Al-Bayan University Journal for Legal Studies and Research
Al-Bayan University Journal for Legal Studies and Research is issued by the College of Law at Al-Bayan University. It specializes in the field of legal studies that address contemporary issues of concern to society, contribute to providing services, and provide research services to researchers at various levels. The journal is published periodically in each quarter. The magazine works to be a platform for scientific publishing that addresses topics that represent practical solutions for society inside and outside Iraq. The journal allows research to be written in both Arabic and English, based on high-quality scientific principles. JLSR is an academic journal published by Al-Bayan University in Baghdad, Iraq. JLSR is an open access Journal and that mean any user is allowed immediate free access to the works published in the journal and is permitted to read, download, copy, distribute, print, search, or link to the full texts of [the] articles, or use them for any other lawful purpose. Frequency: JLSR Publish (2) Issues per year
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International legal protection of climate change using artificial intelligence techniques
Climate change poses a major challenge to humanity due to its effects, such as rising temperatures, melting glaciers, extreme weather events, rising sea levels, storms, forest fires, and drought. Furthermore, the increased demand for energy, coupled with the expected increase in global population, will exacerbate the resulting effects on climate and other climate changes, which greatly affect humans. Since ancient times, humans have used technology to provide solutions and confront the difficulties of climate change, enabling them to live in a more suitable and prosperous environment. This is despite its negative role in increasing pollution rates since the First Industrial Revolution, which transitioned from coal to the steam engine in the eighteenth century, the Second Industrial Revolution, which invented electrical energy at the end of the nineteenth century, the Third Industrial Revolution, which focused on the transformation of the productive movement to automation and the development of computers and the Internet in the 1960s, and the Fourth Industrial Revolution, which combined physical sciences with digital and biological systems through electronically controlled machines and smart machines connected to the Internet, such as the Internet of Things, 3D printing, robotics, and artificial intelligence. Others have taken the form of applications that have entered all areas of life and work, significantly impacting the climate, both positively and negatively. Jurisprudence has presented opinions regarding the relationship between technology and climate. Some view the negative impacts of technological technologies on the climate, while others focus on the role of technological technologies in combating climate change, aiming to bring about changes in information technology applications in line with environmental conservation and sustainable development standards, and the possibility of integrating them to preserve the environment and spread environmental awareness through digital platforms. Furthermore, the significant development in artificial intelligence contributes significantly to providing solutions to mitigate harmful impacts. Hence, artificial intelligence (AI) has emerged as a technological tool to combat climate change in several ways, including reducing emissions by improving energy use in buildings, transportation, and industry, improving energy efficiency by analyzing data from sensors and other sources to identify areas where energy use can be reduced, improving heating and cooling systems in buildings, which reduces energy use, and also improving the operation of wind turbines and solar panels, which leads to increased energy production, tracking sources of air pollution, weather forecasting, protecting large areas of forests and hard-to-reach wetlands through aerial photography and analysis, agriculture using drones, controlling air pollution, and sequestering carbon. This is in addition to reducing problems associated with industry that affect the climate and the resulting emissions, utilizing raw materials and energy, and working to improve the quality of the entire industrial process across all its stages. This has prompted countries to double their efforts to use these technologies and exploit them in a way that benefits humanity as a tool to combat climate change and work to establish international cooperation that achieves the common benefit of all humanity from this technology and averts the risks of climate change, in addition to the efforts of international organizations, which seek to achieve several goals in order to prepare for climate change. In climate change, as well as the changing nature of energy sources, the increasing demand for them, and their relationship to achieving the United Nations' 2030 Sustainable Development Goals.
Artificial intelligence, climate change, information technology, international agreements, United Nations.
Copyright (c) 2025 https://creativecommons.org/licenses/by/4.0
Sustainable Development: Challenges and OpportunitiesRwanda, the Kingdom of Saudi Arabia, the European Union, and Iraq as Models
This study aims to analyze the concept of sustainable development in terms of challenges and opportunities, through a comparative study of four different geographical regions: Rwanda, Saudi Arabia, the European Union, and Iraq. The study sheds light on the policies and strategies followed in each of these countries and blocs, with a focus on the economic, environmental, and social factors that affect the achievement of sustainable development.
Sustainable development, European Union, Saudi Arabia, Iraq
Copyright (c) 2025 Al-Bayan University Journal for Legal Studies and Research
Legal system of the court of first instance competent in commercial cases
The Iraqi judicial system has witnessed fundamental developments in recent times, and among the most prominent of these developments is the establishment of specialized courts to consider specific types of lawsuits, including the specialized courts of first instance for commercial claims. The establishment of these courts comes within the framework of efforts to expedite the resolution of commercial disputes and provide a specialized judicial environment that contributes to the development of the investment climate in Iraq. "This research will be conducted in accordance with the Iraqi Judicial Organization Law, which serves as the general framework for judicial organization in Iraq. It stipulates the possibility of establishing specialized courts to hear specific types of cases. Additionally, the Iraqi Supreme Judicial Council's Statement No. 74 of 2020: This statement is considered the detailed regulatory text for the operation of the Courts of First Instance specialized in commercial claims, and it defines their jurisdictions and the procedures followed before them."
Commercial disputes, competent courts, commercial courts, subject matter jurisdiction.
Mechanisms of international organizations to protect workers in the marine fishing sector
The fisheries sector is one of the most vulnerable sectors to risks and violations, prompting international organizations to intervene in order to enhance the protection of its workers، The Food and Agriculture Organization (FAO) plays a key role in developing policies and standards to improve working conditions by issuing codes of conduct and guidelines to ensure food safety and sustainability. The International Maritime Organization (IMO) contributes through international agreements, such as the STCW-F Convention, which promotes maritime safety and professional training for fishers. The two organizations work together to strengthen the legal and humanitarian protection of workers in this sector by coordinating with member states to implement these standards. Despite the progress made, there is still a pressing need to activate these agreements and monitor their enforcement to ensure effective and comprehensive protection. These organizations also aim to combat forced labor and human trafficking within the sector, which remains a growing challenge in some developing countries. FAO and IMO encourage the use of technology to enhance safety, such as vessel tracking and monitoring systems. They also promote the ratification of international conventions and the updating of national legislation in line with global standards. Moreover, they emphasize the importance of involving workers’ and employers’ organizations in social dialogue to improve working conditions. Regional training programs help raise fishers’ awareness of their rights. In light of climate change, the role of these organizations is increasingly crucial in supporting the shift toward sustainable fishing practices.
FOOD, LABOR AGREEMENT, HUMAN TRAFFICKING, MARINE FISHING
The Electoral System in Iraq: Legal and Political Challenges and the Prospects for Comprehensive Reform
This research provides a comprehensive study of the electoral system in Iraq from 2005 to the present, with a focus on the legal and political implications resulting from the plurality of electoral systems and their repeated amendments. The study demonstrates that the frequent changes to electoral laws have weakened fair representation and reduced opportunities for independent political entities, thereby reinforcing identity-based alignments and sectarian power-sharing. These changes have also negatively impacted the effectiveness of the Iraqi parliament in terms of legislation and government oversight, as the fragmentation of parliamentary blocs and the absence of a clear majority have led to weakened accountability and political deadlock. The research concludes that these challenges pose significant obstacles to the establishment of a stable democratic state and emphasizes the necessity of comprehensive electoral system reforms to enhance political justice and ensure the stability of the democratic process in Iraq.
الكلمات المفتاحية: النظام الانتخابي، الابعاد القانونية، الابعاد السياسية
Digital fraud is a modern crime that emerged as a result of technological advancements and the proliferation of electronic means in various areas of life. It refers to any fraudulent behavior carried out using computers, the internet, or any digital means with the aim of seizing others' money or achieving illicit gains. Perhaps the danger of this crime lies in its difficulty in detecting it, the speed of its execution, and its transnational effects. To combat this type of crime, it has become necessary to rely on digital evidence, which is the data and information stored or transmitted electronically that can prove the occurrence of the crime and identify its perpetrator. Digital evidence includes: emails, login records, data stored on devices, and financial transactions.
Alternative Penalties & Their Impact on Reducing the Spread of (((A Comparative Study) Epidemics
Alternative punishments have proven their effectiveness as an effective means of preventing the negatives resulting from the prison sentence.Many countries have adopted the method of stopping the pronouncement of punishment, as judges resorted to it in cases where they doubted the value of the evidentiary evidence relied upon in conviction, especially in minor crimes, as this method has become a system.Punishment is used as an alternative to custodial punishments.This method has expanded and been adopted by many developed and developing countries Working in society is considered a manifestation of providing social services, and an alternative to being placed in prison.In addition, it aims to bring about positive transformations in the behavior of offenders or perpetrators through rehabilitation programs and correctional methods far from the prison walls, of a scientific nature that is commensurate with the character and seriousness of the crime and the criminal.In return, avoiding the spread of infectious epidemics, especially if they are deadly, such as pandemics, which constitute a source of public health concern, especially in the prison environment Because of the heavy presence of people in confined spaces, epidemics can spread quickly, and the World Health Organization has stressed that it is likely that efforts to control pandemics could fail even if strict measures are taken inside prisons and detention centers. This study concluded with a call on the Iraqi legislator to apply alternative punishments in light of the increasing desire to address minor crimes and as an alternative to custodial punishments, and the necessity of amending the Code of Criminal Procedure No.(23) of 1971, amended to permit the use of alternative punishments.
الأوبئة, بدائل العقوبات , التشريعات الاجنائية , التدابير الاستثنائية.
The legal framework for the crime of money laundering and combat mechanisms
This research addresses the topic of "The Legal Framework for the Crime of Money Laundering and Mechanisms for Combating It," a crucial topic, as banks are typically committed to upholding the law. Money laundering is considered one of the most serious cross-border economic crimes, due to its negative impact on the national economy and financial stability, in addition to its association with other crimes such as corruption and terrorist financing. This research aims to shed light on the legal framework governing the crime of money laundering by examining relevant national and international laws and legislation and analyzing their effectiveness in reducing this crime. The research also addresses anti-money laundering mechanisms, such as regulatory systems and relevant institutions, and the role of international cooperation in combating it. The study concludes that the effectiveness of combating money laundering depends largely on updating legislation, enhancing financial transparency, and coordination between regulatory bodies at the local and international levels. This research examines the legal framework for money laundering and its mechanisms for combating it, citing numerous pieces of evidence to support this.
legal framework, money laundering, combat mechanisms, elements of the crime, penalties
Legal problems in granting civil compensation to victims: solutions and proposals (Law No. 2 of 2016 as a model)
The purpose of enacting Law No. (2) of 2016 as amended, after it is one of the transitional justice laws, is to provide the necessary treatments by determining material and moral compensation and other privileges, with the aim of compensating for the damages or mitigating their severity, as a result of the murders committed by the defunct regime and the terrorist ISIS gangs, which resulted in causing serious harm to their families the families of the martyrs and to a large segment of Iraqi society. However, in practical reality, the application of the provisions of this law is not without legal problems, whether related to the procedures for inclusion in this law and the affected categories entitled to compensation rights and privileges, on the one hand, and on the other hand there are obstacles in granting some compensation and privileges to this category as a result of the ambiguity and shortcomings of some of the legal texts establishing these rights. Therefore, our study shed light on these problems and provided the necessary legal solutions, whether by amending some legal texts or providing a legal analysis that is consistent with and in line with the objectives of this law in order to grant rights to those who deserve them, in order to achieve the will of the legislator behind enacting this law.
The affected, Cash Compensation, Moral Compensation, Physical Damage.
The role of administrative leaders in making and management administrative decisionsprivate universities and colleges as an example))
Private higher education is a vital component of the overall higher education system, witnessing significant growth not only in the number of institutions but also in student enrollment. Universities and colleges serve as intellectual and cultural leaders, fostering knowledge and ethical growth, engaging in objective dialogue and discussion. Administrative decisions must be made by authorized entities, such as university presidents, college deans, or heads of departments, in adherence to legal mandates. Administrative leadership is indispensable in all institutions, including both government and private higher education, as leaders are responsible for planning, coordinating, organizing, and overseeing administrative functions, particularly in decision-making, our discussed topic. Consequently, there is a need to regulate the selection of administrative leaders in private universities and colleges, ensuring opportunities for individuals with the capability and desire to perform with high skill to achieve the goals of private higher education. This can only be accomplished through objective criteria that guarantee proper selection of administrative leaders in private universities and colleges.
University President, College Dean, Aminstrative leader, Private Higher Education, Administrative Decision-Making
Conflict of judicial rulings in Iraq (a comparative study)
There is no doubt that the dual judiciary system offers several advantages; however, it is not without legal complications. One of the most prominent issues is the conflict of judicial decisions, which arises when two different judicial bodies adjudicate the same dispute and issue two final and contradictory rulings. This results in a state of legal uncertainty and undermines the authority of res judicata and the stability of rights. Some countries, such as France and Egypt, have addressed this issue through legislative regulation, establishing preventive mechanisms to avoid such conflicts and appointing competent authorities to resolve them when they occur. In contrast, although the Iraqi legislator has adopted the dual judiciary system, it has not explicitly provided for a mechanism to address this type of jurisdictional conflict. This differs from comparative legal systems (France and Egypt), which have clearly and independently defined the conflict of judgments as a form of jurisdictional dispute, subject to adjudication by the competent judicial body for jurisdictional conflicts. Moreover, Iraq’s Authority for Determining Jurisdiction (body for appointment of jurisdiction) has never previously encountered or adjudicated such a case. This situation creates a legislative vacuum that necessitates attention and remedy by the legislator, especially considering the continuous development and expansion of administrative judiciary in Iraq, alongside the adoption of a federal system, both of which may give rise to instances of conflicting judgments. In such cases, it appears that the Authority for Determining Jurisdiction—despite the lack of an explicit legal provision—remains the most appropriate body to resolve the conflict of judgments, as it is entrusted with jurisdictional disputes between the two sides of the judiciary. However, the legal dilemma persists when the conflict arises between two judicial bodies, one belonging to the federal judiciary and the other to the judiciary of a region. In this context, the Federal Supreme Court emerges as the competent authority to adjudicate jurisdictional conflicts between the federal judiciary and the judicial bodies of the regions
Conflict of jurisdiction, body for appointment of jurisdiction, conflict of judgments, administrative judiciary.
The authority competent to impose disciplinary sanctions on university professors in Iraq and the guarantees provided for them"A descriptive comparative study"
The extract is indisputable that the university professor is pre-emphasis, prior to the imposition of disciplined punishment and is then prepared by the basic rules required by the legal principles, including public assets and tendencing the rules of equity and logic without the need for texts decided, It must be emphasized that legal safeguards do not involve the goodwill of the administrative authority or in their ability to achieve the public, but on the contrary to the public interest and the employee. It is legally and jurisprudentially agreed that the decision to impose a disciplinary penalty on a university professor is not considered a final and binding decision. Rather, the law recognizes the right of the professor to appeal to the authority that issued the disciplinary decision, requesting that it be reconsidered, before referring the matter to the competent judiciary. This is a complementary means of grievance to the administrative grievance, with the aim of achieving better protection for the university professor, given the judiciary's expertise, impartiality, and integrity.
university professor, competent authority, guarantees, disciplinary punishment
The Legal Conditioning of Spouse Swap in Criminal Law
This research examines the legal status of spouse swapping under Iraqi law. The importance of this research lies in its treatment of a dangerous phenomenon that has emerged in society and its contravention of the Islamic religion and accepted norms. Spouse swapping raises significant problems in terms of its overlap with certain crimes under Iraqi law. Therefore, it was necessary to clarify the meaning of this crime and explain the difference between the crime of spouse swapping and other crimes stipulated in Iraqi law.
spouse swapping, sexual crimes, adultery, homosexuality
The Position of Iraqi criminal legislation on the criminalization of homosexuality
Homosexuality is a controversial issue in different societies, with attitudes toward it varying based on religious, cultural, and social considerations, which are reflected in legal and legislative positions. In Iraq, this issue is particularly sensitive due to the nature of Iraqi society, which is based on a conservative system of values ​​and morals, making the discussion of homosexuality a thorny and controversial issue. The position of Iraqi criminal legislation on homosexuality stems from several legal, social, and cultural considerations. It demonstrates the legal system's ability to adapt to societal changes and recent developments in individuals' tendencies and behavioral patterns. This position also reflects the relationship between law, custom, and religion, and the extent of their influence on the formation and application of legal texts.
homosexuality, prostitution, sodomy, lesbianism
Ishraq Mahmoud Shukr Ishraq Mahmoud Shukr
Zainab Abdel Wahid Abdel Sattar Zainab Abdel Wahid Abdel Sattar
Forensic evidence in environmental crimes
In light of the increase in environmental crimes resulting from industrial expansion and the misuse of natural resources, there is an urgent need for accurate legal and scientific tools to detect and prosecute these crimes. This research examines the topic of forensic evidence in environmental crime, highlighting its importance as a critical means in proving environmental damage and determining criminal liability. The research also reviews the types of environmental evidence and its technical characteristics, such as physical, chemical, biological and digital evidence, and highlights the challenges facing its use, from weak technical infrastructure, lack of expertise, inadequate legislation, to lack of institutional coordination.
forensic evidence, environmental crimes, criminal evidence, environmental justice, environmental legislation, environmental investigation.
The effect of the accused’s right to remain silent on criminal proceedings
<a href="https://jlsr.albayan.edu.iq/index.php/jlsr/In this research, we address an important right granted to the accused: the right to remain silent. This right is one of the guarantees granted to the accused, enabling them to defend themselves in the manner they deem best serves their interests. The basic principle of human innocence is that every human being is presumed innocent. In order to highlight this right, we have adopted the comparative approach between Iraqi law and international conventions, with a look at some other legislation, with the intention of clarifying the ambiguity surrounding it, with a statement of its various aspects and points of view related to it, and to clarify the right of the accused to remain silent, and to clarify the right of the accused, and to clarify the right of the accused to remain silent. We have decided to divide the research into two sections, in which we addressed the nature of the right of the accused to remain silent and its guarantees. We learned about the meaning of the rights of the accused and its importance, with a statement of its development. Then we clarified the principle of innocence and the position of the right to equality before the judiciary from that principle, and we concluded this section with the relationship of the principle of innocence to the right of the accused to remain silent. In the beginning, we discussed in the section: the legal basis for the accused's right to silence, as we explained the nature of the accused's right to silence, and explained the development of that right. In this research, we shed light on the position of the law on that right, and preferred the direction that takes and supports that right, relying on judicial rulings. Then we explained the position of the various legislations on the accused's right to silence, in particular: the Iraqi and Egyptian legislators. In the second section, we shed light on the provisions of the accused's silence in the stages of the criminal case, explaining the accused's right to silence through the different penal systems, which are the investigative system, the accusatory system, and the backward system. We also explained the position of Islamic law on that right. Then, through our study of procedural legal texts, we explained the extent to which the accused enjoys that right during the different stages of the criminal case, whether in the stage of collecting evidence, the stage of the preliminary investigation, or the stage of the final investigation (trial), and we explained the effect of the principle of the freedom of the criminal judge in forming his belief on the accused's right to silence.">In this research, we address an important right granted to the accused: the right to remain silent. This right is one of the guarantees granted to the accused, enabling them to defend themselves in the manner they deem best serves their interests. The basic principle of human innocence is that every human being is presumed innocent. In order to highlight this right, we have adopted the comparative approach between Iraqi law and international conventions, with a look at some other legislation, with the intention of clarifying the ambiguity surrounding it, with a statement of its various aspects and points of view related to it, and to clarify the right of the accused to remain silent, and to clarify the right of the accused, and to clarify the right of the accused to remain silent. We have decided to divide the research into two sections, in which we addressed the nature of the right of the accused to remain silent and its guarantees. We learned about the meaning of the rights of the accused and its importance, with a statement of its development. Then we clarified the principle of innocence and the position of the right to equality before the judiciary from that principle, and we concluded this section with the relationship of the principle of innocence to the right of the accused to remain silent. In the beginning, we discussed in the section: the legal basis for the accused's right to silence, as we explained the nature of the accused's right to silence, and explained the development of that right. In this research, we shed light on the position of the law on that right, and preferred the direction that takes and supports that right, relying on judicial rulings. Then we explained the position of the various legislations on the accused's right to silence, in particular: the Iraqi and Egyptian legislators. In the second section, we shed light on the provisions of the accused's silence in the stages of the criminal case, explaining the accused's right to silence through the different penal systems, which are the investigative system, the accusatory system, and the backward system. We also explained the position of Islamic law on that right. Then, through our study of procedural legal texts, we explained the extent to which the accused enjoys that right during the different stages of the criminal case, whether in the stage of collecting evidence, the stage of the preliminary investigation, or the stage of the final investigation (trial), and we explained the effect of the principle of the freedom of the criminal judge in forming his belief on the accused's right to silence.
The accused’s, The accused’s silent, The effect of the accused’s right to remain silent, The accused’s right to silence, The silence of the accused in the criminal law.
Dr.Fawwaz Jubair ftaikhan* Dr.Fawwaz Jubair ftaikhan*
Cyberspace is a digital environment reliant on information technology, dealing with elements of informational networks and data processing at an extraordinary speed. Cyber power can be used to launch cyberattacks against critical infrastructure, whether civilian or military. Cyberwarfare represents a modern means and method of armed conflict, embodied in cyber operations whose effects mirror those of traditional armed conflicts or accompany hostile actions within the context of armed conflicts. A notable example is the recent cyberattack in Lebanon, which involved disabling paging devices ("pagers") in accordance with the objectives of international humanitarian law. Cyberwarfare is intrinsically linked to the nature of cybersecurity, which aims to protect information and electronic systems from various cyber threats. This protection includes implementing a set of measures and techniques to prevent such threats and manage them when they occur, involving international system actors in today’s world—not only states and international organizations but also non-state actors. Thus, examining the extent to which domestic laws and international humanitarian law principles can be applied to cyberwarfare becomes essential. The increasing reliance of states on cyberattacks in their conflicts has subjected the rules of international humanitarian law to a real and complex test. This challenge revolves around whether these long-established international rules, codified decades ago, can apply to cyberattacks, which have emerged within the past decade. The difficulty of applying international rules to cyberattacks and subjecting them to the authority of these principles intersects with another issue: the lack of clarity surrounding the concept of direct participation in hostilities under international humanitarian law. The involvement of a significant number of individuals—both combatants and civilians—in modern hostilities has blurred the boundaries of the concept of direct participation to the extent that it has become difficult to clearly distinguish between direct and indirect participants in such operations. The convergence of cyberattacks with direct participation has exacerbated and complicated the challenges related to the application of international humanitarian rules. This is particularly true when direct participants in cyberattacks belong to the category of civilians. In such cases, international humanitarian rules protecting civilians overlap with those related to combatants who directly engage in hostilities, along with the principles concerning their targeting. Direct participation in this context represents the core challenge to the proper application of international humanitarian law and its principles.
Cyber attacks, cyber security, cyber crimes, electronic systems
Assistant Professor Salah Mahmoud Khader Assistant Professor Salah Mahmoud Khader
Assistant Professor Ali Sami Hassan Assistant Professor Ali Sami Hassan
National Anti-Corruption Strategy from the Perspective of Algerian and Tunisian Law
<a href="https://jlsr.albayan.edu.iq/index.php/jlsr/Administrative and financial corruption represents one of the most dangerous phenomena that threaten the security of both developed and developing nations, undermining their stability due to its negative repercussions on various forms of development—economic, social, and political. It is also considered a significant obstacle to public administrative reform, as its prevalence or decline in a country is linked to levels of democracy and civic participation on one hand, and to the social status of public officials and the weaknesses of the legal framework designed to combat it on the other. To counteract and limit the growth of corruption, countries have attempted to construct specialized plans and strategies, as well as laws that deter individuals from gaining undue privileges or violating established regulations. In accordance with the United Nations Convention Against Corruption, which set rigorous and enforceable foundations for countries by implementing preventive and punitive policies, both Algeria and Tunisia ,Given their struggles with this scourge, which has devastated their national economies, eroded trust between citizens and public administration, and created an ambiguous climate deterring investment due to a lack of transparency and clear frameworks, governments have attempted to stem the spread of administrative and financial corruption. Algeria, in this context, implemented the National Strategy for Combating Corruption in accordance with the 2020 constitutional amendment. Article 204 of this amendment established the "High Authority for Transparency, Prevention, and Combating Corruption," as introduced by Law No. 22-08. This authority was classed under the chapter dedicated to oversight organizations or institutions. Tunisia, like Algeria, implemented the National Strategy for Good Governance and Combating Corruption (2016-2020) by establishing the National Authority for Combating Corruption. This authority's primary goal is to demonstrate the political will to effect meaningful change in the areas of good governance and anti-corruption activities.">Administrative and financial corruption represents one of the most dangerous phenomena that threaten the security of both developed and developing nations, undermining their stability due to its negative repercussions on various forms of development—economic, social, and political. It is also considered a significant obstacle to public administrative reform, as its prevalence or decline in a country is linked to levels of democracy and civic participation on one hand, and to the social status of public officials and the weaknesses of the legal framework designed to combat it on the other. To counteract and limit the growth of corruption, countries have attempted to construct specialized plans and strategies, as well as laws that deter individuals from gaining undue privileges or violating established regulations. In accordance with the United Nations Convention Against Corruption, which set rigorous and enforceable foundations for countries by implementing preventive and punitive policies, both Algeria and Tunisia ,Given their struggles with this scourge, which has devastated their national economies, eroded trust between citizens and public administration, and created an ambiguous climate deterring investment due to a lack of transparency and clear frameworks, governments have attempted to stem the spread of administrative and financial corruption. Algeria, in this context, implemented the National Strategy for Combating Corruption in accordance with the 2020 constitutional amendment. Article 204 of this amendment established the "High Authority for Transparency, Prevention, and Combating Corruption," as introduced by Law No. 22-08. This authority was classed under the chapter dedicated to oversight organizations or institutions. Tunisia, like Algeria, implemented the National Strategy for Good Governance and Combating Corruption (2016-2020) by establishing the National Authority for Combating Corruption. This authority's primary goal is to demonstrate the political will to effect meaningful change in the areas of good governance and anti-corruption activities.
Anti-corruption, transparency, High Authority for Transparency, Prevention and Combating Corruption, National Anti-Corruption Authority.
Civil Liability for Environmental Damage:The Problem of Proof and Compensation
Abstract: Civil liability resulting from environmental damage faces more than one problem related to the civil liability pillar, such as the lack of the element of error or the lack of a causal relationship between the element of error and the element of damage, the nature of the element of environmental damage, the difficulty of in-kind compensation, the disproportion of monetary compensation with the size of the environmental damage, or the absence of the legal basis on which the right of the victim to obtain compensation is built is a harmful act according to the rules of civil liability under the civil law makes the actor responsible for the damages and risks for that It has become necessary to hold the responsibility of the perpetrator and to compensate the injured person, regardless of the natural or legal person, with appropriate compensation.
Environmental damage, Civil liability, Civil law
M. Kafi Zghair Al-Badri* M. Kafi Zghair Al-Badri*
The position of international law on unilateral sanctions
Sanctions are used as a foreign policy tool used by some countries in their international relations, The original principle is that sanctions are imposed collectively and through international bodies authorized in this regard in order to stop the targeted state from its illegal actions. However, after the end of the Cold War, some countries began to resort to imposing unilateral sanctions, which are defined as measures used by a state outside the United Nations in order to pressure another state. The United States of America was and still is one of the countries that most frequently uses this type of sanctions in order to pressure a state in order to force it to be subordinate to it or to stop an act that it sees as violating international law Countries justify the legitimacy of these sanctions as countermeasures against a state that commits an illegal act, while there is another aspect that is concerned about the increasing use of these sanctions due to their dire effects on the targeted states and the states that deal with them, in addition to the effects that affect the population, which leads to a lack of proportionality.
international sanctions, United Nations, US sanctions, unilateral measures.
Copyright (c) 2024 Al-Bayan University Journal for Legal Studies and Research
The concept of good governance and its characteristics
Good governance is one of the important concepts that form the basis of the process by which the state facilitates public affairs in addition to new rights in public administration. It eventually appeared even in the last century، when this concept dealt with state institutions and economic growth and the necessity of approving them، and after that this concept began and joined the state policies that Its goal is to ensure collective rights to participate in cooperation، accountability، and the truth behind and to encourage pure and decentralization in and governed by law، preferably equality among individuals with rights، duties، attitudes، and values ​​that embrace tolerance and acceptance of others، and for the state to rely on these mechanisms in managing governance that effectively participates in establishing a democratic state and good governance. It has been built The visual state tried to activate these mechanisms after 2003. It was active in the field of diverse change that occurred and may contain suggestions in 2005 to activate them. These mechanisms tried to highlight the characteristics of good governance and that their presence in any government indicates that it is good governance.
rational، earning، women، civil society.
Reading in the responsibility of management for the damages of its mechanical actions
The solutions of the Fourth Industrial Revolution in the twenty-first century، characterized by their advanced technologies capable of performing numerous tasks with high accuracy and at speeds far exceeding human capabilities، have prompted the administration to utilize them in executing its legal functions that impact the rights of others. However، this application in the legal field faces challenges inherent in these intelligent systems on which this revolution relies. These challenges include ambiguity، rapid autonomous development beyond the administration’s control، and the involvement of multiple parties in their production، updating، and operation، which has led to dispersed accountability for the harmful administrative actions performed by these systems. Who then bears responsibility for the harmful actions? Is it the manufacturing company، the developer، the intelligent system itself، or the administration? As a result، a growing number of international organizations and countries have taken the initiative to draft legislative solutions to address these challenges and provide compensation for affected individuals. Thus، it is necessary to examine these legislative solutions to establish a theoretical framework that would guide the Iraqi legislator if they chose to authorize the administration to perform its administrative functions through these intelligent systems.
Automated administrative decisions، Vigilance principle، Legal personality of artificial intelligence، Artificial intelligence training.
Towards a parliamentary code of conduct that enhances confidence in the Iraqi Council of Representatives
In light of the political, economic, and social challenges facing Iraq, the importance of enhancing trust between the Parliament and citizens emerges as a fundamental pillar for stability and development. The Parliament is responsible for representing the will of the people and formulating legislation that impacts their daily lives. However, corruption, lack of transparency, and insufficient accountability have led to an erosion of trust in state institutions, negatively affecting political participation and public awareness. The idea of creating a Parliamentary Code of Conduct arises as a response to these challenges, aiming to establish clear standards for the behaviors and ethics that members of Parliament should follow. These standards include a commitment to transparency in dealing with public issues, accountability for their decisions, and promoting constructive dialogue with citizens. By adopting an effective Code of Conduct, the Iraqi Parliament can contribute to rebuilding trust with the public, enabling it to operate more effectively and legitimately. Adhering to these standards will not only help improve the Parliament's image but will also have a positive impact on enhancing political participation and increasing public awareness of the importance of parliamentary roles. Thus, the Parliamentary Code of Conduct represents a strategic step towards creating a healthy political environment that fosters citizens' trust in their institutions and supports Iraq's efforts to achieve sustainable development and social justice.
Code of Conduct, Political Participation, Iraqi Constitution, Iraqi Parliament.
"The fact of union stability in Palestine"
Trade union work considered one of the indicators of democracy for any country. The more effective the union's movement and unions in the country, the higher its public freedoms indicator. The unions movements in various parts of the world have struggled to achieve the independence and stability necessary to exercise their tasks freely and effectively without any interference or influences that limit this effectiveness. Union stability is one of the most important factors for the success of union work and unions in the country. The unions’ enjoyment of internal and external stability supports their existence and effectiveness. The union movement in Palestine has suffered from the disintegration of the union house resulting from several factors, including internal and external factors, most notably the Israeli occupation and the absence of a real role for unions and federations. The Palestinian Authority in light of the multiplicity of union authorities, which directly contributed to the destabilization of union stability. The researchers through this study attempted to investigate the extent to which unions in Palestine enjoy sufficient stability to ensure the continuation of their work.
union stability: union work: unions: union pluralism
Application of the Control of the Constitutionality of Laws in the Current Iraqi Constitution of 2005
The study that was addressed in this research dealt with the subject of constitutional control of laws, especially what was stated in the Iraqi Constitution in force for the year 2005, as it is the most important legal means that preserve the supremacy of the constitution, as its role is focused on the extent to which the law conforms to the provisions of the constitution or does not conform to it on the other hand, and since each country has a constitutional system that differs from the other and also has different means of control in its procedural system. Accordingly, this research has dealt with the forms of oversight in its political and judicial aspects. Therefore, the first part of this research is represented in explaining the development of oversight of the constitutionality of laws, especially in the Iraqi constitution, while the second part is represented in explaining the oversight of the constitutionality of laws in the Iraqi State Administration Law and the Iraqi Constitution in force for the year 2005. The last part includes explaining the methods of judicial oversight in the Iraqi State Administration Law and the Iraqi Constitution in force for the year 2005. The research ends with a conclusion that includes the most important results and recommendations.
Constitution - Law - Constitutional review - Judicial review - Written constitutions - Supreme Administrative Court
(Legal System For Aircraft Registration)
In order to ensure the safety of air navigation, technical conditions must be available to ensure the aircraft's airworthiness. It is difficult for each country to monitor the availability of these conditions in all aircraft flying in its skies. Therefore, this task is entrusted to a specific country to which the aircraft belongs. This country is a guarantor and responsible before other countries for the aircraft's airworthiness and the availability of the required conditions. Therefore, the aircraft must belong to one of the countries, and this is done by registering it in the special records organized by the civil aviation authorities in each country. Therefore, our research will be in the legal system for registering aircraft.
aircraft registration, aircraft nationality, joint aircraft registration, international aircraft registration
The Coalition Provisional Authority (CPA) was established on April 21، 2003، to manage Iraq's affairs following the political regime change. It based its exercise of powers on United Nations Security Council Resolution 1483 of 2003 and issued numerous orders during its administration to regulate criminal، civil، tax، and commercial aspects. The CPA also amended certain existing laws to align with the prevailing circumstances of that period. After the CPA's mission ended on June 30، 2004، some opinions emerged challenging the constitutionality of the CPA's orders and calling for their removal from the legislative framework due to their alleged violation of constitutional provisions. Despite certain criticisms that can be made regarding the CPA's orders، their removal from the legislative system and the stripping of their legal status would disrupt the legal system، jeopardize acquired rights and legal positions established under those orders، and invalidate all judicial rulings issued by courts formed under them. Moreover، the state would be required to refund tax deductions collected under these orders، imposing financial burdens that the public treasury may not be able to handle. These considerations led the Federal Supreme Court to rule in favor of the constitutionality of the CPA's orders and to affirm their legal status.
coalition authority orders, civil administration, penal applications, tax applications
Election propaganda on social media((comparative analytical study))D. SALAM SALIH KHAMEES
The primary function of social media available on the Internet is to achieve communication and social cohesion between individuals. However, Iraqi political parties and blocs have lately realized the importance of these means in mobilizing the masses for political propaganda before holding elections, in light of the important and stimulating role that these means play towards influencing Voters’ orientations, whether ideological or political, in order to persuade them to elect a candidate. In exchange for this advantage of influencing voters, the latter, after what the Iraqi political scene witnessed after 2003, found in these means a political outlet to express his political opinions, whether by supporting or rejecting a candidate. Or remain neutral, or demand their political or civil rights through the interaction feature that characterizes these websites.
Election law, election campaigns, voters, candidates, the Internet, social media sites
Legal Basis For joining Third Parties in international Commercial Arbitration Proceedings
Although The Principle of contractual freedom originally allowed the parties to organize their contractual relationship in the manner that best suits their commercial interests, commercial contracts have become multiple and intertwined .for example, The contract between the owner and the contractor often includes explicit references to the duties or rights of the subcontract. On this basis, if a dispute occurs between two of the disputing parties, the others will not be strangers to this dispute. Therefore, this relationship between the multiple parties cannot be ignored in the dispute resolution procedures, this makes the intervention or introduction of a third party a necessary reality, for considerations that serve the interests of the arbitration dispute. For this reason, national litigation systems provide extensive mechanisms for the participation of third parties related to the dispute between the original parties. Therefor, their participation in the dispute resolution process is considered necessary, as multi-party relationships at the substantive at level must be reflected in procedural level.
Interference and interference in arbitration litigation, third parties and their role in arbitration proceedings, commercial arbitration proceedings, the right of defense in commercial arbitration, the extension of Arbitration to non-parties in arbitration litigation .
Cosmetic surgery as a medical act was considered an undesirable act, as the purpose of medicine and surgery is to heal the patient from the disease that he suffers from، while cosmetic surgery (perfectionism) is limited to changing the natural appearance of the person or the cosmetic seeker, which is behavior that has nothing to do with the disease but rather a welling to change and improve the appearance of the person. but the progress achieved by cosmetic surgery has changed the jurisprudential perspective of the issue, and the latter has become a need that the individual seeks، Despite the fact that the subject of cosmetic surgery remains a matter of controversy among jurisprudence, the judiciary, and doctors, in acknowledging the therapeutic goal of this type of surgeries and considering it as a kind of psychological treatment. However، there is still a lot of controversy regarding many legal issues related to this type of surgery, which is what we tried to explain. With regard to this existing dispute، we will present in this research the different theories mentioned and dealt with by the jurists, despite their agreement on the legalization of actions. However, they differed about the nature on which this permissibility is based. In this manner, several theories emerged, each of which permitted medical actions to a specific nature.
Plastic surgery, Therapeutic purpose Permissibility of medical work, Therapeutic necessity, Moral benefit