AL-ANBAR University Journal of Law and Political Sciences

The attacks of September, were a watershed in changing America's plans towards the Middle East, and they brought about a profound change in American strategic thinking and a radical shift in its international priorities. The thrust of this principle is the use of American power and power to protect its security, perpetuate its interests, maintain its hegemony and spread its principles, especially since it has a number of goals that it worked to achieve through these attacks, and through which it was able to redeploy the American military forces In the region in a manner that provides it with the ability and flexibility to reach the farthest point of strategic importance in the region, and it was not satisfied with that, but rather strengthened the region with military bases surrounding it from all sides and directions, especially as it considered the Middle East region the main focus of terrorism, and for this reason it put the slogan of fighting terrorism in Introduction to the goals that it sought to achieve by various means and tools, and in this context it declared war on Iraq under the pretext of supporting terrorism and seeking to obtain weapons of mass destruction and supporting terrorism

Analogous to other types of disputes, the administrative disputes relevant to administrative decisions definitely have an end. Generally, several ways to end these disputes exist, either by the wills of both dispute's parties or by the unilateral will from one of them. This research, however, studies the end of administrative disputes through the unilateral will of administration (as one of the parties of the dispute) by withdrawing its decisions subject to the disputes.
Despite its simplicity and time-saving characteristics, this way of ending disputes yet faces multiple problems including its apparent contradiction with both principles of non-retroactivity of administrative decisions and acquired rights. Thus, achieving a balance between these two later principles on the one hand, and the principle of legality on the other, requires a detailed study to reach appropriate legal solutions. The research concludes that the administrative disputes relevant to administrative decisions can be ended by withdrawing the decisions, provided that the withdrawal is concluded within the legal period for contesting the decisions, taking account of the exceptions available in this regard.
It recommends the amendment of Article 7(seventh) of the Iraqi Council of State Law No. 71 of 2017, by adding a new paragraph separates between continuous and non-continuous decisions, as the lapse of judicial contest period does not provide immunity to the former ones. Additionally, it also recommends providing the administration the right to withdraw inappropriate correct decisions during the contest period, provided that the withdrawing decision is subject to the oversight of administrative judiciary.

This research deals with the rules regulating the patent, regarding the objective and formal conditions to acquire it, the granted rights and imposed obligations by it, and the causes of their expiration. Showing that despite of national and international endeavors, the legislators didn’t reach to adjust and stabilize the rules ensuring the treatment of all the matters ramified from the problems surrounding the patent. Attaining to the recommendations that the researcher believes must be taken into consideration to resolve these matters and problems

Preemption is the right to own the sold property even if it is forced upon the buyer, with the usual price and expenses, so ownership of the property by way of preemption is only after paying the real price at which it was sold to others in addition to the expenses, and therefore determining the real price requires special accuracy in the legislative treatment, because it violates the general rules in the field of freedom of disposal of property, which stipulate the freedom of contracts and the freedom of the owner to dispose of his property.
There is no doubt that the issue of the real price in the right of pre-emption raises many problems, especially if it is related the possibility of amending the price named in the contract and whether it is valid between the seller and the buyer; whether the preemptor is obligated to pay the increase in the price to the buyer and whether the buyer benefits if the seller reduces the price.
The reason for approving pre-emption is to prevent harm which may cause to the pre-emptor. The right of pre-emption has many characteristics such as : an exceptional right, indivisible, a right that can be inherited, and a right that may not be disposed of to others, so the main goal of approving pre-emption for the partners is Enabling them to prevent a stranger from taking possession of their partner’s share for fear that this person will be unwanted and cause harm. Preemption is a right that allows the intercessor to take the place of the buyer under the conditions and conditions stipulated by law.

In line with the expansion of Humanitarian Non-governmental organizations activities and its scope in Iraq, its daily contact with the individuals is getting increased, and a critical aspect of this contact is related to processing of personal data of those individuals. In absence of data protection law in Iraq, this data processing has been subject to plenty of question marks in terms of its usage and proportionality with the purposes that the data has been collected for, then the penalties that will be applied to the people who violate the privacy of such data, especially the sensitive data. Any violation of this privacy will result in negative consequences and damage for victims either in their person, property, reputation, or families. One of the questions that is being repeated is the criminal liability of humanitarian organizations about the crimes that are being committed by their employees in violation of personal data privacy.
There is no doubt that personal data is an essential pillar of the right to privacy and freedom in private life, and these rights have been guaranteed by constitutions and singled out for special legal protection.
The legislative gap in Iraq for having a special law for the protection of personal data, the criminal protection of such data and the criminal liability of NGOs seems incomplete, which requires the intervention of the legislator to determine the borders of this criminal protection and the criminal liability of NGOs, particularly taking in consideration that such NGOs are in direct contact with vulnerable people that could be subject to crimes more than other
The foregoing was the motive for our research in the criminal protection of personal data of individuals who deal in any way with humanitarian organizations, as we tried to draw the features of criminal protection and clarify the legal framework and conditions for establishing criminal responsibility for humanitarian organizations, in addition to our discussion of the forms and elements of personal data crimes and the extent of the overlap of personal data in the work of humanitarian organizations

he incomplete right occupies a middle place between the rules of law and the rules of morality. If the law does not care about purely moral duties, such as benevolence to the poor, and the obligation to provide for those whom a person is not legally obligated to provide for, as it is left to the rules of morality, the commands of religion, and the conscience of the individual, then the incomplete right floats on the The surface of the legal rule and does not delve into it, so that it can be said that the law has infused a little of its spirit into it, contenting itself with establishing its obligation on the debtor without granting the creditor the authority to force him to fulfill it, and the Iraqi legislator did not address the idea of an incomplete right or natural obligation with clear and comprehensive texts capable of making it a right that stands next to it. The two types of right are known, and the importance of the study is evident in clarifying the difference between the right when the law provides it with protection and when it strips it of it, and does the right remain a right if it is stripped of protection? The answer is definitely no! Therefore, this study came to clarify the legal status of these rights, and how to make them effective in the eyes of the law and worthy of the legislator’s attention.

The administration has material and legal means to perform its tasks, so it resorts to using these means when individuals refuse to implement the orders and decisions of the administration. To previous or administrative removal, and direct execution has cases that are applied when available, such as the existence of a legal text permitting direct execution or a state of necessity, and from the material means also is the administrative penalty, which is either a non-financial penalty such as withdrawing a license, warning, or administrative detention, or it is a financial penalty such as imposing a fine or confiscation administrative. The researcher also reached several results, the most important of which is that the suspension of Article (11) of the Irrigation Networks Maintenance Law No. 12 of 1995 by the Federal Supreme Court included the entire text of the article in which there is a constitutional violation by granting the power of imprisonment and arrest to the administration, and it also included a text that does not have a constitutional violation, which is imposed The administration has fined the violator, and the researcher reached a number of recommendations, the most important of which is the call on the legislator to amend the text of Article (6) of the Irrigation Law No. 84 of 2017 by specifying a time period to end the temporary water cuts or linking the termination to an action issued by the violator, such as removing the violation

In this research, we dealt with the concept of fall of the procedural right and distinguishing it from other legal situations, such as invalidity, non-existence, and non-acceptance. For this reason, we followed an analytical approach to study the subject in Iraqi law, especially in the Civil Procedure Law, and we concluded through this study that the Iraqi legislator did not define the meaning of fall of right as a legal concept, but rather dealt with it as a penalty and effect resulting from not exercising the right in the specified time. To practice it, or as a consequence of practicing it in a way that does not comply with what is required by the legislator, noting that the penalty for fall of right is considered One of the most severe and dangerous procedural penalties, where when the procedural right falls, the substantive right with its two elements (indebtedness and responsibility) falls with it, and the opponent cannot claim it again.
So we suggested to the Iraqi and Kurdistan legislators (in the event of amending the Law of Proceedings) to define the concept of fall of right and its cases accurately, because fall of right is one of the most serious penalties facing the right holder

This study addressed the issue of electoral appeals under Jordanian legislation (club elections as an example), where the Jordanian legislator guaranteed those harmed by the electoral process to resort to the judiciary and challenge the election results according to specific legal methods.
Here the following problem arises: the extent to which the Jordanian legislator is able to guarantee the electoral process in a way that ensures adherence to the principle of legality.
The study reached results, the most important of which is that the Jordanian legislator established specific legal controls to ensure that the principle of legality is not violated with regard to the electoral process in general and club elections in particular. The study also concluded that parliamentary or municipal electoral appeals are subject to regular courts, as stipulated in Article (5) of The Jordanian Administrative Judiciary Law stipulates the powers of the Administrative Court to hear appeals, including appeals related to Jordanian club elections.
The study recommends that all electoral appeals by parliamentary, municipal, unions, clubs or associations be placed under the jurisdiction of the administrative judiciary due to its precise jurisdiction and speed of completion. The study also recommends that the aim of the appeal should not only be cancellation, but rather correct the result if possible and announce the winner of the election. Without canceling and resorting to new elections.

Hate speech has become one of the forms of threats that threaten the occurrence of crimes that may amount to serious international crimes such as genocide and other crimes, and history has provided us with many forms of crimes caused by this speech, as it (hate speech) is based on spreading feelings of hatred And contempt towards a certain group in society for reasons (nationality, race, or religion), so that these feelings are a reason for generating hatred among one group towards another group, and this is a reason for committing crimes.
Here, we would like to point out that hate speech takes many forms and forms. It may be verbal or through writing. Contemporary technological development has facilitated the broadcasting of this speech among the public, through social media (Facebook, or Twitter), as well as the media that practices it. The other plays a major role in inciting hatred.
In view of this and the danger of this discourse on societal peace and peaceful coexistence, the international community has worked to combat this discourse through the conclusion of international agreements and declarations. Public companies in the field of social communication also contribute to the control operations by setting certain controls for the discourses that are downloaded on social networking sites. Where it stipulates that it does not include expressions that incite hatred, but despite these efforts, the reality proves to us that the index of these speeches has increased recently, and perhaps the main reason for this is due to the lack of direct and serious treatment of this phenomenon by the international community as well as the weakness Internal control of this phenomenon.

The state is seen as a key subject by international law, which governs relationships between its subjects by outlining their rights and obligation. The continual advancements and innovations that take place in the international community have presented a number of difficulties for the application of international law throughout history. The prohibition on the use of force is the most crucial principle. Recent developments in cyber operations rank among the most significant of these difficulties. The security of states and subsequently global peace and security are seriously threatened by these operations. This is a logical outcome of states' growing reliance on cyberspace. Despite this risk, there are currently no international agreements or norms that govern countries' use of cyber operations, which gives rise to the issue of how much and how to apply the traditional rules of international law to these operations since most of them emerged in a time that was not consistent with the development of cyber operations. There weren't any cyber operations, rather, their existence in the future was more like science fiction, Therefore, it is crucial to study them so that we can learn how to apply them, look for flaws in the current laws, and come up with fixes for them. In order to demonstrate the application of the law of resorting to the use of force, we will divide this research into two sections. In the first, we look at the rule prohibiting the use of force on cyber operations, and in the second we will discuss the practice of self-defense against cyber operations

Previously, the punishment was imposed in view of the gravity of the crime and its effects achieved regardless of the personality of the offender or the circumstances that surrounded the time of his commission of the crime, whether psychological, organic or social conditions, but after the emergence of philosophical theories and modern criminal policy that called for looking at the personality of the offender before issuing a sentence and appreciating Punishment, which led to the trend of most laws in the countries of the world to give the judge discretionary power before issuing the sentence, which leads to the emergence of the principle of judicial singularity of the penalty, and as it is known that the legislator imposes a specific penalty for each act described as a crime, and the legislator often sets a penalty ranging from between two higher and lower limits, and leaves the judge with discretion in choosing the necessary amount of punishment between these two limits in order to provide the opportunity for the judge to individualize the punishment in a manner commensurate with the personality of the offender, his psychological and health conditions, and his social conditions, as it may happen that two people each separately commit two similar crimes, so it becomes clear to the judge When conducting the trial, each of them has special circumstances, so each one of them is given a penalty that may be different despite the fact that both of them have committed the same crime, so he gives the first person, for example, the prescribed minimum, while he gives the second person its highest limit, but the judge may find that the punishment is reduced to its limit The minimum is not sufficient, and that the offender deserves a greater penalty reduction, in which case the judge resorts to the use of mitigating circumstances

The fear of the length of the alimony lawsuit procedures and the fact that the alimony applicant may be in dire need of it to meet his necessary needs, the law gave the alimony applicant the right to file a request for a temporary alimony that meets his needs and needs until the alimony decision is issued in the substantive lawsuit, and it is possible to file a request for temporary alimony independently even from Without a substantive claim for alimony, the importance of the issue of the legal nature of the temporary alimony decision lies in the fact that it is necessary to reach a convincing accommodation, And it is based on legal and judicial arguments in order for the judiciary to enlighten the procedures that must be taken in issuing a decision on temporary alimony according to the nature of this decision, especially since the nature of the decision on temporary alimony has become a matter of controversy, as many opinions were said about its adaptation. Temporary wife with a statement of the reason for weighting

It is obvious that the law has the ultimate authority in settling disputes, and everyone has the right to depend solely on its provisions for protecting him/herself and their personal recognized interests. However, there might be circumstances in which the legislator leaves the door open to approaching immoral endeavours through his provided legislative solutions. Consequently, this will put the judiciary authority in an awkward position of having to determine between maintaining the apparent literal interpretation of the text and perpetrating a morally prohibited guilt and confronting the provisions of the law. Therefore, the objective of this study is to assess the nature of individuals behaviours in connection with their pure legality, and their legality despite being immoral, so that appropriate regulations might well be developed to govern personal activities, and to remove legal protection that such unethical rules may provide to forestall and combat injustice, prejudices, and immoral legal activities. The research concluded that the judiciary must fulfill its obligation in respect with abandonment of any immoral legal rules that seem to be legislated. Farther, the courts should follow the right-based interpretation of laws and look at the textual rules from the perspective of a reasonable and wise man, in order to give the texts reasonableness instead of stripping the law of its rationality. Given that the law is an instrument designed to develop the benefits of mankind and preserve his rights; moreover prior to the literal maintenance of texts and their blind implementation, it's indeed essential for the jury to associate a humanistic dimension with the law, otherwise it will become an instrument of oppression and tyranny that facilitates each and every immoral behaviour.

It is recognized that every legal rule in job legislation must, in order to gain respect from the employees to whom it is addressed, has a deterrent penalty for its violators, and the legal rules regulating the public job obligate the employee to adhere to a set of tasks and duties required by the public job or which are an integral part of its exigencies However, the employee, while carrying out these tasks and duties, may make a negligent or intentional mistake by committing several violations, then the jurisdiction of the disciplinary authority is to impose the prescribed punishment as a result of negligence or willfulness in committing the violating act within the limits of the legal procedures and procedures stipulated in the functional legislation and the legal principles that govern it Whether those violations are of one type or were of different types, and multiplicity is not achieved if the actions that occurred from the employee were one violation, as in continuous violations, habitual violations, and violations with successive acts, and recurrence, and the multiplicity of violations is achieved according to certain conditions, as is the case with For the multiplicity of criminal offenses stipulated in the Penal Code.

The administrative contract is considered one of the most important tools employed by the administration to fulfill its fundamental commitment of achieving the public interest. Not every contract entered into by the administration with natural or legal persons is referred to as an "administrative contract." This label requires certain characteristics to be present in the contract to warrant such a description. Chief among these characteristics is that the contract must be linked to providing a service affiliated with a public entity of the state. As part of this contract, there are non-traditional contractual conditions specific to the administration, stemming from its special authority.
Built on the principles of "power" and "interest," administrative law places great significance on the concept of the "public interest," playing a vital role in defining this branch of law and resolving administrative disputes. Thus, administrative law is both a law of privileges and obligations. The legitimacy of the activities of public bodies hinges on these activities being directed towards achieving the public interest rather than their private interests. If these bodies stray from this purpose and their actions are not motivated by seeking the public interest, their actions are tainted by an abuse of power, rendering them subject to annulment.
Based on this foundation, the legislations of administration primarily rely on the notion of the "public interest." An administrative decision is deemed illegitimate if it is made for purposes other than the public good, even if all other elements of the decision are present. For this reason, when exercising their jurisdiction, administrative bodies must always prioritize the public interest over other considerations. The legitimacy of administrative actions revolves around this principle, adapting to any changes that may arise, with the "public interest" being the pillar that the state cannot forsake, as it draws its legitimacy and existence from it.
In light of this principle, the administration might find itself at times facing a conflict upon entering into an administrative contract. In such cases, the administration might decide to terminate the contract in the pursuit of the public interest, whether this decision is autonomously and individually made by the administration or mandated by legal directives. This is the subject explored by the study entitled "The Legal Regulation of Terminating Administrative Contracts in Pursuit of the Public Interest," which delves into the legal frameworks that legitimize the administration's actions in this context, enabling it to terminate administrative contracts to achieve the public interest without unfairly impacting the contracting party.

The claim for compensation requires the claimant to prove elements of liability collectively, including the causation or causal link. The causal link plays a significant role in the scope of civil liability, because it identifies the act that caused the damage among various acts surrounding the incident. However, proving causal element and determining the liable person are challenging due to the multiple factors taking part in causing the damage. This provokes the need to find solutions for proof of causal element in a manner that aligns with the specificity of environmental damage. Therefore, this legal study attempts to shed light on the transition or transformation that occurred in the legal rules that govern civil liability in environmental field, from the traditional legal rules to the modern ones covering civil liability arising from environmental damage. The new rules that are proposed to overcome the difficulty of proving the existence of a causal link are suitable and appropriate when the injured person is unable to prove this link, and the judge has wide discretion in evaluating its existence or absence. Thus, it is recommended that both Iraqi and Kurdistan legislators should explicitly stipulate that liability for ecological damage be based on damage.‎

This study deals with an important and vital topic, which is cybersecurity and its relationship to artificial intelligence from the perspective of international law. The first topic deals with the definition of cybersecurity, which refers to the protection of electronic systems, networks and data from cyber threats. A very difficult challenge in the era of technological progress.
The study then focuses on the relationship of artificial intelligence with cybersecurity, as the second topic in the branch sheds light on the integration of artificial intelligence in the field of cybersecurity, where advanced improvements in artificial intelligence can be used to improve the ability of systems to detect and address threats more effectively and quickly, and the branch deals with The second part of the second topic is the determinants of the impact of artificial intelligence on cybersecurity, as artificial intelligence provides multiple opportunities to improve cybersecurity, but it also poses new challenges and risks such as the increase in the development of advanced cyber-attacks. Countries and institutions must develop a strong international legal framework to deal with these new challenges and threats . related to cyber security and the use of artificial intelligence in a responsible and ethical manner

This study focuses on emphasizing the importance of energy conservation through new technologies; Moreover, we discover how energy can continue to confront starting from the beginning of the German climate and energy security that the current military crises show non-existent in the international arena; In addition to learning how Learn how renewable energy helps in early climate steps and challenges .
The descriptive analytical principle was used based on the objective. This research wants to shed light on renewable energy and reveal its role in facing international challenges. In this context, the study is divided into two main parts. The first requirement of this study is that modern energy has begun to reduce This phenomenon and the second requirement for general thermal energy and renewable energy are discussed in.
We were contracted through a study on green investment in energy fields and technologies to increase economic growth quickly, without requiring rapid employment in those facilities, reservations, and self-inspection of energy.
One of the most important indicators that the study found is support for political stability and light weight, not the effectiveness of free space to adopt energy-independent forces. Removing political and regional conflicts from the arena of order and decision-making for the sake of development in general and in order to achieve it through new energy.

Comparative legislative positions varied in taking the unilateral will as a source of obligation, between those who approved it within limits over which there was disagreement and those who shied away from taking it. The unilateral will did not receive the importance that other sources of obligation did, as the majority of the laws that adopted it referred to the provisions of the contract to govern them to the extent that did not conflict with The necessity of the existence of two identical wills to create the obligation, which led to this ruling not accommodating all applications of the unilateral will and the differences in jurisprudential opinions regarding the suitability of these provisions to govern it.
From this standpoint, this study examined the civil liability resulting from breach of an obligation arising from a unilateral will to arrive at adapting this liability, by presenting and analyzing the opinions that were said in this regard and stating our opinion on them to show the extent of their suitability and validity. The study concluded that liability for breach cannot be adapted. The obligation arising from the unilateral will is considered a contractual responsibility, due to the lack of the basis on which this responsibility is based, represented by the contract. It also cannot be qualified as tortious liability, because the unilateral will is a legal act and not a legal fact, so it falls in the middle area between contractual and tortious liability, and therefore it is a non-contractual liability.

Marriage is a sptitual relationship between the couples that depends on feelings , mercy and mutual respondibility , which is mentioned in The Holy Qur’an as strong committment.Family is the first pillar of the society, whenever that pillar is stronger , the society will be much stronger . It makes an individual feels happy in the existence of one of them in the life of the other , which is possible between one man and one woman . Life and happiness between these two make the society settled. In islam, the aim of marrige is protecting human society ,and building family on firm bases in order to embody love and repscet between the individuals and to let love , mercy and calmness unfold within the society , but polygamy can become a danger to forming a calm family and stable society ,so it would be impossible to find calmness, feeling and mercy in polygamy leads to concurrence and hearted that never ends between the Wives and their children even to the generations ,the Result of Polygamy is that the Man is not a pure property of the woman whereas he should be to his wife just and only as his wife belongs to him merely and he does not like her to be shared with another one , To perform justice it is impossible to find in neither in time of Marriage nor later not even in the future .
The purpose of this paper is to analyze the different view points concerning polygamy under the title,the title is (Polygamy between heritage and the amendment of the Iraqi Personal Status law No:188 of 1959 ,which is a comparative analytic Research).

The political construction in the state relies on an administrative system that represents the executive means that allows the authority to perform its duties, and the municipalities in Iraq are considered one of the institutions operating according to the principle of administrative decentralization. The central authority thus acquires great importance in the life of the public by satisfying the various needs of the citizen within the scope of the geographical activity of the municipality. However, a mechanism must be put in place to protect the interests of institutions by activating the internal oversight role in addition to external oversight in order to seek to detect errors and reduce their effects as systems The oversight is supportive in order to remain within the framework of the law, prevent it from arbitrariness and tyranny, and achieve a balance between the independence of the municipality, which provides it with the exercise of its role and its subordination to the central government.

As a result of aspiring to join the World Trade Organization, Iraqi institutions (legislative and financial) seek to meet the requirements of that accession and the accompanying pursuit of the need to comply with the agreements issued by the World Trade Organization, such as the General Agreement for Liberalization of Trade in Services and its annexes (Annex I related to financial services) And just as this requires meeting all the objective and procedural requirements necessary to prepare the banking environment in Iraq towards global openness, As a result, highlighting the importance of liberalizing banking services and the extent of the Iraqi banking sector's need for that, and for the various groups: the banking institution, the banking customer, economic development) as the gradual liberalization required a study and analysis of all the positive and negative effects, on the basis of which the extent of that need is assessed

This study aims to provide an analysis of the nature and nature of the new hybrid wars, and to highlight the most important types and elements through which we can infer and distinguish the hybrid war and other wars, in addition to revealing the extent to which the provisions of international humanitarian law can be applied to confront the hybrid wars.
The researchers used the descriptive analytical approach based on the intended objective of the study in analyzing the policies of hybrid warfare and its nature and nature within the framework of international humanitarian law. The study concluded that cyber wars, cyberspace wars and informational warfare, are the most prominent aspect of wars in the current era, and international law found itself facing a deficit of how to organize these wars because it is an innovative element that contains the element of ambiguity and anonymity. Therefore, many countries, at various levels of development, stood up to deter hybrid war, in addition The major challenges facing the legal regulations of hybrid wars is the lack of an international legal will in the field of Security Council resolutions and the field of negotiations, as the absence of that will limits the possibility of confronting and addressing them.

Throughout history, human societies have known the phenomenon of terrorism and terrorist crimes in its various simple, primary and expanded forms. Therefore, it can be said that this phenomenon is currently considered one of the most serious challenges facing the entire world. In the absence of a unified definition of the concept of terrorism at the international level due to the various political tensions, this has led to a weakness in confronting terrorism and its crimes internationally and regionally, which prompted different countries to stipulate terrorist crimes in their national penal legislation in an attempt to combat this phenomenon and punish its perpetrators.
In this research, the focus will be on the concept of terrorism at the international and national levels, and then clarify the legislative policy followed by the Syrian and Iraqi legislators in order to combat terrorist crimes and punish the perpetrators.

The contract, as significant legal device of exchanging wealth and money between individuals, has an outstanding role in the economy. Perhaps, the contract in its effects is no longer confined to its parties, but farther it is found having a crucial social and economic function. Apparently, for any contract to be legally concluded, there is a need for a set of legal elements and conditions to be met. Where such conditions are satisfied, the contract produces its effects and turns to a binding contract upon the contracting parties. Then, the contracting parties are obliged to perform the contract in pursuance to good faith. Nevertheless, it is possible that the contract is defected in a way or another, rendering the contract prone to termination, whether in a form of invalidation, annulment, or being defected by a defect of consent. To this end, there is a real threat on stability of transactions when reasons terminating contracts increase.
This research attempts to explore the means by which a contract can be preserved and kept from lapse, especially in contracts of high value. The way to preserve contracts from termination may be fulfilled by a direct intervention that the legislature makes in the contract via various principles, including the principle of good faith or the principle of stability of transactions. These solutions offered by the legislature may grant the judge the discretionary authority to either change the form of the contract or rectify it. It is also protentional that the judge may accordingly amend the contract, deviating exceptionally from the principle of (the contract is the law of the contracting parties.

Women have an important and vital role in public life, as they are part of society, and their reform and serious participation depend on the progress and well-being of society. Therefore, there has been an increase in global interest in the rights of women, including women with disabilities, and the need for their participation in economic development, to provide them with opportunities like other women, and to integrate them positively into participation. And to be contributors and producers in the economic development of their country and not just consumers, in addition to enhancing their sense of their own ability and self-reliance in life without being dependent on anyone, and providing them with decent job opportunities.
Despite the efforts made, this group still represents the weak and marginalized group to enter the Iraqi labor market, which necessitates standing at the challenges of embodying the right of women with disabilities to work in order to facilitate their access to all state institutions and to achieve this, addressing obstacles and difficulties, and is the strategy included in the Iraqi labor law No. 37 of 2015 at a level that meets the ambitions and aspirations of this group, and what are the ways to enhance job opportunities for women with disabilities in the Iraqi labor market.

When the Cold War ended, many military interventions appeared in international practices under many names and with different justifications, in order to give them international legitimacy. It is no secret to say that most members of the international community know that these interventions are nothing but aggression without the slightest doubt, regardless of the arguments put forward by the militarily intervening countries, as long as they lead to flagrant violations of international norms and the established principles contained in the Charter of the United Nations, especially what was included in its preamble, which states: It expressed humanity's rejection of the use of force in international relations. Our study represents a serious attempt to review the facts and foundations upon which the practice of international military intervention was based and then analyze those foundations, taking the situation between Iraq and Turkey as a model for the study. If we were biased in proving the illegitimacy of the Turkish military intervention despite the evidence presented, then we dealt with the study of these interventions and their evidence with a deep analysis in which we take the reader to international precedents in which international positions concluded with the illegitimacy of military intervention based on similar justified evidence

The member of parliament is the main key to moving the legislative authority, Through the main voles assigned to him, Whether at the national level as a representative of the nation or from during his local role as a product of his electoral of his electoral district that bought him to the parliamentary seat, and this All for the sake of parliamentary performance that pushes the legislative institution forward to embody its independence. But on a realistic level, the phenomenon of absence is observed, which has Cast a shadow over the institution legislative seats have become vacant during discussions and during voting for that the idea of delegation was proposed as one of the proposed mechanism to reduce the phenomenon of parliamentary absence whether with or without a legitimate excuse.

Criminalization is the ultimate legal practice depending on the nature of the penalties resulting from this process. Therefore, this tool should only be used where other legal or illegal means are not equally effective, as rationalizing the use of the criminal tool is the essence of rational criminalization. The general framework for rational criminalization is an ethical framework, but this framework requires steps and tools to bring it down to reality. Or a work plan so that the theoretical matches what is practical. Rational criminalization is based on a set of premises that are in themselves a set of means and tools to achieve or accomplish the necessary amount of rational content of the incriminating text, to prevent uncontrolled and random use of means. In light of the expanding trend of the criminalization phenomenon, the legislator uses the criminalization tool to confront many new behavioral patterns, new societal values such as intellectual property, and regulatory criminalization such as Traffic Law No. (8) of 2019, Foreigners’ Residence Law No. (76) of 2017, and National Card Law No. (3). ) for the year 2016, in addition to economic crimes such as money laundering

Negotiation in criminal proof means that criminal proof should be by agreement and mutual consent between the parties to the case, and it is the most successful solution to achieve consensual justice and quickly resolve lawsuits, in a way that achieves the public interest of society through the application of the law and not deviating from its texts and objectives, and in order to achieve justice that is based on certainty and not on Doubt and the service of justice by ensuring that no actor escapes responsibility under the pretext of insufficient evidence, and at the same time, satisfaction and acceptance are achieved for each party to the case.
Negotiation differs from criminal mediation and penal settlement, and one of its most important advantages is achieving justice beyond suspicion and obtaining evidence with consent and acceptance. It is also characterized by speed in resolving lawsuits, and the secrecy and arbitrariness that can occur can be avoided by organizing it within studied legal frameworks, under judicial oversight, and within legal conditions. A specific and specific time, provided that the role of each party to the case - the accused, the victim, the role of the judiciary and the public prosecution - is understood. This negotiation results in effects including the expiration of the case with the issuance of a ruling, judicial pardon, exemption from punishment, or directing the case towards a specific legal description.

Security is an indispensable necessity linked to the existence of man as a basic and indispensable factor for the continuation of this creation. In addition to this, the philosophy of constitutional systems, both ancient and modern, considers it to be one of the duties of the state, which must adhere to achieving it and strive to maintain it with whatever material and human capabilities and means it has made available to it. To achieve the laws, the necessary financial budgets were provided to him. Hence, achieving security or adhering to it is not limited to the executive or legislative authority by setting the necessary laws to achieve it. The judiciary is not immune from taking into account security conditions when considering the requests of individuals in criminal cases. From this standpoint, we find that the legislator The Iraqi Code of Criminal Procedure No. (23) of 1971 - as the general law for all criminal procedures in the country - as well as the special procedural criminal legislation has a clear effect on the security of the criminal procedural work, and from this it follows that security and the requirements for its observance are considered an extremely important issue that must be The court must preserve it or adhere to it when examining the criminal case.

Contemporary legislation is under the weight of modern ideas emanating from the French Revolution, which include respect for the authority of the will and giving this will a broader space to move through, which has produced many distinct legal provisions that are in the interest of the contracting parties. The contract, its implementation and its termination, but the legislator sometimes prefers to restrict it or reduce its scope for purposes related to the public interest. And between submission to the contractual will on the one hand or being restricted to it on the other hand, the legislative philosophy emerges to outweigh one over the other for purposes that (the legislator) sees as the first to follow, but due to the specificity of some contracts and their connection to a financial aspect affecting the lives of individuals, the legislator considers giving a greater role to this will and remaining silent about regulating some cases emerged from it, as is the case in the mortgage contract in general, and in particular the insurance mortgage contract, in which the legislator overlooks the obligation to proportionate the amount of the mortgaged money with the secured debt noting that this proportionality would achieve a strong guarantee for the mortgagee creditor who is in dire need of it to rectify any breach that may occur on the part of the mortgagor debtor or what may arise from sudden economic circumstances. So does this oversight have a purpose or is the main purpose of that is to give the contractual will enough space to re-regulate the substantive contractual provisions

The world's population has increased significantly and noticeably in the past two centuries, and this fact requires placing the issue of providing the food that humanity requires for living at the forefront of the entire world's agenda, because of the importance and fundamentality of this right as one of the most important and indispensable requirements for living, and that food is among the most important Human rights, so it needs to be surrounded by many obligations, some of which have an internal nature, and some of which have an international nature, all for the full purpose of its work, protecting it and preventing its violation. Therefore, it is necessary to implement the obligations related to enabling and providing it, if there is no respect in application of these obligations, there will certainly be a clear and explicit violation of the right, which requires placing responsibility on the violator before the judiciary. Individuals must be treated fairly and granted the right to litigate to claim their right to food before internal judicial authorities, and even allow individuals and their countries the right to litigate for their violated right before international judicial authorities. And granting food security the status it should have like all other human rights, which should be a global right protected by the highest international bodies. As a global human right, obligations of a global nature must be imposed on countries, in accordance with international laws and agreements, so protecting this right requires the existence of judicial mechanisms at the national, regional and international levels that provide protection for the right to food.

The public service-related are mean to strike a balance between commitments and rights of the public administration and public employees alike. During the period of functional relation, starting from the date of appointment till disengaging the functional relationship whether by normal or exceptional procedures.
This is quite evident in the disciplinary disputes where the management is authorized to hold the employee who contravenes the civil service rules to account on the other hand, Law makers scored the employee's right to defend himself against the disciplinary lawsuit by means of his defending rights, so the may introduce evidence to substantiate acquittal or reduce punishment.
This research studied the (Disciplinary) penalties and the principles on which they are based) an analytical study, which regarded as important guarantees for pubic employee facing disciplinary authorities. Depending on that, legislations stabilized on briefing the process of discipline sufficiently of different guarantees on the way of most important principles on which Disciplinary penalties are based.

The exercise of the powers conferred upon it by the House of Representatives requires that members be elected by general, secret, direct election by the people. All of this is taking the constitutional oath, as the tasks specified in the first session give it a legal nature that differs from the rest of the council’s sessions, so it is necessary to clarify this session and determine its legal nature as well as the work that is conducted in it, how it is held and its impact on the rest of the sessions.

The physician\'s obligation to keep the secrets of his profession has been known since ancient times. It began as a customary, moral, and religious obligation and then became a legal obligation. This is because public modesty is harmed by disclosure, in addition to the damage caused to the public interest and the private interest, “the interest of the holder of the secret, and the “interest of the profession” when individuals refrain from disclosing it. themselves on doctors. Keeping secrets is one of the well-known rights of the patient, and the secret that affects the interests of the contracting party is the basis from which the idea of the obligation of confidentiality emerged. The commitment to professional confidentiality is considered a means of protecting secrets between the two parties to the contract, as they exchange according to the contract information that is completely confidential and has an impact on The interest of the patient, which necessitates not disclosing this information and working to keep it secret, which creates a contractual obligation of confidentiality on the part of the contractor who, by virtue of his medical work, has access to this information, as the continuation of this information circulating between the parties to the contract without providing protection for it threatens the interest of the contractor, which affects On the interest of society and the loss of trust between people in dealing with each other.
And to determine the legal nature to which the doctor is bound and which is based on this commitment to medical secrets, some systems have explicitly stated who is bound by the medical secret according to the doctrine theory of commitment to medical secrets, which defines the doctor’s obligations and that this commitment is based on the patient’s welfare after the patient’s secret is disclosed or according to the theory The public interest of adhering to medical secrets: According to this theory, disclosing medical secrets constitutes a social danger that is harmful to the public interest, and the legislator intervenes to protect this interest. The doctor’s obligation to maintain medical secrets finds its basis in the public order.

All countries aspire to attract foreign investments, especially direct ones, for the great benefits they bring to their economies. The Iraqi legislator, aware of these benefits and his need for them to develop the economy, established the Foreign Company Branches Regulation No. 2 of 2017, which contributed to achieving a qualitative breakthrough in the scope of investment in The form of branches of foreign companies, then the legislator evaluated this system and the advantages it achieved in the context of attracting foreign companies and sought the need to amend it to be consistent with the goals it set within the scope of the amended Iraqi Investment Law No. 13 of 2006 and the vision of improving the business and investment environment drawn up in accordance with Council of Ministers Resolution No. (245) for the year 2019, then came the amendment to Regulation No. 4 of 2023 for Branches of Foreign Companies, which eliminated much of the work bureaucracy and the obstacles and slowdowns in the pace of investment under Regulation No. 2, especially with regard to the requirement that (a period of two years) have passed since the establishment of the company, in addition to other lengthy periods which could create a kind of reluctance or restlessness regarding the procedures, but it left some questions and contradictions that we highlighted in the research pages, especially those related to the aspects that the legislator specified for branches of foreign companies to conduct commercial activity, so we made an effort to clarify the provisions of this system and try to address it Its problems and contradictions that may undermine the efforts of the Iraqi legislator and his endeavors to create a successful investment environment.

The principle of precaution is an important and fundamental principle, especially since its wisdom is reflected in the prevention and realization of responsibility. The precaution on which this principle is based lies in the need to implement it clearly in practice, consistent with the purpose for which it was established. and this principle resonates with environmental legislation and with the resulting damage to persons, Especially because the risk is the likelihood of knowing it, as well as the likelihood of it, So the fundamental problem was the predominance of the probable nature of these hazards or damages. this principle has been implemented, which has led to the existence of a legislative regulation of this principle. And if there is enough of it, that's what led us to show this principle's vocabulary in detail. In the context of the implementation of the comparative analytical approach, we have addressed the definition, distinction and specificity of this principle. and then his own legal philosophy, the conditions for its application, and ultimately for the communication of this principle with the elements of civil liability itself, To accommodate contact with error or damage, which has been disclosed in detail in the context of the study, We have therefore reached a number of conclusions and recommendations, the most important of which is the specificity of the principle of precaution, its distinction and its relevance to the principle of prevention. In this regard, we propose that the principles and rules of the principle of reserves be regulated throughout civil liability in general

The study aimed to identify tax administration reform and the related systems and procedures necessary for this reform. The success of tax administration reform is clearly reflected in the success of financial and economic reform. It also leads to increasing the state's ability to implement economic, financial and social development plans and improving the investment climate in all its forms. Reforming this main axis with important and complex roles aims to eliminate the main problems that the majority of tax administrations suffer from. In terms of reducing tax corruption, encouraging voluntary compliance by taxpayers, and encouraging the use of tax management technology; Which will contribute to the end In the end, the tax system will be completely reformed, and the study also showed the role of tax administration reform in increasing the tax revenues collected for the public treasury
The study addressed what is tax reform and what is tax administration by explaining the concept of tax reform and its standards. The study also addressed the definition of tax administration and the reasons for its weakness. The study also addressed mechanisms for reforming tax administration by studying mechanisms for combating tax corruption, mechanisms for encouraging voluntary compliance by taxpayers, and mechanisms for using tax administration technology. Then comes the conclusion of the study, which included a set of conclusions and a set of proposals.

Electronic negotiable instruments are relatively recent in commercial transactions, whether in domestic internal trade or in international cross-border trade. Due to their novelty, we have clarified the concept of electronic negotiable instruments by defining and explaining their nature, as well as the most important characteristics of this type of dealing in negotiable instruments according to the comparative jurisprudential and legislative concept. The trading of electronic negotiable instruments carries several risks. We have clarified the most important of them, and we have also referred to the most prominent means through which those risks that surround dealing with electronic negotiable instruments can be avoided.

A person may buy a property and register it in the Real Estate Registration Department in the name of another person for some reason, and this registration is a matter of trust, and with this registration the other person becomes the real owner of the property based on the official records in the Real Estate Registration Department, even if the property buyer has stipulated that the owner return The property is his in the future, or the price will be paid to him if it is sold, and this is recorded in a regular document (acknowledgment paper) appended with the owner’s thumbprint, indicating that this owner acknowledges that the property was placed and registered in his name by the buyer as a matter of trust. The person who put the property in his name may be a relative, such as the buyer’s wife, or someone else.
It may happen that the person who has become the owner of the property refuses to return the property to the person who registered it in his name and pays its price, or that this owner sells the property and seizes its price and does not return any of it to the person who registered the property in his name as a trust. In these cases, the question posed here is: Does the person who bought the property and paid for it have the right to file a lawsuit against the owner, who registered the property in his name, to demand the return of the property and register it in the name of the payer? If this is not possible, then the demand is to pay the value of this property! Or claiming the property purchase amount as a debt owed by the property registry in his name! Or is there a legal permissibility to register a property in a person’s name as a trust and then demand the return of this property, or does a trust in the law have another legal meaning?

Leadership in its general context is a phenomenon that exists in its political context in all societies and throughout the ages, starting from the tribe all the way to the eras of the modern state. Therefore, political leadership is the link between the leader and individuals in Egypt, through which interaction and mutual influence take place. Therefore, traditional leadership that rejects... Change and impose on its people a state of isolation and benevolence will not achieve any progress, while a society governed by a leadership that adopts development and progress programs will achieve success in implementing its policies and goals. It also represents an important axis in the interactions of every political system, especially the governance systems in developing countries that have always preferred the role of people. On institutions, which led to the personalization of the political process, so the term political leadership became used to refer to the leader or king to distinguish him from the ruler and the rest of the members of society. In addition, leadership constitutes the link between humanitarian politics and internal and regional policies and external.

The BRICS group seeks to achieve a strategic goal based on an alternative vision for the international system represented by the current unipolar system, pointing to a set of main points that serve the interests of the developing world, which reflects several important transformations on the international scene, which aim to end the unipolar policy. Which is no longer appropriate to the nature of the international situation, as this system has failed to resolve the escalating crises internationally, and played a clear role in fueling them. Moreover, BRICS aims to strengthen coordination in the United Nations, the G20 and other frameworks with the aim of maintaining international peace and security.

The human entity is not limited to the body, and the safety of this entity is not limited to the safety of his body, which can be injured as a result of armed conflicts. There is the soul, which can also be injured. Perhaps psychological injuries are more influential than physical injuries, and mental illness often affects health. Mental illness is a disease, and mental health is an integral part of public health. The body does not fully perform its functions unless it is free of mental illnesses. Therefore, it is necessary to determine the extent and adequacy of international protection against mental illnesses, especially since the victims may not show symptoms immediately. Mental illness may appear after quite a while, and mental illness, unlike physical injuries, may affect a person far from the area of armed conflict, as is the case with the families of those killed and missing in armed conflict. Therefore, international organizations are redoubling their efforts to reduce the effects of mental illness in armed conflicts.

Appeal in favor of the law is one of the most important principles of Chinese law; One hundred people can appeal judgments and decisions that constitute a violation of the law, and have not been appealed by the relevant authority, through a body for the Public Prosecution, the public official protector, which is exceptions to the general rules of appeal; Because of its features and characteristics, facilities, reasons for focusing on Law No. (49) of 2017, dissatisfied with its recent regulation, it was suffering from research.

This research aims to understand the impact of climate change and the phenomenon of global warming on the strategic, economic, and political significance of Greenland in the international competition for the Arctic region. It also seeks to comprehend Greenland's relations with polar nations and the challenges influencing its international standing. Employing descriptive, historical, analytical, and prospective approaches, the research concludes that Greenland holds a significant geopolitical position in the Arctic due to its vast size, strategic coastal location, and possession of immense rare mineral resources that foreign companies are racing to invest in.