Journal of Legal Sciences, a semi-annual scientific journal issued by College of Law - University of Baghdad, concerned with the publication of research and legal studies and jurisprudence and summaries in university, as well as the conferences and seminars held by the College of law. The journal first issue was in 1969, and continues so far in the extension of the issuance to all faculties of law in Iraqi universities and government institutions, as well as "the ministries and related institutions. Researchers from inside and outside Iraq publish their legal research in Arabic, English and French in the journal. It has been accredited for the academic promotion of university professors and has been given the standard classification since 2008. It has identifier number in the Iraqi Book and Documentation House (675) for the year 1998. The Journal published in two volumes each year, as well as on the number of research papers of the teaching staff with postgraduate students, and the special preparation of the researches of the legal conferences held by the College of Law - Baghdad University.
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Collateral damage according to the rules of international humanitarian law a study of the Amriya shelter crime as an example of American folklore that violated the laws of war
The rules of international humanitarian law aim to achieve a kind of balance based on the implementation of the principle of proportionality between military necessity, with the advantage it achieves that contributes to weakening the capabilities of the enemy in preparation for its subjugation on the one hand, and human ethics, the protection of which constitutes the goal of legal rules. Armed conflicts witness the exposure of civilians to untold harms on the part of the attacker. It is “collateral damage” that does not lead to his responsibility for it, as it is acceptable according to the rules of international humanitarian law. However, this proposal is based on a wrong idea resulting from broad interpretations and justifications of military necessity at the expense of the protection established as an asset for the protected groups This preliminary study sheds light on a crime committed by the international coalition led by the United States of America in 1991, when it targeted a civilian shelter located in the Al-Amiriyah area, west of the Iraqi capital, Baghdad, where hundreds of civilians, women and children, were sheltering. The American attack led to the killing of all of them, which constituted another crime. A silent crime committed by the United States forces against civilians in Iraq We have studied the above topic through three basic paragraphs, where we explained the legal concept of collateral damage in accordance with international humanitarian law, then we explained the problem of the balance between the principles of humanity and military necessity in cases where some form of collateral damage occurs, and finally we clarified the treatment of these principles according to the events that led to the bombing. Al-Amiriyah shelter according to the American point of view and the response to it from a legal perspective
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Aspects of Legislative Protection for Sustainable Development in Iraqi Civil Law
Sustainable development is one of the modern concepts that seeks to achieve a balance between the requirements of economic growth, social justice and environmental protection, so that the needs of the present generation are met without harming the rights of future generations. Although the Iraqi Civil Law No. (40) of 1951 was established before the emergence of this concept globally, its texts and general principles include aspects that indirectly contribute to achieving the goals of sustainable development. Accordingly, this research addresses the aspects of sustainable development in Iraqi civil law through three main dimensions, namely the economic, social and environmental dimensions.
Mental Capacity under the English Mental Capacity Act
This study presents a descriptive and analytical examination of the English Mental Capacity Act 2005, one of the most significant legislative instruments concerned with protecting individuals who experience mental impairment while preserving their legal autonomy. The Act is founded on a core principle: capacity is presumed in every person, and it may only be rebutted through an objective assessment demonstrating an inability to understand, appreciate, or make a decision. The research seeks to analyze the legal and philosophical framework underpinning this legislation, highlighting how it strikes a careful balance between legal protection and individual freedom. Using a descriptive–analytical approach, the study examines relevant statutory and doctrinal texts, alongside judicial applications that have helped consolidate the notion of mental capacity as a functional and situational concept, rather than a fixed or permanent mental condition. The findings reveal that the Mental Capacity Act represents a fundamental shift in English legal thought, embodying a human-centered approach that promotes a more balanced and dignified understanding of capacity, reason, and personhood. This model could serve as an inspiring foundation for the future development of other legal systems seeking to reconcile protection with autonomy in a humane and equitable manner.
Reasons for Expiration of the Independent Guarantee
The independent guarantee contract, in the strict sense of contracts, is a contract that the will of the parties to the security transaction in the broad sense tended to consider as an independent contract that stood on its own, and separated it from the case of dependence known as traditional guarantees. Subordination, in the sense that the nullity, dissolution, or termination of the main relationship does not entail the expiration of the independent guarantee, or that there are reasons attributed to the creditor that lead to its expiration. It is based on this that the independent guarantee ends with the original well-known reasons for expiration or with reasons dictated by the nature of the contract itself, such as the expiry of its validity period, but the matter does not apply to its release, which is not to transgress public order, in other words, the establishment of an independent guarantee, as a guarantee of an unlawful commitment, leads to the termination of the guarantee contract accordingly expiration of the independent guarantee.
This research examines the legal framework governing the investment of retirees in Iraq, focusing on their employment after retirement, as one of the ways to benefit from the nation's human capital. The research reviewed the applicable legal provisions, both those related to rights and duties, particularly Resolution No. (361) of 1985 and Instructions No. (7) of 1985. It revealed their inconsistency with constitutional texts and modern laws, such as Labor Law No. (37) of 2015 and Retirement and Social Security Law No. (18) of 2023. The research argues that the absence of specific legislation regulating the employment of retirees has led to the disruption of their energies and their exclusion from the labor market, despite their expertise and competencies. Accordingly, the research calls for the issuance of a special national law addressing this issue, which would ultimately achieve a balance between retirement rights and freedom of work, thus contributing to economic and social development.
Protection of Children during Armed Conflicts According to the Rules of International Humanitarian Law and the Laws of Arab States
The world has been and continues to be a theater of wars that inflict physical and moral damage on human beings. Since the establishment of the United Nations, the world has been searching for solutions to the crises caused by wars. The international community has addressed this problem by concluding numerous international agreements to deal with situations of war and armed conflict, including, for example, the four Geneva Conventions of 1949 and their two Additional Protocols of 1977, which included many provisions seeking to regulate the rights of civilians, children, and even participants in armed conflict, with the aim of limiting the harm that may befall them. The Arab Gulf states have also sought to provide greater protection for children in situations of armed conflict by enacting domestic laws to protect children. However, despite these provisions, they have not provided adequate protection for children during wars and armed conflicts. This has prompted us to prepare this research to develop an Arab mechanism through which adequate protection can be provided to children during armed conflicts at the Arab level, in the hope that it will serve as a nucleus for providing more protection to children at the international level.
The Legal Nature of the Operator’s Liability in Law No. 9 Of 2023 Regulating The Operation of Self-Driving Vehicles in the Emirate of Dubai
Recent developments in self-driving vehicles have become one of the most important issues that must be researched, especially with regard to civil liability arising from accidents involving these vehicles. With the issuance of Law No. 9 of 2023 regarding the regulation of the operation of self-driving vehicles in the Emirate of Dubai, as it is the first law to regulate this activity in the Arab world, it is a new activity in our contemporary reality which is extremely complex due to the intertwining of the relationships of the parties influencing its subject, so the law required studies to clarify the aims of its regulation and provisions in a way that reveals the approach followed by its legislator. It has become necessary to search within the details of this law for several issues, the most important of which is the civil liability arising from accidents of these vehicles, analyzing and criticizing them to determine their legal nature, since the law did not allocate more than one article which is Article 14, to the judgement of civil liability, in addition to searching for the nature of the operator of self-driving vehicles. The research followed the descriptive approach within the limits of defining self-driving vehicles, the analytical approach within the limits of defining the nature of the operator, and the critical approach in revealing the operator's responsibility in the law of operating self-driving vehicles, in three sections, and in the conclusion, it reached several results and recommendations, the most important of which was the issuance of an executive regulation for Law No. (9) of 2023 regarding the regulation of operating self-driving vehicles in the Emirate of Dubai, detailing its provisions and implementation.
The position of the Federal Supreme Court in United Arab Emirates on Guarantee Moral Damages in the event of non-Fatal Injuries
This research examines the position of the Federal Supreme Court in the United Arab Emirates on guaranteeing moral damage to spouses and relatives in the event of non-fatal injuries. We find that the Federal Supreme Court had an ancient approach stipulating the possibility of compensating spouses and relatives for the moral damage they suffer as a result of their relative’s injury, even if that injury did not lead to death, based on the principle of full compensation for damage. While the Supreme Court did not maintain the same position regarding the possibility of compensation for moral damages resulting from non-fatal injuries, as it ruled in most of its recent rulings to limit compensation to cases in which the injury leads to the death of the injured person. Spouses and relatives cannot be compensated for moral damages that are caused. As a result of their relative being injured, as long as he is still alive, and regardless of the degree of that injury.
Legislative Guarantees to Empower Women to Hold Public Office and Reduce the Gender Gap
This study aims to explore the concept of the empowerment of working woman as a critical pillar in the development and evolvement of the society, in addition to examining the challenges women face in enabling them to hold public positions; then to identify the legal principles established by the Saudi Law to achieve the principle of gender equality; and finally to demonstrate the legal rights granted by the Saudi Law to working women; accordingly, the researcher relied on the descriptive and analytical approach as a methodology for the research, The researcher reached several results, the most important of which are: The Saudi legislator has been keen to implement the principle of equality for working women in terms of rights and duties within the workplace, emphasizing that women should be treated equally with men. The legislator implemented this by using the term "worker," which encompasses both genders. The Kingdom has been keen to integrate women into comprehensive development plans, making their support and empowerment key objectives of Saudi Vision 2030. Therefore, the Saudi Law has focused on women's participation in political, legislative, and economic life by appointing women to leadership positions in the Kingdom. The researcher recommended the need to enhance women's self-efficacy through their participation in numerous training programs and practical courses that qualify them to make and take decisions. The researcher also recommended the need to shed light on the distinguished leadership models of Saudi women who have contributed to decision-making and occupying leadership positions via mass media, in order to change society's perception of women and their effective role in the political, economic, and social domains.
Addressing Ocean Acidification within the Framework of International law
The oceans contribute a fundamental role in regulating the Earth's climate by absorbing heat and almost a third of the total carbon from the atmosphere. As a result of human activity, the percentage of greenhouse gases in this atmosphere increased, and then the percentage of what the oceans absorbed from them increased, because ocean acidification and climate change are two phenomena that are closely interrelated. Close, because carbon dioxide is the largest greenhouse gas in terms of volume, and it is also the main cause of ocean acidification. This means that mitigating global warming by reducing carbon dioxide concentrations in the atmosphere will lead directly to mitigating the impact of ocean acidification. In this research, we will discuss the available methods for dealing with ocean acidification in international law, as it is one of the most future threats to the marine environment. Some international agreements on the environment and research initiatives adopted by international organizations in this regard.
The Effectiveness of University Administration in Iraq and Its Role in Promoting Institutional Reform
Universities derive their administrative structures and powers from Ministry Law No. (40) of 1988 and University Service Law No. (23) of 2008. The powers and administrative structures of universities and colleges are centralized, as defined by the Ministry Law and related regulations and instructions. These can only be altered by amendment from Parliament or by regulations or instructions from the Ministry. Universities and colleges cannot develop themselves except through new legislation, which may take years to enact or grant them the necessary powers. There are several obstacles that contribute to hindering the development of the administrative organization of universities and colleges in Iraq. Some of them are legislative, related to state policy, some are technical, related to the need to develop leadership and staff, and some are administrative and financial. As for the proposed solutions, it is necessary to address the legislation related to higher education, most importantly the Ministry of Higher Education Law of 1988, so that universities and colleges can develop themselves, expand, and decentralize their powers and work in a way that serves their administrative organization. The executive authorities must adhere to the legislation for establishing university institutions (universities, colleges, etc.), so that the establishment occurs after the completion of the requirements of infrastructure and funds. A high governmental committee should be formed, consisting of (higher education, planning, and finance), to inspect all universities, especially their administrative, financial, teaching, and infrastructure structures, and consequently hold accountable senior university leaders who are negligent in their work. In order to achieve administrative integration in universities, each university should be obligated to establish a center for strategic or international studies and research after fulfilling its requirements, or advanced scientific and administrative centers that help the university reach regional and global levels on the one hand, and help the university obtain a good financial resource through innovations and patents. Finally, it is necessary to establish a council concerned with universities called the (Council for Regulating Iraqi Universities), which consists of all official government universities in addition to a representative of private universities. Its goal is to develop practical and implementable plans for developing universities administratively, academically and financially, in addition to providing consultations to the government before issuing decisions to establish new universities or colleges in order to maintain the quality of higher education in Iraq and the ability to compete with regional and global universities.
Criminal Liability for Offenses Resulting from Errors of Autonomous Vehicles in the Kingdom of Saudi Arabia
This study analyzes the criminal liability for crimes resulting from errors of self-driving vehicles in Saudi Arabia through a comparative approach assessing the adequacy of current legislation to cope with technological advancements. The descriptive-analytical method was applied by examining relevant local and international laws, as well as exploring legal perspectives on whether artificial intelligence could bear criminal liability or if responsibility should be assigned to manufacturers, programmers, or users. The findings reveal that the existing legal framework is insufficient, as it is built on the premise of a human actor, which makes it inadequate for addressing autonomous vehicles. The study recommends legislative amendments to define the roles of different parties clearly and to establish mechanisms that ensure accountability for crimes resulting from AI errors. It further suggests considering artificial intelligence as a legal entity under specific regulations to balance technological innovation with legal security.
This research aims to explore and analyze the means of influence that a witness may be exposed to in the Sultanate of Oman, and their potential impact on the validity and credibility of testimony before the courts. The study begins by clarifying the legal status of testimony as an important means of proof in the Omani Evidence Law (Royal Decree No. 68/2008), with reference to the conditions and procedures regulating the performance of testimony, such as the obligation for a witness to ally and perform testimony in private. The research also addresses types of influence that may include pressure, threats, or even factors that influence a witness's recollection or understanding of the incident. The study highlights the importance of witness protection, noting that the Omani legislator has addressed some criminal measures related to witness protection, but recommends the necessity of issuing an independent law or amending the Code of Criminal Procedure to ensure the provision of comprehensive and effective procedural (formal) protection, including means of protecting the identity of the witness and ensuring his safety, to enable him to testify with complete freedom and without fear, which enhances the achievement of justice.
The Issue of Delays in the Execution of Government Investment Projects in Iraq: An Applied Study in Light of The Implementation Instructions for Government Contracts No. 2 Of 2014 With A Comparison to the Jordanian Model
The delayed execution of government investment projects is one of the most pressing challenges facing development in Iraq. Despite the existence of the Government Contracts Implementation Instructions No. 2 of 2014, these delays persist and often result in substantial economic losses and missed investment opportunities. This research aims to analyze the legal and administrative reasons behind the repeated delays in the implementation of such projects. It adopts a practical approach by examining selected case studies and official audit reports from Iraqi oversight bodies to identify the main weaknesses in the legal framework, particularly regarding the bidding process, contract awarding, execution phases, penalty mechanisms, and follow-up procedures. The delay in the completion of government investment projects in Iraq is a recurring and ongoing phenomenon that casts negative shadows on the developmental and economic reality. It has become a real barrier to improving the investment environment and attracting capital. The main reason for this delay is attributed to deficiencies in the legal and regulatory framework governing government contracts, especially the Government Contracts Execution Instructions No. (2) of 2014, which were not designed adequately to address emergencies and changes that occur during execution. The current mechanisms do not ensure speed in allocation, and they suffer from the multiplicity of oversight bodies and overlapping authorities, creating excessive bureaucracy. Furthermore, the study provides a comparative analysis with the Jordanian model, which has demonstrated relative success in improving the efficiency of public investment projects. By exploring the legal structure and regulatory practices in Jordan—especially the public procurement system and digital oversight tools—the study aims to extract valuable lessons that could inform Iraqi legal reforms.
The Relationship between International Law and Domestic Law and Its Applications in Iraqi And Jordanian Law
The research dealt with defining international and domestic law and its trends in the first section. In the second section, the research dealt with the theories of the two laws, and in the third section, the position of international law on the Iraqi and Jordanian legal system. I divided the first section into two requirements: the first was to define public international law as a branch of legal science and how scholars differed in naming this law. some called it) the law of nations) and some called it) the law of peoples). i explained its trends, which are the classical trend)which is a group of legal rules that regulate relations between states, and it is concerned with regulating rights and duties) and the objective trend)which considered the individual to be the only person of international law, who has the will, and that the legal personality of the state is merely an assumption that has no reality in existence) and the modern trend)which is to combine in their definition of international law the state and other persons of international law) In the second section, i defined internal law and explained the definition of legal scholars and philosophers, which is a formula for social behavior patterns. In a narrower definition, it is: a set of binding rules that govern the complex relationships of people living in society. in the second section, i discussed the theories of international and domestic law, where i explained in the first section the theories of the two laws, which are:)the theory of duality: which means making the rules of public and domestic international law one block, i.e. a legal system that is not separate from each other) and the theory of) the unity of law: which is the opposite of the previous theory and considers each law separate from the other, and is based on the idea of ​​legal gradation). on this basis, the supporters of the theory of the unity of law were divided into two directions) the first is the proponents of the theory of the unity of law and the supremacy of domestic law, and the theory of the unity of law and the supremacy of international law), and in the second requirement I showed the conformity of the two laws with the constitutions of the countries and its position on the Iraqi and Jordanian law. i showed in it that as a result of the contradiction between the theory of duality and the theory of the unity of law, the practical applications also differed through) international relations, international judiciary, and the constitutions of the countries). In the third section, I explained the position of international law on the Iraqi and Jordanian legal system, and explained the constitutional articles and laws in both countries.
Legislative Governance in the Field of Training and Career Development
Legislative governance is one of the important and emerging topics that deals with modern mechanisms and methods to raise legislative work to the level of legislative quality. As is known, the legislation that regulates the affairs of public employees in the public service, specifically in the field of training and administrative development, still suffers from deficiencies in organization in terms of legislative formulation on the part of, On the other hand, these legislations have adopted and still adopt classical school methods in training, in addition to the absence of technological support and financial accreditation. This is because the process of training and development, and then job evaluation to know the feedback or results of training, is an ongoing process and does not stop at a certain point. It is developed in terms of training methods and the level of training, according to the job ladder, to ensure the advancement of competent and qualified employees to occupy higher positions, This continuous and sustainable process must be surrounded by administrative and legal guarantees for the employee, allowing him to confront management in the event of its abuse of authority. This study focuses on the most important obstacles to training, development, and job performance evaluation, and the role of legislative governance in controlling the rules governing them.
Contribution of the International Tribunal For The Law Of The Sea To Strengthening The Marine Environment Protection System
The United Nations Convention on the Law of the Sea, which was concluded on December 10, 1982, guaranteed cooperation between states in all matters related to the seas. It established a legal system for the seas and oceans that facilitates international communications and encourages the use of the seas and oceans for peaceful purposes and the use of their resources in a manner characterized by fairness and justice. Protecting and preserving the marine environment and preserving its living resources, taking into account the sovereignty of all States, and whereas States Parties bear in mind that achieving these goals will contribute to achieving a just and equitable international economic system that takes into account the interests and needs of all humanity, in particular the interests and needs of developing States, whether coastal or landlocked, When any maritime disputes arise between the states party to the Convention, these states may resort to peaceful means of settling disputes or resort to the courts stipulated in the Convention to resolve maritime disputes. The International Tribunal for the Law of the Sea plays a prominent role in settling international maritime disputes. It is an international judicial body specialized in deciding issues related to the law of the sea, whether it is a matter of interpreting or applying the United Nations Convention on the Law of the Sea of ​​1982, or it is a matter of interpreting or applying an international treaty or agreement. Relevant to the purposes of the Law of the Sea Convention after the parties to that treaty or agreement agreed to refer it to the court. The court received (33) cases in which it decided, including those related to the immediate release of ships and their crew, or related to precautionary measures, or the settlement of maritime borders, or anything related to Protecting the marine environment.
International Tribunal for the Law of the Sea
Tort Liability for Drug Damage A Comparative Study between the Civil Code of the State of New York and the Iraqi Civil Code
Relying on criminalization and punishment to combat drug abuse is insufficient. It must take multiple legal dimensions. Civil law must play an effective and influential role alongside the legal system addressing drug-related harms, through tortious liability rules to remedy such harms. This will provide civil deterrence alongside criminal deterrence. Civil law can define the scope of these victims by establishing the legal basis for compensation based on tortious liability rules. Establishing the right to civil compensation for drug victims requires a logical legal basis that facilitates the victim's proof and adjudication before civil courts. Tortious liability can be another legal means of imposing financial penalties to combat this harmful act (illicit drug trafficking) and provide redress for victims harmed by drugs.
Independent bodies' oversight of the non-governmental sector in Iraq
Following the change of the system of government from presidential to parliamentary under the 2005 Constitution, the legal system in Iraq faced the emergence of independent oversight bodies that were not known before the entry into force of this Constitution, and which exercise oversight powers mainly over some government agencies. However, this did not prevent the extension of the control of some of these bodies to other agencies not affiliated with the government, even if they participate with government agencies in satisfying some public needs, aiming to achieve the public interest despite their private, not public, ownership, such as private universities and private banks. In light of these objectives, independent bodies are permitted to extend their oversight over these non-governmental bodies, given that they are governed by the state's general policy. It is also necessary to ensure that oversight bodies do not abuse the rights of non-governmental bodies whose goal is to achieve public benefit, not merely material gain. Institutional coordination between independent bodies and state bodies that exercise oversight powers is essential to prevent duplication between them.
Legal Status of Migrants Stranded at International Borders
The phenomenon of migrants stranded at international borders has recently attracted attention, highlighting their plight and human tragedy. This tragedy stems from the lack of a comprehensive legal framework applicable to this category of migrants, a framework designed to prevent the exploitation of their suffering and precarious legal status under flimsy pretexts and justifications that should never have been used to justify such actions. Human beings are being exploited under the pretext that they are illegal and unnatural migrants in the game of politics and in operations to provide security and guard international borders. Therefore, we have chosen to address in this research the legal status of this category of migrants, and to present the legal dimensions, or rather the loopholes, in their legal situation, which prevent them from resorting to the necessary legal means and expose them to Their situation is so degrading to their humanity and dignity that it is unacceptable to the human conscience and abhors the principles of justice and fairness. As a consequence of this precarious legal status, these migrants have been sacrificed to secure national borders. Even the countries forced to deal with this group of migrants perceived it as a failure to secure their borders, rather than an inability to provide the necessary legal protection.
Copyright (c) 2025 د. عبدالرحمان حمدي عبد المجيد، د. ريگر فرهاد محمد أمین، هیمن غني سعيد https://creativecommons.org/licenses/by/4.0
The Legal Issues of Linking Job Grade to Job Title and Ways to Address Them in Iraqi law
This research examines the legal problems resulting from the mandatory link between job grade and job title in the Iraqi employment system. The research is divided into two main sections. The first section focuses on diagnosing the problem, starting with defining the promotion and advancement systems, and analyzing the problematic nature of the mandatory link between them. It then discusses the negative effects of this linkage, which may include hindering the career path of outstanding employees whose jobs do not include high-level titles, weakening competency standards for promotion, imbalances in the distribution of tasks and responsibilities, and bureaucratic appointments and vacancies. The second section presents ways to address this problem. In its first section, it presents proposed legislative solutions, such as separating the financial promotion path from the title promotion path in the law, and establishing flexible promotion systems that depend on performance and efficiency standards instead of being exclusively linked to the title. The second section concludes with a discussion of the proposed executive mechanisms for implementing these solutions, which include mechanisms for evaluation and periodic review to ensure the success of the process of separating the two systems and achieving justice and efficiency in human resources management in the public service. The ultimate goal of the research is to advocate for reforming the career system by separating the financial promotion path from the job title to motivate competencies and achieve job fairness.
Compensation for Moral Damage within the Scope of Contractual Liability under the Jordanian Civil Code
Compensation for moral (non-pecuniary) damage remains a vital issue in civil law, reflecting the legal system’s commitment to safeguarding human dignity and emotional well-being beyond material interests. Such damage typically arises from psychological harm, defamation, or negligence that inflicts emotional suffering difficult to quantify yet deeply affecting the injured party. While this form of harm is traditionally addressed within tortious liability, its recognition under contractual liability remains controversial and legally uncertain. This study explores the extent to which compensation for moral damage can be granted within contractual relations under the Jordanian Civil Code. It identifies a legislative gap and analyzes judicial and comparative perspectives to determine whether existing legal provisions implicitly allow such compensation. Adopting descriptive, analytical, and comparative methodologies, the research examines relevant statutory texts, doctrinal opinions, and judicial reasoning in Jordan and other civil law systems. The findings reveal that Jordanian law does not explicitly regulate moral damage within contractual liability, leaving interpretation to courts. The study recommends formal recognition of such compensation, given its impact on the contracting party’s dignity and emotional state, and argues that doing so would strengthen justice, contractual confidence, and alignment with contemporary comparative legal developments.
The Effect of Precursor Chemical Abuse on Criminal Responsibility
This research explores the impact of consuming chemical precursors on criminal liability. It begins by examining the nature of the crime of using chemical precursors, starting with the linguistic definition of precursors, followed by the legal and technical meaning of chemical precursors. The study then analyzes the elements constituting the crime of consuming chemical precursors and the resulting effects on criminal responsibility. The findings indicate that the impact of this crime on criminal liability varies in two main scenarios: voluntary consumption and forced or involuntary consumption. In the case of voluntary drug consumption, the legal approach distinguishes between two situations: intoxication with an expectation of committing a crime, and deliberate intoxication with the intention of committing a crime. As for forced or involuntary consumption, this is the only scenario in which Iraqi legislation considers it a ground for exemption from liability. This exemption applies only if the drug use results from an unforeseen event or force majeure. However, if the substance was taken voluntarily and a crime was committed under its influence, the offender is not entitled to an exemption from punishment.
The trademark legal system in light of the draft Intellectual Property Protection Law for the year 2023
Trademarks occupy a central position within the legal framework of intellectual property, serving as a primary tool for protecting goods and services and ensuring their distinctiveness in the marketplace. Their significance increases in the international sphere, particularly when linked to the resolution of commercial disputes through arbitration. In this regard, the 1958 New York Convention represents a cornerstone for the recognition and enforcement of foreign arbitral awards, including those involving trademarks. This research aims to examine the Convention’s impact on strengthening the legal protection of trademarks globally and to explore the extent to which national legal systems align with international obligations. The findings indicate that the Convention not only unified procedural standards but also reinforced investor confidence by ensuring the effective enforcement of trademark-related rights, while still accommodating the legislative specificities of individual states.
This research examines the evidentiary value of administrative investigations before ordinary courts, viewing it as a connecting link between the system of institutional discipline and the system of judicial proof. The study adopts an analytical–comparative methodology: a descriptive track analyzing the legislative framework and procedural safeguards, and an applied track comparing the positions of civil and criminal courts regarding the reports of investigative committees. The findings conclude that the administrative investigation serves as a supporting presumption that does not, by itself, amount to conclusive evidence unless the guarantees of impartiality, the right of defense, reasoning, and sound documentation are fulfilled. The research further shows that establishing a disciplinary violation does not necessarily entail civil or criminal liability, due to differences in the elements and standards of proof. The study also indicates that procedural deficiencies—such as lack of reasoning or weak documentation—diminish the judicial weight of the investigation and necessitate supplementation through expert opinions and witness testimony. Moreover, it presents a practical framework to enhance the judicial admissibility of investigation outcomes through an evidence matrix and a digital chain of custody. The study recommends codifying a unified national manual for investigation procedures, adopting accreditation programs for committee members, and establishing a coordination mechanism with the public prosecution and the judiciary. These proposals aim to rationalize accountability and safeguard public funds while upholding the guarantees of a fair trial.
Odious Loans between Legal Legitimacy and Financial Sustainability
The phenomenon of odious debt has long posed a dilemma for international law and global financial governance. Although many developing and post-conflict countries have endured the burden of illegitimate loans contracted by authoritarian regimes, the concept of “odious debt” has not been formally recognized under international law. This raises a fundamental legal and ethical question: should successor governments and their citizens be bound by debts incurred without popular consent, often used to finance repression, corruption, or wars against their own populations? Against this background, the present study explores the legitimacy of odious loans and their broader implications for financial sovereignty, human rights, and sustainable development. The study concludes that odious debt remains primarily a moral and political principle rather than a binding legal rule. Nevertheless, its recognition could serve as a foundation for greater financial justice and international accountability. The findings underscore that such debts undermine development, violate human rights, and perpetuate inequality, while creditor states often evade responsibility. The research recommends advancing toward codification of the doctrine within international agreements, clarifying its legal bases through principles such as unjust enrichment and abuse of rights, and creating mechanisms for debt repudiation or cancellation. Ultimately, embedding the principle of odious debt into international financial governance could not only relieve debtor states of unjust obligations but also promote sustainable development and protect future generations from the consequences of illegitimate borrowing.
Legal Protection of Perfume Industry in Saudi Arabia and the Challenge of Dupe Comparative Advertising
The global perfume market has recently witnessed rapid growth in imitation fragrances, commonly referred to as “dupes.” These products replicate the scent profiles of luxury brands through reverse engineering and attract consumers due to their affordability. However, they raise complex legal questions, particularly in the field of intellectual property. This paper critically examines the extent to which Saudi legal frameworks protect the fragrance industry under intellectual property law, including patents, trade secrets, trademarks, and industrial designs. It also assesses the effectiveness of these mechanisms in safeguarding the core element of a perfume: its scent. The study further conducts a comparative analysis of how the United States, the European Union, and Saudi Arabia regulate dupe perfumes, particularly in relation to comparative advertising and consumer protection. It concludes that the Saudi legal framework is more closely aligned with the U.S. model than with the European approach. Under Saudi law, dupe perfumes are permitted as long as they are not counterfeit. Comparative advertising of such products is likewise permitted, provided that specific conditions are met.
The Assignment of the Contract in the New French Contract Law of 2016/ an Analytical Comparative Study with the Iraqi Civil Law
This research is concerned with studying and investigating the assignment of the contract, regulated by the new French law of the contract, issued according to the ordinance n° 2016-131 dated February 10, 2016, concerning reforms of the law of contract, general regime and proof of obligations. This assignment is as an agreement by which a party to a contract, the assignor, may assign his or her status, quality or contractual position as party to the contract to a third party of the original contract, the assignee, with the agreement of his own contractual partner, the debtor of the assignment (the assigned). And the study compared it with the assignment of the right, regulated by the Iraqi civil code No. (40) of 1951. The problematization of the research lies in the shortage and insufficiency of the Iraqi civil code, as a result of the lack of both the principle of the assigner's co-obligations or joint obligations with the assignee, as well as the principle of the legal assignment of the contract, authorized by the law in some particular cases. This study has adopted to the analytical comparative methodology of the legal research, and the main finding of this study is the importance of both of the above-mentioned principles in the Iraqi civil law. The researcher suggests some relevant recommendations to the Iraqi legislator, the most important of which is the advisable enactment of these two principles in the Iraqi law.
How effective are Suspicious Transaction Reporting System in Iraq?
Purpose - A cornerstone of the global anti-money laundering framework is the requirement that financial institutions are obligated to file suspicious transactions reports (STRs) to financial intelligence units. This obligation has been established by the Financial Action Task Force (FATF) Recommendations, the European Community Directive, and also the Iraqi Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Act No.39 of 2015. The objective of this Article is to evaluate the effectiveness of the anti-money laundering reporting regime in Iraq in respect of suspicious transaction reports. Design/methodology/approach - A descriptive approach is used to explore the result of the anti-money laundering (AML) process in Iraq. The research is based on the secondary data published in the Annual Reports of the Anti-Money Laundering and Combating the Financing of Terrorism Office in Iraq from 2016-2024 and Middle East and North Africa Financial Action Task Force (MENAFATF), Mutual Evaluation Report of Iraq in May 2024, which covers the period 2018-2022. Findings - It is evident that the effectiveness of the Iraqi reporting suspicious transactions regime is questionable, given the relatively low number of STRs reported in light of the country's large exposure to high level of corruption, drug trafficking, fraud, human trafficking and other unlawful activities. Research limitations/implications - The assessment of Iraqi STR regime is limited due to the lack of reliable statistics regarding the scope of money laundering (ML) activities. Originality/value - There exists a considerable scarcity of scholarly research evaluating the reporting suspicious transaction regime under the Iraqi AML/CTF Act. Therefore, this Article seeks to provide an examination of the effectiveness of the Iraqi STRs regime. It is hoped that the study offers insights for researchers, banks, practitioners, and policymakers in Iraq.