions in a way that ensures the infliction of an appropriate punishment on the perpetrator and in a way that provides the highest levels of penal protection for the criminal interest represented by the safety of people’s health and the protection of their lives

The Media and Communications Commission was established in Iraq under the order of the (dissolved) Coalition Provisional Authority No. (65) of 2004 , The authority is the first of its kind in the Middle East, and it is an independent body that is not linked to any government agency It bears sole responsibility for regulating and licensing wire and wireless services, transmission and broadcasting services, information and media services in Iraq. The Authority exercises its duties in accordance with the principles of objectivity, non-discrimination, proportionality, and the followed legal rules and procedures. And based on the fifth section of the order (65) for the year 2004 in force, the Commission alone has the exclusive right to regulate the work of media and communications and to issue blogs on behalf of the Iraqi government

The scientific development that the world has witnessed in various fields has played a great role in the development of communications facility in general and mobile phone sector in particular, which in turn has led to mobile phone services becoming one of the necessities of life for most, if not all, members of society, which necessitated the organization of this activity through the emergence of systems that broadcast this activity after obtaining the necessary licenses from the competent administrative authorities. Since these licenses are characterized as administrative decisions issued by the competent authority in this regard, their issuance must take many steps and procedures starting from submitting the application from the authority requesting Licensing and ends with the issuance of the licensing decision. So, we will get acquainted with those procedures of granting administrative licenses for mobile phones by dividing this research into three demands. In the first requirement, we will deal with the mechanism of granting administrative licenses for mobile phone activity. The second requirement will deal with the extent of the administration’s authority to grant licenses. As for the third requirement, we will deal with the mobile phone licensing contract.

China has pursued from the outset a foreign policy characterized by pragmatism in an attempt to expand the circle of its relations and partnerships with the outside world to achieve its goal of strengthening its position and reaching the role that it has drawn in a way that befits its position in the international environment, and in order to reach this endeavor, it has employed its soft diplomacy without relying on means The other is force, and this is the path that China has taken throughout its history in an attempt to influence its region, extend its influence and enhance its role and international standing. As China has become a global aspiration, through which it is trying to achieve the renaissance of the Chinese nation, and an attempt to build a new era different from the Chinese vision of the Western civilization that dominates the world, as China deliberately merged between the socialist ideology and the requirements of the international community, and focused in particular on adopting Socialism with Chinese characteristics, as a major determinant in the context of its pursuit of the objectives of its foreign policy, in order for Beijing to integrate with the liberal international system, and in order to achieve this, China relied on soft diplomacy as the best way to reach its goals and build and strengthen its position in the international environment

The study seeks to analyze the foundations of German-French relations within its European framework, in the light of their endeavor to lead the European Union, as each of them has reconciliation and goals that it seeks to achieve from cooperation between them, and with their achievement of their interim goals from that cooperation, roles changed and differences appeared on the surface, and each of them went to achieve their own goals and reap the benefits. The German-French disputes have a great impact on the European Union as a supranational federal entity. Both countries have a fundamental and pivotal role in it. The study also provides a systematic scientific analysis of the dimensions of the German-French disputes and their impact on joint European projects, where these differences vary between energy files, defense policies, and relations with China, as the German vision differs practically from the French vision with regard to these controversial files.

The issue of human organ donation is still a subject of controversy among contemporary jurists, which makes it difficult to document everything that has been said about donation operations in conferences and symposia that are dedicated to this.
This research attempts to identify the most important jurisprudence rulings that have been said regarding the legality of donating human organs from a living person, and compares those rulings with the legal texts in man-made legislation.

Due to the great importance of the role of the internal security services in maintaining civil peace and security, and the challenges faced by the members of these agencies in achieving the tasks entrusted to them, and they may commit acts that are considered in violation of the laws and regulations related to the tasks entrusted to them, we had a pause with this topic to research into the details of the (Disciplinary Court), which was formed according to (Iraqi Internal Security Forces Procedures Law No. 17 of 2008), as it is one of the courts that examines the actions of members of the internal security services that violate the law. Furthermore, we discussed the details of the brief trial adopted by the procedures of this court. We have also clarified the penalties that apply to this court, as well as the guarantees that must be available at this type of court, and we do not fail to address the methods of appealing these penalties, and the supervisory authorities of this court.

The Geneva Conventions are the most important tools at the present time to protect the protected persons during international and non-international armed conflicts, starting from the nineteenth century until now, by providing the protection of the vulnerable, non-combatants, or those unable to fight from the wounded, sick, or Prisoners of war. These Conventions have faced many criticisms, whether they are devoid of some basic texts of protection, or that some of their provisions are shortened. But on the other, these Conventions have a great merit in establishing the foundations of international humanitarian law, so that the provisions stipulated in them have become one of the most important principles of this law. These Conventions also stipulated a mechanism for monitoring and implementing its principles through the system of the protecting state, which is basically a neutral state in the ongoing armed conflict and seeks to protect the interests of the parties to the conflict after the conditions stipulated in these Conventions and the annexed protocols.

The fourth industrial revolution, which has become known as the “digital revolution”, has resulted in a tremendous and rapid development in the field of information and communication technology, artificial intelligence systems and its various applications, most notably robots, which have become an urgent and necessary need in many different areas of life, especially super-intelligent robots, which have become capable of comparable to Human capabilities and sometimes even surpass it; which made legal scholars puzzled and hesitant in determining the legal basis of civil liability for the damages caused by these unique and distinct beings in their abilities and their successive self-development; which in turn will be reflected in the extent of human control over them and their relationship with them and the damage that may be inflicted on them as a result of carrying out their activities; which It necessitates the necessity of clarifying the adequacy of the general rules of civil responsibility to keep pace with this rapid development in robotics, especially in light of the legislative absence of these intelligent systems.

The recent devaluation of the Iraqi national currency has led to many positive effects of encouraging the national product by encouraging exports, reducing imports and increasing financial revenues to address the financial deficit from which the Iraqi state suffers, in addition to the negative effects that appeared early and directly on the poor and those with limited income. Through high prices in the markets and an increase in unemployment and poverty in the country