AL-ANBAR University Journal of Law and Political Sciences

This study used the inductive and analytical methods and aims to highlight the role of legal maxims in general and the maxim "harm shall be removed" specifically in regulating contractual actions, with an emphasis on contractual freedom and its expansion by explaining the legal models related to this from the Saudi Civil Transactions Law and linking it from a foundational perspective to Islamic jurisprudence and its applied jurisprudential branches. The study clarified the most important rules for the removal of harm according to the jurists, the most important of which is that harm cannot be removed by causing similar harm, and that specific harm may be borne to prevent general harm.
The study also reached several conclusions, the most prominent of which are: the maxim "harm shall be removed" has a significant impact on the Saudi Civil Transactions Law, as evidenced by several aspects, the most important of which is that the fundamental principle in the system is to consider the removal of harm as much as possible, and that the removal of harm includes moral damages and is not limited to physical harm. Among the important findings of the study is that the exercise of a right that causes harm to others, where the intent of the action is to cause harm, mandates its removal. The impact of the maxim "harm must be removed" also appears in the issue of fraud in contracts, evidenced by several matters, including granting the option to the deceived party to annul the contract to remove the harm.

There are many crises facing the political systems in developing countries, which pose challenges that must be confronted by all means, and therefore the more these systems are able to address these crises and overcome the challenges, the more that is an indication of their development, and the achievement of political stability. If these systems fail to deal with these crises, this leads to political instability in its many manifestations, including civil war, military coups, political violence, rebellion, corruption, tyranny and failure of development.
All this results in a failed state that resorts to security means to control the joints of the state, and tyranny sits on its throne.

Many legislations have adopted the civil lawsuit management system in an attempt to organize the judicial system and make it more advanced and harmonious with the reality of life. It is a judicial system that aims to have early control over the lawsuit file by placing it under the supervision of a specialized judge who follows up on all the procedures of the lawsuit without deciding on its subject matter, and seeks to resolve the dispute through alternative methods to litigation.

The successive developments that have affected international organizations have made them of great importance in the international arena, Therefore, it is important that the legal studies that deal with it also develop, Now that the international organization has become more like a public facility in internal legal systems, it has become necessary for us to examine the extent of the possibility of rooting the decisions issued by it administratively. We are not satisfied with saying that she is just a person of international law and we stop at that point. Because the international organizations that member states establish today achieve the international public benefit for those states, Such as the United Nations, which seeks to achieve the international benefit of preserving and maintaining international peace and security.

The membership in Federal Units in Union Council as representative results in achieving two important principles of Federal System Principles, the first one is the principle of participation of Federal Units in the central authorities, and the second one is the principle of self-independence of these Units, since the participation in this Council is considered the first supporter for its self-independence, both in terms of its impact on the legislations being issued by the Central Legislative Authority or in terms of its impact on the management of the Council or its impact on the supervisory jurisdiction of the council.
Since the Federal State is built on the basis of the principle of Separation of Powers and each authority has an exclusive constitutional authority which is not being interfered in by other authorities, in which each authority is independent from the other authorities in exercising its constitutional authorities, this interfering is not allowed except within narrow constitutional limits for the purpose of running the state. Therefore, the functional independence of the Union Council in the Federal State is one of the important basis in which the good performance for the tasks being assigned to this council is relying on. Council independence appears in different aspects such as legislation, administration, financial, and monitoring aspects.
We have tried in this research to highlight the aspects of the functional independence of the Union Council analysing it and comparing it with what is being adopted in the United States of America and the Republic of German Federation and Switzerland Union as leading countries in implementing Federal System and Iraq which adopts the Federal System and yet the Council is not being formed, aiming at reaching best results and solutions in order to organize the independency of the Union Council in Iraq at its best shape.

The initial ideas are the building blocks for many creative innovations, serving as an inexhaustible source for technological advancement. The increasing reliance on modern technology has transformed creative thought products into integral components of the assets for institutions and companies, alongside tangible assets. These are commonly referred to as intellectual property. Given the utmost importance of intellectual property rights, their legal protection has become a matter of interest for many countries. This protection is founded on the belief that it incentivizes research and innovation by compensating innovators, inventors, or thinkers for the risks and costs incurred in research and development, granting them rights to their ideas and innovations.
Undoubtedly, most business activities involve information and trade secrets. The continued success of entrepreneurs often relies on providing sufficient protection for this information or these secrets, especially those related to the substantial investments of multinational corporations. With intensified industrial competition in recent decades and the flow of information, awareness of the importance of maintaining their confidentiality has increased. Consequently, it has become necessary to establish more regulated legal means for their protection and enact specific laws to reinforce this protection.

Theft is a punishable crime in all licenses, whether in the Iraqi license or other comparative licenses. There is no dispute about that, except that thefts may occur in the first place and the perpetrator is forced to do them under several legal or jurisprudential requirements, whether the necessity permits the prohibitions or other interpretations of theft in the club. The perpetrator is forced to commit such a scene, which is contrary to human nature, but when the person is facing danger, that danger may lead to his death, or there may be another person who is suddenly facing the danger of death, so he saves him by stealing food or drink and causes this to him or her in order to escape from it. The danger that may lead to his life, so here we are faced with an act that is not punishable by law, which is
sacrificing his belly button out of suffering, and this has always been verified in the Iraqi trial or in a comparative court, such as the Spanish legislation, which stipulated that no criminal assistance should be given to someone who was actually sentenced under necessity, and the principle of necessity in Iraqi law stems from Text of Article 63 of the Iraqi Penal Code No. 111 of 1969 and Article 54 of the Iranian Penal Code also, under all these circumstances, the act of theft motivated by hunger is currently permissible under the principle of extreme necessity and is not a crime, and this effect is a deterrent to punishment and is not punishable under Iraqi law and comparative laws. Under Italian law and Islamic law, this does not exempt the thief from civil liability, as he is obligated to compensate later.

The subject of criminal protection of undisclosed information gains its importance from the importance given to this information itself, which is also known as trade secrets. It is noted that some legislation refers, through clear and explicit texts, to this information and to the conditions that must be met in order for it to be the subject of criminal protection. In order to provide sufficient guarantees to confront any behavior that constitutes an attack on it by others through illegal disclosure, disclosure, use or possession without the consent of its owner and in a manner that violates honest commercial practices. Due to the confidential nature of undisclosed information, it has become of commercial value. All of this has had a significant impact on the call to provide effective criminal protection for information, whether at the international level or at the local level.

In recent years, there has been a lot of action by the Security Council due to the insistence of one country on taking a position and the opposition of the rest of the permanent members for one reason or another. Some believed that this approach of the Security Council was a positive development in order to establish the foundations of world peace. However, others viewed this approach with suspicion and skepticism. He believes that it represents a serious deviation in the behavior of the Security Council towards dealing with international crises, as they question the legitimacy of some Security Council decisions issued in some crises or conflicts, due to their conflict with the rules of international law, due to one of the permanent member states being alone in making its decision, far from legality.
This study provides an analysis of the tasks carried out by the Security Council in managing international crises in light of the international system with multipolar, bipolar, and unipolar systems, and to understand how the international crisis is managed according to each of these structural patterns, as well as to understand the behavior of major powers and their awareness of the limits of the influence of these poles.

Consumer protection effectively translates the concept of contemporary human rights and has become a widespread global concern. This concern is reflected in the attention of governments and is evident in the enactment of political and economic regulations. Therefore, it is imperative to highlight this issue in a manner that aligns with the modern era, and global trade must ensure reasonable protection for consumers, guaranteeing their confidence in the products they regularly purchase. The term consumer protection in its current form is relatively modern, driven by multiple factors, including the increase in consumer goods due to population growth. Additionally, judicial efforts have not traditionally focused extensively on direct consumer protection. This modest attempt aims to shed light on consumer rights protection, explaining how it aligns with the latest developments and influential aspects of consumer protection.

As contemporary security requires the formulation of a comprehensive strategy based on multidimensional sub-strategies (economic, developmental, social, cybersecurity, military,and diplomatic dimensions to achieve so-called sustainable security and address the unconventional challenges that worsened with the turn of the twenty-first century and concerned with violent extremism, often leading to terrorism, Iraq, despite the reversal of the terrorist group ISIS in 2017, seems urgently needed to formulate effective strategies to counter violent extremism, Violent extremism has multiple internal and external reasons.
These causes have increased due to local, regional, and international causes. Violent extremist factors began with the outbreak of the Russian-Ukrainian war, which affected food supply chains and was important for wheat. The Gaza war caused consequent repercussions on energy crossings and supplies in the Eastern Mediterranean and West Asia. Owing to these factors, there have been repercussions on regional and international hubs and blocs in the Middle East. Additionally, the continued US-Iranian escalation on controversial issues worsened the situation. The US- Iranian influence essentially imposed
polarized and focal agents in Iraq as well as eastern Mediterranean countries. Not only political, economic, and military repercussions have developed, but also as internal conflicts in the Middle East have increased, transnational, cross-border extremism has invested in individuals' challenges such as fear, poverty, destitution, poor education, and lack of social justice. This study, thus, aims to examine the reasons for the continuation of violent extremism in post-ISIS Iraq, and to explore possible prospects for sustainable security strategies to counter violent extremism in Iraq

The subject of ‘Responsibility to Protect’ (R2P) has attracted the interest of researchers, and remains controversial, both in theory and in practice. This piece of work examines the North Atlantic Treaty Organization’s (NATO) intervention in Libya in 2011. It assesses the decision to intervene based on the claim of humanitarian norms, on the one hand, and state interest, on the other hand. This paper will present reasons why the U.S. and some of its European allies intervened in Libya but not in Rwanda, Yugoslavia, and other countries, where mass atrocities happened. The response to the crisis in Libya was remarkably quick, whereas, in many other cases of mass atrocity, those crimes have failed to generate sufficient and timely political will to protect civilians at risk. Humanitarian intervention is said to be undertaken because of concern for the well-being of civilians. Thus, this study based on Christopher Hobson’s argument observes that due to the limitation of human physical and mental abilities, one can’t predict the outcome of their actions accurately. However, intervening parties should be more cautious before the action. The humility theory serves as a framework for understanding the physical and mental constraints of humans. Humility is considered a significant factor in influencing human behaviour. The right intention of R2P does not lead to a good outcome all the time, because of human disability and limitations to control external events.

Energy security is a fundamental pillar in the economic and social development of countries, and it is of particular importance in Iraq due to its economy's heavy reliance on the oil and gas sector. This study aims to analyze the reality of energy security in Iraq during the period 2014-2023, reviewing the policies adopted and the existing challenges. The paper addresses the concept of energy security and its dimensions in the Iraqi context, and analyzes the reality of the oil, gas, electricity, and renewable energy sectors. The study also reviews government policies and legal and regulatory reforms aimed at enhancing energy security, and discusses the political, security, economic, technical, environmental, and social challenges facing this vital sector. The study concluded that Iraq, despite possessing huge oil reserves, still faces significant challenges in achieving comprehensive energy security, most notably the excessive dependence on oil, weak energy infrastructure, and political and security instability. The study also showed that Iraq has taken important steps towards developing national energy strategies and implementing reforms in the sector, but their implementation on the ground still faces significant challenges. The study recommends the necessity of adopting a comprehensive and integrated national strategy for energy security, focusing on diversifying energy sources, modernizing infrastructure, and accelerating the pace of legal and regulatory reforms. It also emphasizes the importance of enhancing regional and international cooperation in the field of energy and paying attention to the environmental and social dimensions of energy security.

Tax governance is a relatively modern concept, but it is of great importance for the parties to the tax relationship and society as a whole. However, it seeks to achieve a set of goals that are not difficult to reach, except by taking the principles of governance. Hence, despite its importance, we find that the reality of its implementation is confronted with a number of obstacles that we have tried to shed light on, and discuss in this research with the proposal of steps that lead to overcoming them. These steps, for example, are the digitization of the tax administration, activating the role of supervisory bodies, establishing a specialized supervisory body to combat administrative corruption, working to achieve tax justice and develop a sense of citizenship, working to change the perception of taxpayers towards tax and spreading the principles of democracy and respecting the principle of the separation of powers

The lease contract is the ownership of a known benefit for a known consideration for a known period. The right to the benefit may be lost to the tenant, completely or partially. If this right is lost to the tenant, it has a clear effect in Sharia and the Iraqi Civil Code in granting the tenant rights, especially in the partial loss of the benefit, by giving him the choice between rescission or keeping him with the full or reduced rent. According to the opinions that we will explain, along with the explanation given for each jurisprudential opinion and legal text.
The leased property is the one over which the usufruct right falls, and its conditions are the same as the usual conditions for the premises, which are that it must exist, that it be specific or capable of being identified, that it is permissible to deal with it, and that it also has a special condition, which is that it should not be subject to total consumption.
The partial loss of benefit, according to Muslim jurists, is divided into several divisions, some of which give the lessee the option between annulment and retention while reducing the rent, and some that do not give him this option. As for the Iraqi Civil Law, it gave the option to the lessee, but the obligation falls on the lessor, starting with returning the leased property to its original condition at the time of the contract

Abstract: Today, governments are intensifying their efforts, in almost all countries of the world, at various levels, and in the foreseeable and long term, seeking to develop the necessary plans and strategies to ensure a better future and a decent life for current and future generations, within a circle called (sustainable development). Since the law - in the contemporary state - represents the guardian and guide for any effort, whether undertaken by governments or individuals, and since the role of legislative specialization in achieving sustainable development is still not highlighted by specialists, and since the enactment of specialized legislation in the direction of achieving sustainable development is a transformational approach towards addressing the pressing environmental, social and economic challenges of our time; because it aims to address fundamental issues that drive effective change towards a more sustainable future by focusing on specific areas, this study came to answer questions focused on the concept and role of legislative specialization in achieving sustainable development, by following the methodology of analysis and comparison. The study came out with a result indicating the necessity of relying on the standard of applied efficiency in evaluating legal texts specialized in sustainable development, and that specialized legal texts should be clear in determining the form of interaction between governments, the business sector and civil society as strategic partners, as well as Innovation in texts is the driving force for developing cooperation and communication between countries, and helps stimulate the exchange of new ideas, competencies and experiences, and the need to view specialized texts as a form of achieving integration of international relations that enables rapid response to technological innovations and modern developments in the field of sustainable development.

International law is a potential mechanism for addressing the adverse impacts associated with natural resources consumption and pollution resulting from human activities.
Currently, there are lots of international environmental agreements and rules which govern different aspect of our environment. However such international environmental rules are ineffective due to different challenges and factors that affect its effectiveness. One of the main challenges is the lack of effective enforcement mechanisms which make it unable to implement these rules.
This research aims to analytically study the main factors and challenges that affect the effectiveness of the current enforcement mechanisms of international environmental law.
This paper showed how inadequate implementation mechanisms can impede the enforcement and effectiveness of international environmental law, resulting in environmental degradation, and difficulties in achieving the goals of the environmental agreements. The analytical study gives an in-depth idea on the reasons affecting the effectiveness of these rules and causing a lack of implementation across different environmental areas.

This study aims to identify this phenomenon ((multinational companies)) and what are the roles of international law towards this phenomenon. If there are many factors that contributed to the development and strengthening of the trends of the concept of globalization, then multinational companies are considered the most important single factor among these factors. To achieve the objectives of the study and verify the validity of its hypothesis, the historical approach was used through which we will learn about the history of the emergence of these transnational companies and the analytical approach in order to analyze the phenomena resulting from the work of cross-border companies or what is called transnational and the descriptive approach to show the most important distinguishing characteristics of this phenomenon, which has become part of the reality of countries. The study has led us to a number of conclusions, the most important of which are: Multinational companies have penetrated decision-making centers and we find the inability of countries to issue laws governing the activities of multinational companies, which contributed to weakening the state and institutions operating within the state, due to the existence of a gap between the actual reality and the legal perception of multinational companies as a legal phenomenon. The recommendations were as follows: Understanding phenomena is difficult because phenomena change with time and place, and descriptive data focuses on specific phenomena at a specific time and place. Therefore, the phenomenon of multinational corporations is one of the most important phenomena. Therefore, these companies must be subject to the judiciary of the host country and its rulings must be respected. No external party has the right to impose its will, disturb political life, develop customary disputes, or resort to methods and forms that would destabilize political and economic stability within the country, which would lead to effects on international relations between countries.

The international community is trying hard to reconcile the benefit of a thing with its harm, and establishes obligations and compensatory controls in the event that damage occurs from or because of the thing or by an active act that affects others, whether the damage is material or even moral to society, so what if the damage is nuclear radiation and its leakage is catastrophic for humanity and... Other creatures and life as a whole, and it affects areas where the extent of the damage cannot be predicted, or stop at a specific or designated place. Therefore, international responsibility takes on this issue that is dangerous to the entire world and at the same time beneficial to it. If used by legitimate, peaceful international means, the possibility of the international community to establish and define the basis of international responsibility, nuclear damage resulting from radiation and its leakage, and redress the damage with compensation that is at the level of the serious effects and disasters that caused the damage to the country or several countries, whether immediate or future, especially after the race. International use of nuclear weapons, whether military or peaceful, whether overt or secret. The International Atomic Energy Agency must activate its oversight, inspection and investigation of countries that own nuclear facilities, monitor all their activities, and take the highest levels of caution and caution regarding these facilities

A metaphor is a word that is intended to have two meanings, not a single meaning. One of these two meanings indicates divorce. A metaphorical divorce is the husband’s expression of divorce using a metaphor, provided that the intention is present, such as the husband saying to his wife, “Go to your father’s house.” This word may have the meaning of divorce, but it may have the other meaning, which is permission to go out and the difference.

In all of this, the decisive factor is the presence of intention. Given that many words and phrases are taken lightly by people and are dangerous in the issue of divorce, it was necessary to clarify them and point out them. Because they are customary terms and not legal ones that change from time to time in the same country, in addition to that they also change from one country to another. As a result of the lack of a legal legislative organization that regulates the issue of idiom divorce, the need necessitated referring to comparative laws in countries that have dealt with this issue, including Jordanian law, in order to adopt them. In comparison with Iraqi law, an organized legal solution will be developed to resolve the disputes that occurred. Among the solutions was to propose to the Iraqi legislator to amend Articles (34) and (38) of the Iraqi Personal Status Law No. 188 of 1959 by adding some necessary paragraphs to make them consistent with the customary terminology regarding divorce cases.

Initially, environmental debt was seen as a tool aimed at rebalancing the relationships between the North and the South, Civil society and Southern countries demanded financial compensation for the damages inflicted on their environment and natural resources. Some actors attempted to link this presumed environmental debt with the actual financial debts burdening the budgets of developing countries, claiming the right to compensation. However, none of these demands received support from the international community, Subsequently, countries introduced a more diplomatic approach, stating that this environmental debt should not be seen as a synonymous "fine" for the sins of Northern countries, but rather as a redistribution of the development benefits gained by past generations in favor of future generations. The environmental debt was used as a basis to demand assistance for sustainable development and to achieve environmental justice in the distribution of the burdens of environmental preservation and pollution control, in accordance with international policies for managing ecological systems. Additionally, it aimed to protect indigenous populations by restoring their rights to their lands, particularly their ability to participate in decision-making processes that affect them.

The issue of disability is one of the topics that is exposed to the human condition that prevents him from carrying out some legal tasks unless the capabilies and facilitating means are provided to enable him to carry out these tasks . This condition may be mental in the form of mental disability , or it may be physical such as auditory , visual , or motor disability. When he is opposed by symptoms that are contrary to his will can prevent his ability to complete the formal legal disposition in which the legal project entails the imposition of Bending of certain structural this is not a disposition intact until after they meet , and since the nature of human life and sustainability does not stop at opposed occurred to humans , it is not fair nor logical in legal sense not to dwell on the disable conclusion of the formal disposition here promote the need to reconcile what holds a person of disability by this and on the other side , we find the legislator had been placed walls of structural regulations , which of course did not put legislator arbitrarily , and in spite of addressing the legislative system of the subject and although the FIGH has said his speech as well , but we however regretfully touched legislative gap features especially after the different applications and assumptions that have emerged especially after the precursors that gripped human societies , whether inside or outside of Iraq , But the FIGH remains between the push and pull of theorizations differentiated from penetrating in the format requirements and those who look at the emergence of theories capable of covering the various hypotheses of the topic .
Hence it was appropriate to determine the scope of these formal actions that cannot be executed by the disabled as the formulation of procedures and methods that could see that light in both previous or during formal disposition and that will provide important aspect if achieved to recognizes the work of the disabled and evolution intact .

Energy sources are of great importance in the policies of industrialized countries, and given that the Gulf of Guinea region is rich in energy sources and mineral resources, China’s foreign policy has witnessed a clear development, especially after 2013, as China began to focus on strengthening its presence in the region, and it has increased its efforts in the region. It expanded the scope of its cooperation with countries in that region with the aim of consolidating relations, because due to the increasing Chinese economic growth, Chinese policy began to search for new regions to ensure the security of its resources and the continued growth of its economy. By relying on soft tools, China was able to establish an independent foreign policy for itself, and after that it turned to the advanced use of economic tools, investments and aid in its foreign policy by building relations of cooperation and partnership with the countries of the region on the basis of common interests.
Search seeks; To answer the central question centered around what is Chinese foreign policy towards the Gulf of Guinea region? China's desire to rely on economic tools, investments, and aid was to modify its position and role in the region with the aim of achieving its foreign policy goals, and this was reflected in the increase in the aid program and economic support that China provides to the countries of the region.

Control is one of the most important tools and functions that are undertaken by the competent authorities through procedures used to follow up the progress of the administrative process and ensure non-deviation from the most important goals that were developed according to the plans prepared in advance and evaluate what is being accomplished and hold negligent accountable, and often the concept of control and control work is accurately described as a field for inventorying, monitoring and trolling the negative side of administrative work and indicating the failures only and recommending the maximum penalties and penalties, but in fact The matter is that administrative control has positive aspects and tasks in urging the development of controls for the conduct of business clearly and in accordance with the principle of administrative transparency, and in the event of violation, there will be penalties that vary according to the competent authorities.
The administrative control of universities in Iraq as one of the institutions of higher education, whether governmental or private (private) multiple, such as the control of educational or governmental institutions automatically or self-control is the control of the Ministry of Higher Education and Scientific Research as a competent authority in this regard and the control of other bodies as an external administrative control represented by the Federal Financial Supervision Bureau as the highest independent supervisory authority and specializes in preserving public money.
In general, it can be said that the control of the higher education sector is more like a means of control to eliminate any deviation or error that hinders the goal sought by higher education institutions, which achieves the highest level of providing educational services to raise a scientific level and higher competencies to serve the public interest, and this goal is automatically achieved is the implementation of the law, and this is what the control aims at, as it is not a means to ensure the safety of performance, but also to encourage and persevere in providing the best possible services provided. Scientific at a specific time at a speed that ensures that the application of the law is not violated, thus reaching the highest levels of financial and administrative control objectives on universities.

The agency of the commercial franchisor is one of the most important and unlimited investment mechanisms in the modern era, as it receives great attention at the international and domestic levels, by regulating its terms and conditions, requirements and procedures for obtaining it and all matters related to it, because it leads to advancing economic development, and thus the prosperity of industry and international trade. Increasing the volume of production and consumption by expanding its circle of activity and saving the agent’s effort and time through the use of the trade name and the fame of the donor. At the internal level, it is noted that there is a clear deficiency at the level of regulation and legislation. The franchisee’s agency is still suffering from legislative deficiency. And even the absence of its regulation in the Kurdistan Region - Iraq, as the Iraqi Commercial Agency Regulation Law No. (51) of 2000 - repealed in Iraq and in force in the Kurdistan Region - Iraq - did not refer to the agency of the commercial franchise holder, and despite the fact that the Iraqi Commercial Agency Regulation Law No. (79) of 2017 in force referred to the franchisor’s agency as a type of commercial agency, and then explained its definition in the instructions to facilitate the implementation of the Law Regulating Commercial Agency No. (1) of 2020 issued by the Iraqi Ministry of Commerce, but it did not regulate it independently and in detail. Rather, its provisions have been included among the provisions of commercial agencies in general. Therefore, given the prosperity of trade between countries and the large number of dealings through the agency of the franchise holder in commercial circles from a practical and scientific standpoint, legislative intervention is necessary to regulate them

The crime of unprofessional agreement between individuals with medical professions is considered one of the most serious crimes that are widely spread in various societies, whether Arab or international, because it is related to the daily lives of individuals and meeting their ongoing needs for these professions, whether they need a doctor, pharmacist, radiology clinic, laboratory for analysis, or even a hospital and other places that host these professions. Despite the prevalence of these crimes, there is great cover-up and extreme negligence by the competent authorities, as these crimes occur frequently and include large commercial practices and disregard for the lives of individuals. In these cases, the patient is treated as a tool to withdraw money and get rich, and his illness and weakness are exploited without taking into account the results of these agreements. In addition, this patient is treated like any ATM machine for cash, without respect for this noble profession or any of the moral values that the owner of this profession must adhere to and his duties towards his patients. Therefore, we have highlighted these examples to hold them accountable and put them under the microscope of justice .

Foreign relations have a fundamental role in determining the state’s position in the international community, as achieving stability, development, and improving the state’s general image before the international community depends on the nature of those relations, and they are considered among the indispensable basics for any country because they represent the state’s endeavor to achieve the vital interests of the nation. Defending it outside its borders, and in international forums, this importance increases for countries that have gone through crises or are trying to emerge from them. The authorities responsible for foreign relations are determined by the constitutions of countries, and among these authorities is the executive authority, which the constitution entrusts with representing the state at the external level, and with diplomatic representation, Concluding international treaties and agreements, in addition to planning and implementing the state’s foreign policy.

Many volunteers work in governmental institutions in the Kurdistan Region, committed to carrying out various specific duties as mandated by law or assigned by the relevant ministry. Their status parallels that of regular employees within these ministries. However, because of their unique relationship with these institutions, their legal status differs significantly from that of regular employees.Unlike employees, volunteers lack specific legal frameworks governing their rights, duties, and operational mechanisms within these institutions. This absence complicates errors committed by volunteers during their tasks, which may be professional, as there are no established procedures akin to those for public employees. Consequently, disciplinary actions designed for regular employees are often impractical for volunteers, as they cannot achieve the intended effects due to the absence of enforceable consequenc, Therefore, it becomes necessary to establish a specific law for volunteers, in wich the legislator defines their legal status and specifies their professional duties, in addition to outlining the legal basis for liability arising from errors they may commit.

The International Criminal Court (ICC) is a highly significant judicial entity worldwide, created to ensure the accountability of individuals responsible for the gravest international crimes ever committed. The establishment of this court serves the objective of addressing a significant void in situations where states are incapable or unwilling to prosecute the accused within their own national judicial systems. Truly, this global tribunal was founded pursuant to the Rome Statute in 1998, which became effective in 2002. Given its implementation of retributive labor and advocacy for global accountability, numerous inquiries have emerged regarding its efficacy and efficiency. To accomplish this, it is necessary to assess the court's performance in recent years, analyze various elements of its work, and demonstrate the efficacy of its legal procedures and the efficiency of its response to challenges posed by member states and international groups. The study concentrates on comprehending the establishment of the ICC and delineating its constituent organizations and jurisdictions. Next, the researcher analyzes the system's performance by considering its handled cases and assessing how much it has contributed to improving worldwide trust in the international justice system.

The legitimacy of implied powers as a practical guide helps the development of international organizations,as it gives them flexibility to adapt to new situations in legal life, This theory arose initially in the national constitutional jurisprudence of the United States of America,through the jurisprudence of the Us federal Supreme court,but international judiciary has worked on this, The theory in the field of interpretation in the absence of texts of the charters establishing international organiztions, According to this theory ,the international organization is recognized to exercise powers that are not explicitly stated in its founding charter, This theory had direct effects in developing the work spaces related to this organization though its exercise of activities and competencies necessary for its work,its functions, This specialty was an effective means of sustaining life in the organs of that organization and a tool for ensuring flexibility in work and experiments with international developments The law of international organizations used this theory to fill the deficiencies or deficiencies in the legal texts related to the interpretayion of the organization's charter.In light of this theory , The United Nations and its judicial apparatus had The international Court of justice plays amajor role in adopting the functional international approach to the Charter and applying it through alarge number of advisory opinions issued by it.This section consists of an introduction, three sections,and a conclusion.

التحكيم , بترول, المنازعات

The quality is one of the conditions for accepting the procedural right in the Code of Procedure, and the procedural right concerned in this study is the right to claim, and the quality, both substantive and procedural, is of great importance: from a theoretical standpoint, jurisprudence differed in its necessity for accepting the procedural right and in its nature and effects, and their difference was a reflection of the legal position. Its direction fluctuates. From a practical standpoint, setting standards for capacity facilitates and speeds up the resolution of judicial disputes, and regulating capacity clearly shows the extent of the state’s respect for human rights and protection of the weak party. The research addresses the problem of confusion between capacity and capacity on the one hand and interest on the other hand. It also addresses the problem of setting a standard for the existence of capacity and setting separations and boundaries. Between its effects, the effects of eligibility, and the effects of interest, the condition of interest does not completely replace it, as capacity is a legal basis for accepting the procedural right and for exercising the procedures. We have adopted the inductive and original research approach and the comparative approach as ways to address the problem. In this research, we have proposed amending the text of Article Four of the effective Iraqi Procedures Law No. 83 of 1969.

Corruption in the world is a well-known and widespread phenomenon, and a growing scourge in all countries due to its direct negative impact on the development of societies and limiting their development. It has also become a phenomenon with social, economic and political aspects. Its combat requires not only the concerted efforts of the institutions of the one state, but also the need for states to cooperate with each other to reduce administrative and financial corruption. International anti-corruption accords have been crucial in expressing political dedication to combat corruption and in establishing fundamental international norms and strategies to address the issue since 1996.

Several regulations in Iraq, such as the revised Iraqi Penal Code No. 111 of 1969, prohibited financial and administrative corruption. The lawmaker's purpose is to combat corruption and foster an Iraqi culture grounded in honesty. In 2003, the dissolution of the Coalition Provisional Authority in Iraq resulted in the establishment of the Integrity Commission and the implementation of regulations concerning money laundering, inclusion, and the Integrity Commission Law. The rules were designed to address corruption and uphold the rule of law in accordance with the international treaties that Iraq had ratified. A special investigative court was established to further examine and convict persons at the KR level for corruption. The study has been thoroughly examined from several perspectives, and the last part encapsulates the main themes.

The moral influence has an impact on the will of the party affected by the moral influence, and thus one party to the contract has authority over the other party. It differs from the rest of the defects of will in that moral influence requires the existence of a relationship between the party affected by the moral influence and the holder of the authority. Without the presence of this authority, it is not considered a defect. Of the defects of will.
Contracts concluded in the presence of moral influence create an imbalance between the parties to the contract, as one party is in a stronger moral position than the other. This pushes the person affected by the moral influence to agree to a contract that would not have been concluded without the presence of moral influence, or to agree to arbitrary terms in the contract that would not have been possible. He agrees if there is no moral influence, which makes the acceptance of the party affected by the influence under influence that makes him not free in his action.
Some civil laws consider moral influence to be coercive if it is combined with coercive means, and some of them consider it a case of defective exploitation.

Talking about political asylum is closely linked to human rights, which cannot be separated in any way. Therefore, we see that the international community has paid attention to this issue through the opinions of public law jurists and also through international agreements and treaties that have tried by various means to protect people who are threatened by their countries. For reasons related to political thought or national, religious and sectarian affiliation, several agreements and treaties were reached that regulate the life of the political refugee and that he has freedom in the state of refuge. He has an obligation towards the state that has guaranteed him, his life, and the life of his family. The country from which the person fled does not have to request him or appear before its courts. This is consistent with human rights affirmed by the United Nations and the entire international community.

This study examines the recent reforms to the contract law in France, as a series of amendments were made to the civil law and included within what is known as the contract law, the revised section of which entered into force on October 1, 2016 and the other section in the year 2018. The research deals with the main innovations of French law with reference and comparison. With Iraqi law, which has not witnessed any amendment since its entry into force in 1951, The study includes an analysis of the amendment adopted by the French legislator and whether the unification of liability provisions can be adopted in the Civil Code after it, the Basic Law of Private Laws.

The public sector occupies an important role in the advancement and development of societies, as well as its distinguished role in implementing the state's public policy by organizing various aspects of social, economic, and political life. The importance of the public sector has increased as the state's activities have expanded beyond the concept of a minimal state that only provides internal and external security, resolves disputes among individuals, and manages basic public facilities. It has become an intervening state in most areas of life, resembling the activities of the private sector.
The increasing emphasis on the public sector has led to a greater focus on public employees, who are considered the primary tool of the state in achieving its objectives and carrying out its various activities to provide the best services to individuals and achieve the public good. The success of the government in its function depends on selecting the best human resources and the most competent individuals for public service. The establishment of the Public Service Council under the Civil Service Law No. 55 of 1956 is a qualitative addition to selecting the best candidates for public service and solidifying the principle of merit in appointments.
However, the lack of attention to this council and its inability to compete with the private sector in the 1970s resulted in its inability to provide public institutions with public employees, especially in critical specialties.
One commendable achievement of the Iraqi constitutional legislator was the reestablishment of the Federal Service Council under Article 107 of the 2005 Constitution. The council is responsible for appointments, reappointments, and promotions in the public sector, regulating its affairs, and keeping it away from partisanship and politicization, in order to rebuild a state of institutions.
Thus, the Federal Service Council has become the exclusive authority for appointments in state departments and the public sector. It operates based on the conditions, mechanisms, laws, regulations, and instructions in effect. However, the increased powers of the Council of Representatives, beyond what was stipulated in the State Administration Law, in approving the appointment of ambassadors, holders of special ranks, and military leaders, led to the distribution of these positions according to national and sectarian quotas, based on partisan electoral entitlement, rather than merit, competence, and integrity. This has weakened the role of the executive authority, which is responsible for implementing the state's public policy and supervising the work of ministries and non-ministerial entities.

Annulment is the right of each party to the contract، according to which each party has a legal guarantee against the party violating its obligation، but this right is restricted under the general rules to the discretionary authority of the judge، and the judiciary went to restrict it further in the contract for the sale of residential units under construction، driven by justifications، some of which are legal related to the nature of the contract. And others are economic related to encouraging investment and the development process within the country. From this standpoint، our study comes to study the annulment of this contract in order to clarify the position of the Iraqi legislator and the direction of the judiciary، and to study its justifications and discuss them extensively، and to evaluate the positions in parallel with the modern judicial trends that organized this dimension of this contract.

The influencing factors of electoral systems and party systems are two basic factors that affect the political and electoral representation of the marginalized and most prominent groups (women and minorities), by increasing or decreasing their political participation. Accordingly, the constitutional and legal legislation in Iraq had the most prominent role in the presence of these groups in the parliamentary councils. The constitutional judiciary has a major role in ensuring the implementation of these texts by exercising its powers to monitor the constitutionality of laws and interpret the texts of the Constitution, which has enhanced the political participation of these groups. Many constitutional disputes have been raised before the Federal Supreme Court regarding the application of texts related to the quota for women and minorities, whether the percentage of representation increases. Women account for a quarter of the seats in the House of Representatives, And if one of the minority groups did not obtain the sufficient percentage stipulated for their representation, the numerous decisions of the Federal Supreme Court in this regard came to confirm the necessity of correct application of the quota system (women and minorities) in a way that guarantees their fair representation in parliamentary assemblies.

The presumption is an exceptional legal tool, based on a contradiction to reality, created by the legislator. It is included in the formation of the criminal legal rule when it is formulated, so that one fact takes the ruling of another fact, and it has all the legal effects as if it were based on a realistic fact, and the presumption is used for the criminal policy to achieve its desired goals. The assumption has its basis or basis on which it is based, and it is contained in the content of the criminal text, and it cannot be inferred or measured against it. The assumption may include the crime as a whole or be limited to one of its pillars or elements. In addition, no stage of the criminal case is devoid of cases of legal assumption.

One of the main goals of the United Nations and its specialized agencies is to solve economic, social, cultural and humanitarian problems through international cooperation. Therefore, a number of these specialized agencies have been established to achieve these goals, and agencies that may or may not have been originally established by the United Nations, and the specialized international agencies are still looking for ways to make them more consistent with the major developments in the fields of international life and seek to benefit from the experiences of some of them in the field of managing important and vital files successfully to avoid failure and address shortcomings in some areas of life that they deal with. If these organizations are required to prove something, therefore, the extent of the ability of the specialized agencies to impose international sanctions. Also the role of these sanctions in improving the performance of the work of the specialized agencies. We will try to answer the questions of the problem by following an analytical descriptive inductive approach to research the role of specialized agencies. We studied the topic of the role of specialized agencies in enforcing international sanctions through two topics that we divided into five demands and several branches, as shown in the attached table.

This research confirms that the international legal and political meaning of the concept of sovereignty and the state since the emergence of independent national states in the fifteenth century until today has not undergone a fundamental change from a theoretical standpoint. But In the reality of the variables of the international order and the international community In practice, we find it clear in the great countries, less clear than in the average countries, and almost non-existent in the small, weak and fragile countries. The protection of sovereignty for all countries, regardless of their position in the international system and the international community, is achieved through purely national industry, and it has its own capable and advanced means that accommodate the variables of international systems. The means to provide protection for the sovereignty of small and weak states in a way that achieves the acceptable level in achieving the highest goals of their societies is to address the causes of weakness, and the best way to address weakness in small, fragile states is to create national power. The process of creating national power to protect the sovereignty of small weak states must start from their societal framework in ensuring the protection of the rights and freedoms of the citizen, the satisfaction of his basic living needs, the possession of elements of scientific and technological power, and the building of international alliances that enhance the protection of the state’s sovereignty and its global standing.

The portrayal of waiver as an expression of will is inaccurate; Because, as some people imagine it to be merely an expression of the will without taking into account the content of the will itself, it is more correct to say that it is a will issued by the person concerned and do not be distracted from the fact that the law takes into account the will without its expression. Because the will has no legal value unless it comes into existence. As for the position of legislation regarding the stipulation of the idea of waiving adherence to invalidity, they differ among themselves in multiple directions. There are laws that referred to the idea of waiving invalidity and regulated it with special texts, including the Egyptian Civil and Commercial Procedures Code, which stipulates that invalidity It disappears if it is waived by the person for whose benefit it was legislated, explicitly or implicitly, with the exception of cases in which the invalidity is related to public order. To distinguish between waiving the claim to invalidity and the legal facts that negate the right to claim the invalidity, both are legal means that limit procedural invalidity. They play a role in preserving the judicial procedure. Therefore, they agree that they are means of punishment on the one hand, but they differ in several matters on the other hand, the most prominent of which is the waiver of the claim to invalidity, a judicial procedure that forms part of the dispute and creates a procedural effect on it, while the dropped facts are not judicial procedures, but rather material facts that create a direct legal effect in addition to The Iraqi Civil Procedure Code did not include an integrated theory of invalidity that distinguishes between formal and substantive defects in the procedure, similar to French law. Therefore, the research had to be divided into two sections, the first of which included the nature of the waiver of invalidity, while the second specialized in studying the effect of the waiver of invalidity.

Telecommunications has become an indispensable sector in our lives, serving as a primary supporter of electronic commerce. Especially with most countries moving towards liberalizing their markets for free competition and transitioning to regulated competition, this competition has collided with the reality of the proliferation of practices that constitute restrictions or violations of the provisions of this competition in the telecommunications market.1 These practices have diversified into two categories: individual acts involving abuse of dominant position, and collective acts in the form of agreements and concentrations that contravene competition regulations.2 It has become necessary to regulate and restrict these practices to preserve fair competition through authorities that adopt supervision and control over them to prevent any infringement of competition rules in the market, whether it is domestic or international, especially if goods and services are imported.3 In this study, we shed light on the legal means and mechanisms aimed at protecting competition from these practices. If these practices exceed the permissible limits, they can lead to monopolies and market domination, resulting in harm to both customers and consumers on one hand, and to the national economy on the other.

The role of the political authority in opening up to the opposition played an important role after 1991 in crystallizing a set of constitutional and legal successes that organized political life in the country, put an end to repeated military coups, and paved the way for the peaceful transfer of power after long years of political, social, and economic instability.

It is recognized that wherever the word “common share” or “common money” is found, it indicates a multiplicity of owners of the real right to this share or money, and this pluralism is followed by a multiplicity of interests and an increase in desires and favoritism in exploiting this share based on commonality, and with it conflicts, disputes, discord, and conflict increase. There is no doubt that this common share has social and economic disadvantages that make its continuation undesirable by the partners or the partners’ creditors due to each owner exercising his authority over the common thing, especially use and exploitation, which makes the common share useless from an economic standpoint, and a cause of many disputes. Socially, as well as legally, Due to the importance of this topic, as it is a vital and always renewed topic before the courts, comes the importance and necessity of the work carried out by the competent courts to determine the legal treatment through which it aims to divide this common share in a judicial division with a strict system and correct procedures followed by the judiciary that inspire a spirit of reassurance and seriousness between the litigants (partners in the dispute). Communism), and achieving equality between them to end their disputes by giving each person his right to a separate share, thus eliminating disagreement and achieving economic and social benefit; Because communism is considered, in all cases, a temporary state that is destined to end and disappear.

The requirements for preserving public order and the public interest is to protect the environment, because the environment is a right of future generations and protecting it is a duty for this generation. Protecting the environment falls on the responsibility of the state and individuals together. It is the duty of individuals not to harm or pollute the environment, whether with chemicals or substances. Natural, but in unnatural proportions or in excess of the natural limit, and one of the forms of damage to the environment is the damage resulting from the industrial breeding of animals, such as that resulting from the remnants of their waste, such as odors, or that resulting from slaughterhouses of animal skins, which leads to the accumulation of insects, epidemics, and other things, in addition to the resulting sound pollution. Regarding animal sounds, all these pollutants and forms of damage to the environment are subject to the rules of civil liability, and its legal basis varies depending on the type of damage. Tort liability results from the negligence of livestock owners in applying environmental cleanliness conditions. There is liability on the basis of damage, which is subject to proof to the contrary, as the defendant can prove the opposite and be exempted from liability. The Iraqi legislator in Civil Law No. (40) of 1951 took this type of Liability for environmental damage. The burden of proving the damage falls on the defendant, and the judge has the right to estimate the type of compensation, whether material or moral, based on the severity of the damage.

The Internet provided the community with wide services in order to access information and facilitate communication between members of the community, which includes acquiring, maintaining, and exploiting a technological advantage. However, the other negative aspect of the Internet included its use by terrorist organizations (ISIS) over the past years, which included capabilities to inflict damage through The Internet and manipulation of cyberspace resources to recruit, spread propaganda for the organization and publish video clips of murder and abuse, as well as digital hacking and espionage, as ISIS used an electronic strategy that uses asymmetric warfare methods and adaptive tactics based on the fourth generation warfare (4GW) model.
Therefore, there must be an international and national response represented by the responsibility for the crimes we have mentioned, which requires effective cooperation between states, international and regional organizations and civil society, as well as information and communication technology companies for the possibility of responsibility. Every international or national figure or technology company has contributed to the occurrence of these crimes, even if it was to allow the publication of these clips on the communication sites or to allow them to be electronically circulated. For its crimes, however, the responsibility is shared between states and non-state actors represented by (ISIS) on the one hand and information and communication technology companies on the other..

Criminal responsibility has raised a great deal of jurisprudence and legal controversy about the importance of these penal texts, as the basic rights and freedoms stipulated in the core of the penal texts constitute one of the basic pillars of the concept of the legal state, and human rights have become their sacred place in society
Threat crimes may be committed via electronic means, as the development of the Internet and modern communication technologies in the twentieth century constituted a radical and important turning point in the history of human civilization, and was a qualitative leap in human life whose effects were reflected in all aspects of scientific, economic, social, political and other life. On this basis, there are criminal groups that have devoted their efforts to exploiting these high technologies and directing them to carry out their crimes and instincts; which directly caused the creation of new crimes that depend on this modern and advanced technology via the Internet, as it is considered one of the most heinous crimes committed against the other party. It made the other party a commodity that is exploited through the threat process that takes place via social media. Therefore, some cases of misuse constitute negative cases that harm others by defaming them by providing false information

The legislator aims to ensure achieving the right and not losing it in order to achieve legal security through the correct application of the law. Therefore, the legislator created a legal way to evaluate and correct the marred judicial or non-judicial rulings and decisions that have acquired a definitive degree of errors or violations of the rule of law or a violation of public order, to achieve A higher interest is the interest of the law, even if that conflicts with the validity of final and final rulings and decisions, and that is the path of appeal in the interest of the law. It is a path that aims to properly apply the law against a ruling that was issued to the contrary and has acquired the degree of finality, which requires studying this path that came as an exception to the general rules. Appealing judgments provides an analytical study coupled with judicial applications in this brief article.