https://jqlap.qu.edu.iq/ AL-Qadisiya Journal For Law and Political Sciences en daily 1 Mon, 01 Jun 2026 00:00:00 +0330 Mon, 01 Jun 2026 00:00:00 +0330 https://jqlap.qu.edu.iq/article_189326.html This study examines the international legal framework governing secret chemical experiments conducted on humans, whether in times of peace or during armed conflicts. It investigates the legality of such practices under the rules of public international law, particularly international humanitarian law, international human rights law, and international criminal law. The focus is placed on documented cases where vulnerable groups—such as prisoners of war and ethnic or religious minorities—were subjected to coercive experiments without their free and informed consent, in violation of fundamental international principles such as human dignity, non-discrimination, and the prohibition of cruel or inhuman treatment.The study highlights relevant legal provisions, including Article 7 of the International Covenant on Civil and Political Rights (ICCPR), Article 11 of Additional Protocol I to the Geneva Conventions, and Article 8 of the Rome Statute of the International Criminal Court. It also addresses the continuing responsibility of states for these acts, even following a change in political regime, in accordance with the principle of the continuity of international responsibility.The study concludes that international law unequivocally prohibits the use of humans in secret coercive chemical experiments, recognizing such acts as grave violations that warrant investigation and prosecution—whether committed during armed conflict or peacetime. It underscores the importance of accountability and the imperative to prevent impunity. https://jqlap.qu.edu.iq/article_191635.html The conflict of substantive criminal legal texts refers to a situation where two texts apply to the same incident, such that each leads to a different legal outcome. This conflict implies a lack of harmony between two criminal texts, making reconciliation impossible due to the clear discrepancy in their content, despite the apparent clarity of each text when considered individually.The conflict of substantive criminal legal texts may sometimes be confused with other cases such as conflict, contradiction, and equivalence between criminal texts. The conflict situation has a specific scope and circumstances that require verification of whether it has occurred or not.The conflict between substantive penal texts is divided into three types: the first is the conflict between the general text and the specific text, the second is between the absolute text and the restricted text, and the third is between the wording of the text and its meaning. The conflict of substantive criminal legal texts is based on elements that are part of its nature, and it requires the availability of certain conditions for its occurrence, which are among the components of its realization.To address the conflict between substantive criminal legal texts, specific rules were established, some of which are external rules such as preparatory work, historical principles and reconciliation of texts, and others are internal rules that are used to resolve the conflict.The research addressed a set of terms and phrases that show a contradiction between the substantive penal texts in Iraqi law. https://jqlap.qu.edu.iq/article_191636.html In recent years, one of the most important and fundamental issues in Iraqi society has been the peaceful coexistence of Iraq's sects and the fight against hate speech. This is mostly because of the pervasive violence among Iraqi society's constituents, which is fueled by the country's continuous political and security unrest. The values that have been passed down through the generations and are rooted in a common identity based on Islam, monotheism, and tolerance have been seriously challenged since the events of 2003, despite Iraq's naturally cohesive social fabric—which is characterized by diverse intellectual, religious, and sectarian orientations that have historically served as sources of culture, tolerance, and harmony among all members of society. Iraq became divided into sects and denominations as a result of the American occupation, the ensuing sectarian division, and the consensual quota system in the formation of the government. The peaceful coexistence in Iraq has been and remains significantly impacted by these developments.In order to combat attempts to undermine national unity and dismantle society, which directly threaten Iraq's public interest and the welfare of its citizens, successive Iraqi governments have worked to implement laws and policies through their institutions and authorities that aim to promote a culture of tolerance, cooperation, and the rejection of racism and sectarianism—which manifest as hatred, discrimination, violence, and extremism. https://jqlap.qu.edu.iq/article_192029.html The constitution represents the basic guarantee for the protection of rights and freedoms as it is the highest legislation in the state, and the legislator and the administrative authority behind it derive from it the legal power to proceed towards legislating texts, developing treatments, and implementing laws and decisions on the ground. One of the most important areas of protecting rights is ensuring the rights of special social groups, and the most important of these rights is protecting children from the most dangerous phenomena for their present and future, represented by the phenomenon of child begging. The motives and justifications that lead to the spread of the phenomenon of child begging vary, which may be social, economic, political, psychological, urgent need, or other, but in the end, this phenomenon contributes to increasing crime rates and drawing children towards using them in illegal work, in addition to generating a feeling of discomfort in society, so it must be addressed effectively, through the unification and cooperation of legislative, executive, and judicial efforts, in addition to community efforts. On this basis, legislation has contributed to reducing the phenomenon of child begging and working to develop legal treatments for it by including many texts, whether in the constitution or in various related laws. The administrative authorities have also taken many steps towards reducing this phenomenon, whether through subsidiary legislation or by implementing the texts contained in the constitution and laws on the ground, as it is the body that directly interacts with members of society and is responsible for protecting it from all harmful and dangerous phenomena and practices by all available means. The goal of the administration is to provide legal protection for children who lack someone to support them or suffer from unstable family conditions, which makes them vulnerable to homelessness and begging. The administrative authorities also play their role through possible administrative methods to put things in order by taking preventive and therapeutic measures and preparing children psychologically. It is also their responsibility to provide children, young people and juveniles with their needs that are sufficient to prevent them from resorting to illegal activities. Our study focused on explaining the role of the constitution and legislation as well as the role of the administrative authorities in the state in developing the necessary treatments after the phenomenon of begging became a reality and a real danger and constitutes a real threat to both those who practice it and those around them from the members of society, and explaining the available means that may contribute to eliminating or reducing the effects of the phenomenon of begging in general and child begging in particular. https://jqlap.qu.edu.iq/article_192030.html The principle of applying the law most favorable to the accused is one of the basic legal principles in criminal law. However, despite its connection to the criminal field, this principle has begun to find widespread resonance in the field of disciplinary law, especially in light of the development of fair trial guarantees. This principle requires the application of the disciplinary text that is more considerate of the rights of the accused employee in the event that a new law is issued after the employee has committed the violation and before the issuance of the final disciplinary decision by the competent authorities. It aims to protect the legal status of the accused employee from subsequent aggravation and is an exception to the principle of (non-retroactivity of laws). Its importance is evidenced by its close connection to the principles of justice and disciplinary legitimacy, especially the principle of "no punishment without a text." Moreover, the administrative judiciary has begun to expand its adoption within its jurisprudence, especially when the new law stipulates mitigating or canceling the penalty, amending its conditions, or adding guarantees to disciplinary procedures. https://jqlap.qu.edu.iq/article_191637.html This study explores digital transformation as a strategic tool to reshape administrative decision-making in Iraq, focusing on the technical and organizational infrastructure of public administration and the legal framework governing digital decisions. It highlights the role of artificial intelligence and data analytics in decision stages while addressing the legal safeguards necessary to uphold legitimacy and protect rights in the digital environment. The research also examines cybersecurity challenges and administrative liability, proposing legal and procedural reforms to improve efficiency and maintain justice and transparency in digital governance, with insights from comparative Arab experiences. To explore all dimensions of digital transformation and its impact on administrative decision-making, this research is divided into two main sections. The first section examines the conceptual and organizational framework of digital transformation, defining its concept and distinguishing it from traditional automation. It also outlines its technical and administrative dimensions, followed by a study of the legal framework and administrative organization of digital transformation in Iraq.The second section addresses the practical impact of digital transformation on the stages of administrative decision-making. It demonstrates how technology has altered decision-making processes, highlighting the necessary legal safeguards. Finally, it discusses the technical and security challenges and the legal responsibilities arising from digital management, as detailed below. https://jqlap.qu.edu.iq/article_190063.html A theocracy is a form of government in which the clergy hold supreme authority in managing the affairs of the state, including the enactment and enforcement of laws, whereby the will of the religious leader prevails over that of the people. Such a system raises concerns within the international community regarding its recognition as a state and its admission as a member of the international society, in addition to the religious, racial, and national problems it may generate both internally and externally. Nevertheless, a theocracy does not lack the three constituent elements of statehood—territory, population, and governing authority—and it enjoys international legal personality together with the rights and obligations arising therefrom. This gives rise to the central question of determining the status of a theocracy under international law: does it acquire statehood merely by fulfilling these elements, or only upon receiving recognition? Some scholars argue that, in the absence of recognition, statehood cannot be deemed complete, and consequently such an entity would lack a defined status under international law due to its inability to engage in political relations. https://jqlap.qu.edu.iq/article_190044.html This research addresses the criminal liability of public employees for abuse of power in light of Iraqi legislation and the impact of this phenomenon on efforts to combat administrative corruption in state institutions. The importance of the topic stems from the widening scope of violations committed by some public employees, despite the existence of legal texts criminalizing such acts. This raises questions about the effectiveness of the legal system and the state's ability to regulate job performance in accordance with the principles of transparency and accountability.The researcher sought to analyze the legal basis for criminal liability by clarifying the unlawful acts committed by public employees, such as bribery, abuse of influence, embezzlement of public funds, and other forms of job misconduct.The study also highlighted the role of oversight bodies, such as the Integrity Commission and the Board of Supreme Audit, in curbing these phenomena. The study adopted a descriptive and analytical approach, employing a comparative approach to clarify the differences and similarities between Iraqi legislation and some Arab and international legislation. It also utilized a critical approach to highlight the shortcomings and gaps in current laws. The study concluded that abuse of power poses a direct threat to public service, and that addressing the phenomenon requires comprehensive legislative and administrative reform. In light of the findings, the researcher recommended tightening penalties for violating employees, improving the performance of oversight bodies, https://jqlap.qu.edu.iq/article_192031.html Somaliland gained independence from Britain in 1960 and entered into a voluntary union with Italian Somalia in preparation for the creation of Greater Somalia. However, the construction of this emerging state did not proceed as desired due to the south's dominance over the north and its marginalization politically and economically. The situation worsened after a military coup in 1969 and the use of violence and killing against the people of Somaliland. As a result, the Somali National Movement was established in the north and entered into a military confrontation with the regime until the fall of the Mogadishu government in 1991 and the unilateral declaration of secession. Somaliland was able to build a state of institutions and achieve national reconciliation among its tribes, but this declared state did not receive international recognition due to the federal government's refusal to accept the option of secession. https://jqlap.qu.edu.iq/article_191639.html This research aims to study the role of United Nations peacekeeping forces in managing armed conflicts and promoting international peace and security. It does so by analyzing the nature of their missions, assessing their effectiveness in various field environments, and exploring the challenges they face during their operations. The research employs a descriptive-analytical approach, supported by a comparative analysis of several field experiences of peacekeeping missions in different regions of the world..The findings showed that peacekeeping forces contribute to reducing violence and protecting civilians, particularly when operating within a clear mandate, with adequate logistical and human support, and with strong political will from contributing countries. The research also indicated that the effectiveness of these forces declines in complex conflicts involving non-state actors, or in situations lacking partnership with local institutions and civil society. The research concluded that developing the capabilities of peacekeeping forces, strengthening international coordination, and engaging local communities are essential elements for ensuring more sustainable outcomes..This research contributes to enriching the literature on the role of peacekeeping operations, and provides a reliable analytical framework for evaluating future experiences and suggesting ways to improve mission performance in line with the requirements of contemporary international security. https://jqlap.qu.edu.iq/article_191640.html Dr. Osama Al-Saidi's contributions to international and regional political studies and research are grounded and precise. He is an expert in this field and a respected scholar. His extensive experience in his field and his extensive cultural and media knowledge, coupled with his strong foundations and capabilities, have positioned him as a prominent figure in the field of political studies in Iraq and the Arab world.These and other reasons have greatly motivated me to select one of his important political works, which has been a valuable resource for undergraduate, master's, and doctoral students. Because it contains a large amount of scientific, cognitive and political material that researchers and scholars rely on in their studies and research. In addition to this, Professor Dr. Osama Al-Saeedi was one of our inspirations in our field of specialization because of his scientific and encyclopedic knowledge that made us unable to escape the need for him. In addition to that, the book that was the subject of our research and study is an important source that researchers in this field need. https://jqlap.qu.edu.iq/article_191641.html One of the most prominent features of development in contemporary political and administrative systems is the transformation that bureaucracy is witnessing due to digital technology. Therefore, our research aims to study this transformation by analyzing the role of digital technology and how it affects state institutions and decision-making, through addressing e-government and institutional transformation policies, in addition to highlighting the most important transformations that digital technology has produced on the structure and functions of the modern state, and how digital technology can contribute to enhancing efficiency and transparency and combating corruption in all parts of the state. The research concluded that the future of bureaucracy depends on the ability of political systems to balance between technical efficiency and political oversight, ensuring the building of more efficient and sustainable governmental and administrative institutions that meet the needs of citizens. The research is divided into four main sections, preceded by an introduction and followed by a conclusion, findings, and recommendations:Section 1: Bureaucracy and Political Decision-Making.Section 2: Technology and the Dynamics of Bureaucratic Transformation in State Institutions.Section 3: E-Government and Institutional Transformation in Political Administration.Section 4: The Future of Bureaucracy in Light of Technological Advancement. https://jqlap.qu.edu.iq/article_192032.html This research examines criminal liability for electronic payment card crimes under Iraqi law, considering them as emerging digital economic crimes characterized by their intangible nature. These crimes present challenges related to the limits of criminalization, proof, and the determination of liability. The research begins by analyzing the legal elements of these crimes, demonstrating that the material element takes various technical forms, most notably the unlawful use of the card or its data, falsification of digital content, and cyber fraud targeting banking systems, in addition to technical negligence leading to the commission of the crime. It also shows that the mental element is no longer limited to traditional intent, but includes what can be termed "programmatic intent," which extends to the stage of preparing the electronic means, not just the moment of committing the crime. Furthermore, the research explores the direct criminal liability of the perpetrator and the indirect liability arising from the failure to report or monitor payment systems within commercial and banking institutions, in light of current Iraqi legislation, and in comparison with Arab legislations that have adopted specific regulations for electronic payment crimes. The research concludes that the Iraqi legislative framework still relies on general rules that fail to encompass the technical nature of cybercrime. It proposes enacting separate penal provisions that criminalize digital conduct, recognize electronic evidence, criminalize technical negligence, and establish institutional oversight to safeguard trust in Iraq's financial system and digital economy https://jqlap.qu.edu.iq/article_191642.html This paper addresses crimes related to indecent publications under Iraqi law by examining the legislative framework governing them and defining their scope in light of Article (403) of the Iraqi Penal Code. It presents the philosophy of criminalization based on the protection of public decency and public morals as legally protected interests, particularly in the context of technological developments and the emergence of digital publishing. The legal nature of these crimes and their implications for criminal liability, evidentiary rules, and penal policy are analyzed, with emphasis on the relationship between the material and moral elements of the offense and the impact of traditional and digital means of dissemination on legal characterization.Features of the Egyptian legislative approach are also presented as a closely related legal model, highlighting points of convergence and divergence in regulating indecent publications, especially with regard to electronic publishing and the balance between protecting public morals and freedom of expression. The study concludes by formulating an integrated legal perspective that clarifies the theoretical and practical framework of crimes involving indecent publications under Iraqi criminal law in light of contemporary digital transformations. https://jqlap.qu.edu.iq/article_191643.html Intellectual security in Iraq has faced numerous challenges since 2014, with repercussions across all its dimensions. The security challenge has been the most significant obstacle, exacerbating other challenges. Intellectual security requires a healthy, stable environment and sustained security, both of which Iraq has lacked due to complex crises exacerbated by the emergence of extremist organizations after 2014. This has resulted in a fragile intellectual security environment in Iraq, necessitating measures to mitigate these challenges, address their root causes, and develop mechanisms to strengthen and sustain intellectual security. To fully grasp the research details and validate the hypothesis, the researcher adopted a descriptive approach to trace and describe the most significant challenges affecting intellectual security in Iraq after 2014. However, the specifics and details of the research necessitate the use of an analytical approach to identify the mechanisms required to strengthen and sustain intellectual security in Iraq.To answer the questions posed in the research problem and to validate the hypothesis, the research was divided into two sections. The first section addressed the challenges to intellectual security in Iraq after 2014, while the second section examined the mechanisms for strengthening intellectual security in Iraq after 2014. https://jqlap.qu.edu.iq/article_191644.html The research examines economic sanctions as a tool of foreign policy and a central instrument used to pressure targeted states to alter their behavior. Through a comparative analysis of the cases of Iran and Russia (2000–2025), the study finds that economic sanctions have created significant economic and political challenges. However, both states adopted various resilience strategies, including implementing alternative policies, strengthening the domestic economy, expanding international alliances, and seeking new—particularly Asian—markets.The analysis further shows that the effectiveness of sanctions is closely tied to a state's capacity for resilience and its possession of sufficient economic resources. Therefore, the research aims to identify the most important economic impacts on both countries and examine the strategies they employed to reduce the effectiveness of sanctions on the Russian and Iranian economies.The research was divided into four sections. The first section took the conceptual framework of economic sanctions. The second section took the economic sanctions imposed on Iran and their effects from the period (2000-2025). The third section dealt with the economic sanctions imposed on Russia and their effects for the period (2000-2025). The fourth section was a comparison between the Iranian and Russian experiences. https://jqlap.qu.edu.iq/article_190031.html Moderation is considered one of the essential values for the stability of societies and their ability to confront intellectual, political, and social challenges. With the increase in the phenomenon of violent extremism, the need to activate the roles of international organizations in promoting the values of moderation and tolerance and consolidating social cohesion has become urgent.This research aims to analyze the efforts and contributions of international organizations, especially the United Nations and its specialized agencies (such as UNESCO and the United Nations Development Programme), in addition to regional organizations such as the European Union, the League of Arab States, and the Organization of Islamic Cooperation, in confronting violent extremism, building a culture of peace, and promoting the values of moderation and coexistence. It also examines international agreements, reports of UN institutions, as well as Arab and international academic studies.The study emphasizes that consolidating moderation and enhancing social cohesion requires a comprehensive participatory approach that integrates the efforts of international organizations, national states, and civil society, ensuring a balance between security needs and respect for human rights. https://jqlap.qu.edu.iq/article_191645.html This study examines the rapid rise of artificial intelligence (AI) technologies in the military field and the resulting emergence of "lethal autonomous weapons" (LAWS), described as the "third revolution in the art of war." These systems have become a focal point of international competition and a means to impose strategic dominance. From this perspective, the study aims to develop a proposed legal framework for holding accountable the human actors involved in the weapon's lifecycle—programmers, manufacturers, and commanders—to ensure they do not escape punishment under the pretext of technological autonomy. This framework also seeks to uphold humanitarian principles amidst the increasing trend toward the "automation" of armed conflicts. The study concludes that the fundamental danger of these systems lies in their superior ability to automatically select and engage targets without direct human intervention. This poses a real dilemma for the rules of international humanitarian law, which are based on the human capacity to distinguish between military targets and civilians.The fundamental problem posed by these weapons extends beyond their combat effectiveness, reaching into the principle of individual criminal responsibility. As major international powers race to impose their dominance through these technologies, the international community finds itself facing a "legal vacuum." The direct physical link between the criminal act and the human perpetrator disappears, posing an existential challenge to the established rules of the Rome Statute: Who is held criminally liable for the use of AI-based weapons in war crimes? https://jqlap.qu.edu.iq/article_192040.html E-government is a new and advanced method in the present time, aiming to adapt to current transformations and facilitate communication between public facilities and their beneficiaries. This is achieved by integrating information and communication technologies into the activities of public facilities to ensure equitable access to public services, develop public facilities, guarantee their regular and continuous operation, achieve high-quality service delivery, and ensure beneficiary satisfaction by focusing on its components and ensuring the smooth implementation of its various stages.To further enhance the benefit and provide a comprehensive overview of the research topic, we have chosen to employ an analytical approach to examine the opinions of legal scholars on this subject, as well as an inductive approach. This will allow us to observe the phenomena surrounding public administration activities, gather data and information about them, present the most significant obstacles facing e-government, and outline the key stages of its implementation.We will address the topic by dividing it into two sections. The first section will define e-government, while the second section will explain the stages of e-government implementation and its impact on the fundamental principles governing the operation of public services. https://jqlap.qu.edu.iq/article_192039.html This research deals with the subject of legislative policy aspects, which are considered important legal, administrative and political issues in the legislative process, as they represent an interactive legal process in light of which the legislative process is tested by legislative decision-makers in light of the requirements and needs of the people, so that these interests and needs are poured into legal textual molds in a tight legal style characterized by ingenuity and mastery in formulating ideas in a concise manner within legal frameworks that can be applied, so that future facts and events are governed within a specific philosophy for the parties responsible for preparing them to achieve the interests of the people. This research also deals with the aforementioned aspects by addressing the general and specific legislative policy aspects, the mechanisms for preparing them, the practical problems that accompany them, the stages of their preparation, the parties responsible for preparing them and the parties supporting them. https://jqlap.qu.edu.iq/article_192038.html This study examines the constitutional judicial review of electoral laws and its impact on achieving fair representation of societal components, through an analytical approach that addresses both the conceptual and practical dimensions of such review. The research aims to clarify the nature of constitutional judiciary and the types of review it exercises, as well as to analyze electoral laws as a tool for regulating political participation, in addition to identifying the standards of fair representation in democratic systems. It also highlights the role of constitutional courts in annulling provisions that violate constitutional principles, particularly the principle of equality, and their oversight of electoral districting and electoral systems. Furthermore, the study explores the limits of constitutional review, the challenges it faces, and its effectiveness in ensuring fair representation, with reference to the Iraqi context. The study concludes that constitutional review is an essential mechanism for controlling electoral legislation; however, achieving fair representation requires the integration of such review with a conscious legislative will and a stable legal framework that enhances the integrity of the electoral process. https://jqlap.qu.edu.iq/article_192037.html Commercial practices have shown that applying normal liability rules to company directors' decisions can restrict a company's functions and diminish its attractiveness to qualified managers, in addition to negatively impacting the separation of ownership and management. This is because the shareholders would have the power to sue and seek compensation for any business decision made by directors if it failed to increase profits or if they held differing views from management. This could trap companies in a vicious cycle of disagreement and conflict, negatively affecting the company's operations and even its very existence. To address this reality and avoid these potential pitfalls, some legal systems have developed the Business Judgment Rule (BJR), which grants directors significant legal immunity from liability for business decisions made within their defined authority and in accordance with the principles of credit and good faith. The primary objective of this principle is to enable company directors to operate within a secure legal environment, thereby encouraging them to leverage their knowledge and skills to serve the company's best interests. Functionally, it serves as a structural complement to the principle of separation of ownership and management, in addition to its significant contribution to enhancing the objective aspects of commercial decision-making. This principle is a distinctive feature of Anglo-Saxon legal systems, https://jqlap.qu.edu.iq/article_190043.html Private international law is considered the ideal reference for resolving disputes involving a foreign element, whether these disputes fall within the scope of personal status, civil, or commercial matters. Given that society is now rapidly adopting modern technologies in all aspects, it has become imperative for private international law, with its rules and procedures, to keep pace with this development and level of modernity. This is necessary to resolve disputes arising from any new technology that is the subject of a contract, if the legal relationship includes a foreign characteristic that characterizes one of the elements of this relationship.Among these technologies, cybersecurity technology has emerged with its electronic programs to keep pace with increasing scientific progress and has entered all public and private fields, including the commercial field. Large commercial companies seek to protect their data, knowledge, and customer secrets by concluding cybersecurity contracts to transfer software technologies or obtain training services from relevant entities. A distinguished specialization in this preventive field, to preserve its trade secrets, it is the duty of the party supplying technical knowledge in cybersecurity to adhere to the contract and not breach its terms, as such breach has a significant negative economic impact on the contracting party benefiting from concluding the contract. https://jqlap.qu.edu.iq/article_190025.html The topic of economics is an important one. Adherence to it is important for maintaining the legal security of relationships that arise under a given legal situation, as well as for the proper application of the law. However, failure to adhere to it is not purely negative. Social necessities may arise that prompt the legislator to enact specific laws to address emerging issues or social phenomena. This requires the legislator to have his say, either through new legislation or by adding to or amending existing laws. The problem with the issue is that legislative chaos poses problems that may face the courts when applying the law, in addition to the lack of clarity of vision among those dealing with it. If there is a need to create a new legal reality, then what is the harm in amending the laws in force without legislating new laws, the enactment of which would lead to confusion in the legal reality when applied, or they would be in the courts’ files because they require mechanisms to activate them, the creation of which may be delayed for years, as is the case with the Consumer Protection Law. https://jqlap.qu.edu.iq/article_192036.html This research examines the law applicable to copyright in electronic information service contracts within the framework of Private International Law, in light of the rapid development of information and communication technologies and the emergence of new cross-border contractual models. Such developments have given rise to complex legal challenges concerning the protection of copyright in the digital environment, particularly with regard to determining the applicable law governing copyright-related rights arising from international electronic contracts, The study focuses on defining electronic information service contracts, identifying their legal characteristics and parties, and clarifying their role in the exploitation and dissemination of intellectual works through digital means, especially via information banks and electronic databases. It also analyzes the legal nature of copyright in the digital environment, its constituent elements, and the distinction between moral and economic rights, while examining the extent to which copyright protection applies to databases, subject to the requirement of originality in the selection or arrangement of their contents, Furthermore, the research analyzes the position of Iraqi legislation in this regard, in comparison with Egyptian, Emirati, Jordanian, and French laws, and highlights the role of international conventions—particularly the Berne Convention, the TRIPS Agreement, and the Geneva Convention—in establishing international standards for copyright, With respect to conflict of laws, the study discusses the main approaches to determining the applicable law governing copyright in electronic information service contracts, including the law of the state of transmission, the law of the state of reception, and the law of the country where protection is sought. https://jqlap.qu.edu.iq/article_190059.html Businesses often encounter obstacles that make them stumble in their work. These projects need to rethink their plans, get out of their crisis and get out of their stakes, and look for successful ways to get their business back and get out of the default crisis.The interest of creditors requires the full and immediate recovery of their funds, but the interest of the national economy requires that the commercial companies remain in existence despite their financial inability to ensure their financing to the national market for the required goods and to maintain their positions of workers. For these reasons, many countries adopted measures and mechanisms to save companies Trade-off from default, to ensure continuity of business.In this better situation, it has to work for a settlement of its stumbling, and the settlement is either judicial or friendly, and the amicable settlement can be through arbitration, conciliation, or conciliation, and we will take from the amicable settlement arbitration to revive the troubled companies.Did comparative legislation set a system for the friendly settlement of troubled companies by arbitration? https://jqlap.qu.edu.iq/article_192035.html This study examines the nature of defects in contracts of sale between the criteria of description and value, through a comparative analytical approach between Islamic jurisprudence, the Iraqi Civil Code, and French civil law before and after the 2016 reform of contract law. The study highlights the challenges posed by the contemporary digital environment, where contractual objects increasingly include software, smart products, digital assets, and downloadable digital content. It concludes that the concept of defect in Islamic jurisprudence is based on two main criteria: diminution in value and failure of the intended purpose of the sold item. While the Iraqi Civil Code adopts this conceptual approach, the criterion of failure of purpose appears capable of accommodating defects in digital products through a flexible legal interpretation.The research concluded that Islamic jurisprudence established a flexible concept of defect based on the criteria of diminished value and loss of the intended purpose of the contract. While the Iraqi legislator adopted this concept, it restricted the buyer's right to rescind the contract or retain the goods at the agreed price. Furthermore, the research revealed that the new French Contract Code of 2016 restructured the means of protecting the buyer without fundamentally altering the concept of latent defect. The research concludes that the criterion of loss of purpose in Iraqi civil law can accommodate defects in digital products, but requires a flexible interpretation of certain legislative provisions to keep pace with contemporary technological advancements. https://jqlap.qu.edu.iq/article_192034.html This research aims to study the extent of the freedom of the injured in choosing the means of compensation in the Iraqi Civil Law, and the limits of what the court has in directing this choice, and proceeds from a basic observation that the Iraqi legislator decided the monetary origin, and left other non-monetary forms to the discretion of the court ((depending on the circumstances)), which opens the scope for uneven application, and the study adopted the analytical approach to the relevant legal texts, coupled with the analysis of the decisions of the Federal Court of Cassation related to the subject, the study revealed that the criterion ((circumstances)) turned in judicial application into practical controls that restrict the will of the injured in practice when choosing the means, and he recommended clarifying the controls on the reversal of the monetary asset legislatively, and the need to take into account the adequacy of compensation when restricting the choice of its means, so that the judiciary does not end up with an alternative that does not adequately absorb the damage..The study on this topic is divided into an introduction, two sections, and a conclusion. In the first section, we will discuss the shortcomings of the legislative organization in prioritizing means of compensation despite the establishment of the monetary basis. In the second section, we will examine the applications of the Iraqi judiciary in restricting the right of the injured party to choose a means of compensation s. https://jqlap.qu.edu.iq/article_192047.html The topic under discussion relates to renewing the jurisprudential perspective on some aspects of the marriage contract, specifically examining the role of will in agreeing on non-financial matters within this contract, starting with the issue of sexual intercourse and procreation and ending with the issue of division and housing. It has been shown that the marriage contract is close to being a system in which the will intervenes, with it possessing numerous powers through which it can modify some of the consequences of entering into it, including sexual intercourse, procreation, division, and housing. We have concluded that the will's authority is restricted in some matters to a degree that renders it incapable of any authority, such as the issue of agreeing that there will be no intercourse. However, it is given an intermediate role, as it can modify contractual effects, such as temporarily regulating the issue of procreation and sexual intercourse. https://jqlap.qu.edu.iq/article_190029.html The process of creating a new plant variety is part of the technological developments the world has witnessed recently, and the accompanying reliance on research results using genetics and its scientific applications to achieve development and economic growth. Innovation in the field of biotechnology has become a top topic for researchers.It has received great attention from legislators, and has also received its share of attention at the international level, as a result of the economic and social effects that result from its widespread use in trade, food and pharmaceutical industries. It was necessary to search for a legal mechanism that regulates the relationship between producers of new plant varieties and their users. Based on this, the Iraqi legislator issued Law No. 15 of 2013 on the Registration and Accreditation of Agricultural Varieties, which includes controls to protect the rights of breeders over new plant varieties they produce, provided they meet the protection requirements stipulated in this law, to ensure the desired balance in dealing with the national plant wealth among the various stakeholders and actors in this sector. Although the protection of plant varieties in Iraqi Law No. 15 of 2013 favored the special system, this law did not include some terms specific to the protection of plant varieties, https://jqlap.qu.edu.iq/article_190057.html This study investigates the concept of the electronic check, which emerged with the rise of electronic commerce as one of the advanced instruments of payment. Its significance for the banking services sector lies in the speed and security it offers through reliance on electronic signatures, in addition to the relative ease of legal transactions due to its electronic nature. The research addresses the central problem of the absence of a specific legal framework regulating the electronic check, as its provisions are currently referred to those governing the traditional check despite its distinct features.The study is structured into two main sections. The first introduces the electronic check by clarifying its concept and examining its legal regulation. The second explores the rules governing its creation, issuance, and circulation. Methodologically, the research adopts both descriptive and analytical approaches through the review and analysis of relevant legal texts.The findings reveal that the electronic check is essentially the digital equivalent of the traditional check, incorporating the same substantive data but distinguished by its electronic medium. This grants it a unique nature in terms of creation and circulation, where it functions as an electronically signed data message. https://jqlap.qu.edu.iq/article_192033.html Procedural sanctions are a fundamental component of the procedural system in civil litigation. They play a crucial role in ensuring respect for the rules governing judicial proceedings and in achieving a balance between the rights of litigants and the requirements of justice. The effectiveness of procedural rules depends not only on their existence but also on the existence of legal mechanisms that guarantee compliance and address violations.The importance of procedural sanctions lies in their role as a tool for regulating the procedural conduct of litigants and limiting the abuse of procedural rights, thereby contributing to increased public trust in the judiciary and achieving legal stability. They also serve as a means of achieving procedural economy by reducing frivolous procedures and preventing the unjustified prolongation of litigation.The subject of procedural sanctions is gaining increasing importance in light of developments in contemporary judicial practice and the resulting need for a procedural system capable of reconciling the guarantees of due process with the requirements of speed and efficiency in resolving disputes, thus achieving the fundamental purpose of the judiciary: upholding rights and achieving justice. https://jqlap.qu.edu.iq/article_192041.html Peaceful civil coexistence represents a civilised social, political, and cultural phenomenon and an objective of the domestic policies of states. At the same time, it is a successful means of establishing the concept of the state. This wonderful duality between the end and the means results from the fact that peaceful coexistence represents the pinnacle of a pyramid resting on three cultural and political foundations: dialogue governed by mutual respect, fairness and justice, and the rejection of fanaticism and hatred. Tolerance is the key to dialogue and a path to achieving equality. Citizenship then comes as a third pillar, as if it were the spirit that flows through the bodies of the people of a single nation, enhancing their sense of belonging. Just as peaceful coexistence has foundations, it also yields fruits that represent the most important concepts of the state, such as human rights and fundamental freedoms, and the strengthening of social cohesion. The Islamic state is no different from other states in its lack of peaceful coexistence to establish its concept among its people. However, it is distinguished by several features, including that the sacred texts, which represent the supreme authority for the state's laws, call for coexistence. Among these is the history replete with experiences of peaceful coexistence. It was then depicted in the era of the Prophet's state, such as the Charter of Medina, the Treaty of Hudaybah, and the Conquest of Mecca. The scenes recorded during the Conquest of Mecca embodied peaceful coexistence in its most beautiful form. When the Prophet (peace and blessings be upon him) pardoned the people of Mecca and treated them with kindness, even though they had fought him and expelled him from his country, this reinforced the concept of the state that rejects fanaticism, revenge, and retaliation. This is a culture befitting a tribe, not a state. At that time, the Arabs were in dire need of instilling the concept of the state within them, as it was a recent phenomenon in their lives. Indeed, this coexistence had an impact on consolidating the concept of the state, strengthening its pillars, and expanding it. This was followed by an important humanitarian event, the declaration of human rights during the Farewell Pilgrimage. It adopted the support of the oppressed and kindness to them and focused on the concept of human equality https://jqlap.qu.edu.iq/article_190070.html This research emphases on the nature of Turkey's position on the Iranian-(Israeli) War also the greatest prominent factors that governed Turkey's strategy towards the war. The research addressed the origins of the war between two sides and the most important motives that led to its outbreak. In order to achieve the objectives of the research, the research focused on the analytical approach to describe the Iranian-(Israeli) war, the Turkish position towards it, as well as determinants of that position. Furthermore, the research reached a set of conclusions, the most important of which are: The nature of the Turkish position towards the war was characterized by balance, following a position of active neutrality through diplomatic efforts and mediation between the two sides in order to stop the escalation and resolve the crisis. This position was based on several determinants, most notably the preservation of Turkish interests and its bilateral relations with the parties to the conflict. https://jqlap.qu.edu.iq/article_190048.html Food is among the most traded and essential commodities. Considering that the war between Russia and Ukraine is a conflict between two major agricultural powers globally, it carries various negative economic and social impacts felt worldwide currently, which may worsen, especially concerning global food security. If the war deepens, the food crisis may exacerbate, posing challenges for many countries, especially those reliant on food imports, such as countries in the Middle East and North Africa (the Arab region). Simultaneously, the war comes at an inopportune time for global food markets due to already high food prices stemming from disruptions in supply chains caused by the COVID-19 pandemic, strong global demand, and poor agricultural seasons in some countries.Understanding how conflict disruptions impact global food and fertilizer markets in terms of prices and availability is crucial for comprehending their comprehensive impact on global food security. Moreover, after over two years of war, its effects on global food security indicate the urgency and necessity of this research. With Ukrainian exports halted and Russian exports diminished due to imposed sanctions, rising fertilizer costs could indeed reduce their usage, consequently lowering agricultural crop productivity and consumption. The research may yield several conclusions, including solutions and strategies to mitigate supply chain disruptions, such as alternative food raw materials and technologically innovative supply chain partners to ensure food safety and quality during wartime. https://jqlap.qu.edu.iq/article_192042.html This study aims to analyze the crisis of state-building and governance in Djibouti by examining a range of internal and external factors that have impacted the state's ability to achieve political and institutional stability. The study begins by identifying the social, cultural, religious, and economic characteristics that shaped the general environment for the state's development. It highlights how tribal and ethnic diversity has influenced the structure of power and the distribution of resources. The study also reviews political and constitutional crises, focusing on the tribal monopoly of power as a major structural weakness, in addition to the political uncertainty resulting from the absence of transparent mechanisms for the transfer of power.The study sheds light on economic crises, including drought, low productivity, the accumulation of external debt, and the militarization of development policies that have placed the national economy under the influence of the international military presence. It also addresses social and cultural crises, centered on identity conflicts and disparities between population groups, and the resulting erosion of national cohesion. https://jqlap.qu.edu.iq/article_189421.html Over the past few years, Syria has faced several challenges, due to its geographic location, the problematic nature of the ruling family system, and other factors related to the Western perspective on Syria's position in regional relations. This comes at a time when the region has been witnessing transformations since the beginning of the current millennium, reshaping the political map. The conflict in Syria began in 2011 and has had profoundly negative repercussions, including human losses, material losses, displacement, asylum, and societal division. The losses have yet to be accurately quantified, but they resulted in a weakened Syria emerging from the rule of the Assad family in 2024.At the same time, the region had witnessed regional and international polarization. On one side was the Western coalition, supported by regional allies, including the Gulf states, Egypt, and Turkey, along with a number of local actors within Syria. On the other side lay Russia, along with Iran, and a number of local actors, alongside the Syrian political regime prior to the change in 2024. The political change removed the Syrian regime and placed it in an intermediate phase, in which it is currently closer to the West.The events in Syria have ultimately damaged the alliances Iran had established over several previous decades, exploiting the repercussions of American policy and the vacuum in the Arab region. The countries most affected by these events, after Iran, were Lebanon and the Palestinian cause. https://jqlap.qu.edu.iq/article_190066.html The issue of conflict and peace in this vital region (the Middle East) is theoretically Muslim, as this region witnesses cases of chaos and continuous and increasing conflict; It is an attractive area of conflict and international intervention and is used by the major and regional state to implement its strategies and consolidate its influence, as well as employing wars and conflicts in managing this region as a kind of pressure of extortion for goals that active forces in this region want. Therefore, the American strategy pays great attention to the issue of war and peace in this vital region, which is the issue of domination and influence in it is a maximum national security issue. So the American trends after the war are subject to a continuous evaluation according to the outputs and developments of the events. The study was divided into two sections. The first section included: The Middle East in American strategic thinking. The second section analyzed the 12-day war (Iran-Zionist entity) and the impact of American trends in the Middle East after the 12-day war. It also included a conclusion, deductions, recommendations, and a list of sources. https://jqlap.qu.edu.iq/article_192043.html The research addressed the political thought of the Hamas movement, given the movement's distinctive characteristics and pivotal role in the Palestinian cause. Since its inception, it has worked to define and focus its goals in order to resist and deter the Zionist occupier. It is one of the most important movements in the Palestinian environment that officially adopted the issue of defending the occupied Palestinian land, especially since the Palestinian cause has suffered since its first occupation and the concerted international efforts against it. Consequently, it was necessary for Islamic movements to emerge that work to restore and demand rights. Through the research study, the movement was addressed, the factors of its emergence and development, its most important religious and political ideas, and the future of the movement through the Al-Aqsa flood operation, which clarified the movement's role through negotiations between it and other factions and the Zionist entity (Israel), and its adherence to managing the matter in a way that serves its interests and the interests of the Palestinipeople. https://jqlap.qu.edu.iq/article_189333.html The international system has undergone numerous transformations at the beginning of this century, as it began to move towards a global system that would eliminate the features of unipolarity. This was considered one of the most important stages of its development, as this system was affected by many emerging issues that were the impetus for change, including the spread of terrorism, climate change, the Russian-Ukrainian war, and financial crises. The research attempts to answer the following question: What impact will the Russian-Ukrainian war have on the structure of the post-war international system, and what are the factors contributing to the decline of the current system? The research is based on the hypothesis that the Russian-Ukrainian war will bring about a change in the shape of the existing international system based on the factors of Russian power, American power, and American-European power, which are linked to variables that tend to reduce unipolarity. https://jqlap.qu.edu.iq/article_192045.html This study examines the path to peacebuilding and national reconciliation in Bosnia and Herzegovina by analyzing the components of the post-conflict process, including the accompanying international, regional, and local interventions aimed at reshaping social and political stability. The study begins with an overview of pre-war Bosnia, characterized by religious and ethnic pluralism. It then explains how this diversity became a source of conflict due to political and ethnic rivalries and the failure of state institutions to manage pluralism effectively. The study also addresses the underlying causes of the war and its impact on society and institutional structures.The study examined four interconnected paths to peacebuilding: peacekeeping, which provided a minimum level of security; peacemaking, embodied in settlement agreements; peace enforcement, which represented the most crucial military and political phase in establishing stability; and the recovery path, which focused on rebuilding institutions and inter-community relations. In the context of national reconciliation, the study highlights the importance of the participation of local actors, particularly Islamic communities and institutions, which contributed to producing a discourse focused on coexistence and the rejection of violence. It also highlights the role of the CIM Center, which developed practical programs such as peace camps and peace caravans, creating spaces for dialogue and renewed communication among young people from diverse backgrounds. https://jqlap.qu.edu.iq/article_192044.html This study examines the evolution of Russian-Syrian relations from 1944 to 2014, outlining their historical roots, the growing rapprochement between the two states, and the development of a strategic partnership that included indirect intervention prior to 2014. It further highlights the shift in Russia’s strategic approach toward Syria after 2014, analyzing the underlying motives that prompted Moscow to alter its policy and the resulting implications of that change. The research underscores the internal impact of the Russian-Syrian alliance, particularly its political and economic effects on both the Syrian regime and the opposition, as the alliance contributed to strengthening the regime’s authority and reducing the political and economic influence of the opposition. Moreover, it discusses the military and security dimensions of the alliance, clarifying the nature of Russian support to the regime in addressing military and security challenges, and its consequent impact on opposition factions and internal security conditions. The study concludes that the Russian-Syrian alliance constituted a pivotal element in the trajectory of the Syrian conflict after 2014, as it played a decisive role in restoring the balance of power in favor of the regime, shaping the political and military landscape within Syria, and exerting a profound influence on the dynamics of the internal conflict and the country’s future prospects. https://jqlap.qu.edu.iq/article_192046.html Kashmir represents one of the most prominent flashpoints in the contemporary international system, where geography intersects with religion and politics in the context of a protracted conflict between India and Pakistan since the partition of the subcontinent in 1947. The region has acquired significant strategic importance given its vital location at the intersection of regional interests, its presence on key water resources, and its status as a region with a religious identity disputed between the Muslim majority and the political allegiance to Hindu-majority India.The Kashmiri conflict began with the historical division of the subcontinent, when the Muslim-majority region was forced to join India, sparking waves of resistance and successive wars between the two sides. Despite the passage of more than seven decades, Kashmir remains a conflict complex that transcends its local dimension to become an issue with regional and international dimensions. External interventions, whether by major powers or international organizations, have sometimes exacerbated the crisis and at other times attempted to contain it, but they have been unable to address the structural roots of the conflict.A study of the Kashmir crisis demonstrates that the lack of mutual trust, conflicting visions of identity and sovereignty, and the exploitation of the crisis by international powers as a geopolitical bargaining chip are all factors that have rendered the conflict complex and constantly recurring. https://jqlap.qu.edu.iq/article_190046.html The Contemporary social, economic, political, and cultural transformations have expanded the role of the state and intensified administrative authority in regulating public affairs and individual conduct. While the primary aim of administrative legislation is to guarantee the exercise of rights and freedoms in harmony with public order, practical realities reveal that such regulation often serves as a channel for restricting or eroding fundamental rights. This problem becomes more acute when administrative authorities employ discretionary powers in ways that exceed constitutional and legal boundaries .The findings demonstrate that the erosion of rights intensifies with the expansion of administrative discretion. In particular, the phrase “not subject to oversight” in Article 46 of the 2005 Iraqi Constitution has created a legal opening for restricting freedoms. Furthermore, the study reveals structural deficiencies in judicial protection, given the limitation of administrative review to a single court, thereby weakening access to justice and undermining constitutional guarantees. https://jqlap.qu.edu.iq/article_192051.html A medical robot is a programmed automated device used in the medical field to provide precise medical services such as electronic surgery, diagnosis, care, and monitoring. The most prominent features of a medical robot are its autonomy, self-learning, and ability to perform precise and complex medical procedures that require high precision, often exceeding the capabilities of a normal human. It is also characterized by its human-like physical appearance and its high capacity for reasoning and decision-making. The most important types of medical robots are surgical robots and healthcare robots. Furthermore, it consists of an intangible aspect represented by algorithms characterized by extreme accuracy and speed of performance, which are characterized by a low incidence of medical errors. Medical robots also possess a high degree of flexibility, enabling them to adapt to diverse medical environments. They serve as a tool that assists and enhances the efficiency of the medical team and staff without compromising their human role. https://jqlap.qu.edu.iq/article_189420.html The research addresses "Saudi foreign policy towards Lebanon" from 1990 to 2016, in terms of its objectives and means. During this period, the "Kingdom of Saudi Arabia" focused on achieving political stability - in a fragile Lebanese environment suffering from deep sectarian and partisan divisions - by supporting the leadership of movements led by a component close to its orientations. This was in an effort by the Kingdom to strengthen "national unity", support Lebanon's sovereignty, and maintain and activate its institutions. This was based on the Kingdom's awareness of the importance of Lebanon's geopolitical position, its sponsorship of the "Taif Agreement" that ended the war there, and its ties and interests in Lebanon. The Kingdom supported "Lebanese security" through cooperation in areas most notably border control, preventing smuggling, and confronting threats. Economically, the Kingdom's objectives included promoting investments and trade exchange. and balancing external influence.To achieve these goals, the Kingdom relied—in general—on diplomatic tools, such as the Taif Agreement, mediation, and public and religious diplomacy, in addition to economic tools, such as financial, investment, and development aid.The study concludes that Saudi Arabia has adopted a comprehensive policy toward Lebanon. However, the effectiveness of this policy has faced internal and regional challenges that have limited its impact, necessitating a reconsideration of it, demonstrating greater flexibility and prudence in dealing with the complex Lebanese reality. https://jqlap.qu.edu.iq/article_189354.html This study provides an in-depth study of the subsidiary civil lawsuit before the criminal court, examining its legal basis, formal and substantive conditions for its admissibility, and its legal nature, which distinguishes it from other independent civil lawsuits. The study aims to clarify the impact of the judgment issued in the criminal lawsuit and its impact on the civil lawsuit's continuity and appealability. This is done in light of a comparison between Iraqi, Jordanian, Egyptian, and French law. The study demonstrates that the applicable law to the subsidiary civil lawsuit is the Code of Criminal Procedure, not civil law or the Code of Civil Procedure, as long as the lawsuit is heard before the criminal court. This impacts the procedures for filing the lawsuit, its admissibility, and the formality of the appeal. The study also addresses the legal conditions for the admissibility of the subsidiary civil lawsuit, which include: direct and personal harm resulting from the criminal act; the crime must be the subject of ongoing criminal prosecution; the lawsuit must be filed before the competent criminal court in accordance with the legally prescribed timelines and procedures; and the claimant must have a legitimate and existing interest. It has been emphasized that the subsidiary civil action is distinguished by its legal specificity, https://jqlap.qu.edu.iq/article_192053.html This section deals with the legal structure of the administrative authority controlling the achievement of the environmental dimension of sustainable development and its judicial protection .it explains the most important environmental laws in Iraq that seek to achieve the environmental dimension ,in addition to clarifying the position of the current Iraq constitution on the subject .this section also deals with the position of the Iraq judiciary on achieving the environmental dimension of sustainable development, whether it is administrative or ordinary judiciary and whether it was effective in achieving this dimension .the research concludes with an evaluation of the position of the Iraqi legislator on the environmental dimension of the sustainable development , pointing out the shortcomings and proposals for achieving the environmental dimension of sustainable development and protecting the rights of future generation . https://jqlap.qu.edu.iq/article_189349.html Russian policy toward Central African countries is influenced by a set of regional and international determinants that shape the framework for Russian actions and balances in the region. At the regional level, Israel, the Gulf Cooperation Council (GCC) states, and Turkey play influential roles, as each party seeks to advance its economic and political interests on the African continent. This forces the Russian Federation to adapt its policies to suit this competition. Through its security and technological ties with some Central African countries, Israel is pressuring the Russian Federation to reformulate its military and intelligence cooperation strategies. Meanwhile, the Gulf Cooperation Council states have sought to enhance their influence through investment, energy, and development aid. This represents direct competition with Russian economic policy, particularly in the energy and minerals sectors. Turkey has succeeded in building commercial, cultural, and military networks in some Central African countries, particularly Chad, forcing the Russians to develop their diplomatic and military tools to secure their position in regional alliances. https://jqlap.qu.edu.iq/article_190024.html During the transition from a capitalist to a socialist system, the Iraqi legislator made a major change to the commercial legal system. This was outlined in the Legal Reform Law No. 35 of 1977, which mandated the unification of evidence rules. This led to the issuance of the Iraqi Evidence Law No. 107 of 1979, which unified civil and commercial evidence rules. The legislator explained that the purpose of this unification was to establish equality and simplify formalities. The Iraqi legislator considered the freedom of proof to create inequality between creditors and debtors, causing a gap and imbalance in legal positions. This justified intervention to abolish this freedom and balance the scales by unifying evidence rules and narrowing the principle of freedom of will. Regarding the simplification of formalities, while consolidating substantive and procedural rules into one law was a step toward this goal, and despite rules granting the court a positive role, the abolition of the freedom of proof and the imposition of restrictions on evidence contradict the simplification of formalities. https://jqlap.qu.edu.iq/article_192052.html A person with special needs is simply a member of society who has been afflicted with a deficiency that reduces his ability to fully perform his social, economic and political duties, just as a normal person would. Therefore, if a person with special needs is exposed to and commits a crime, he needs special procedures that are compatible with his health, psychological and mental condition. He also requires alternative means in most stages of the lawsuit that are compatible with his condition and interests. https://jqlap.qu.edu.iq/article_192048.html The marriage contract is one of the most important contracts in Islamic law, as it is the cornerstone of building the family, which forms the nucleus of society. Since finding a suitable spouse and reaching a stage of compatibility and marriage is a difficult matter that concerns many individuals about to marry within society, due to the importance of making a good choice to avoid many problems that may arise in married life, many have resorted to a natural or legal person who practices the art of mediation to bring two parties together in preparation for concluding their marriage contract. This research aims to clarify the commercial nature of mediation in marriage contracts and to arrive at a sound legal classification of the marriage mediation contract, as well as to clarify the legal status of the parties involved (the rights and obligations of the two parties). The importance of the topic stems from the importance of marriage and the issues related to it, including the issue of mediation between the parties to the marriage contract, which has become widely practiced by both individuals and companies, especially after its full recognition as legitimate by Islamic scholars and the French judiciary. In this study, the researcher adopted an analytical approach, as well as a comparative approach, to benefit from existing laws addressing the topic, including French law. The study concluded that marriage mediation constitutes commercial brokerage when conducted for a fee, professionally, and through a commercial organization. https://jqlap.qu.edu.iq/article_192049.html International liability incurred in the event of environmental pollution in general , and the marine environment in particular , is an important issue in international law , imposed due to the rapid developments experienced by the international community . Therefore , imposing it in this area is necessary to preserve the environment and ensure its continued survival and safety for future generations . Therefore , all countries must protect the environment in all its details . Therefore , our research will focus on the application of international liability to countries that work to violate the rights to protect it , because the effects of environmental violation of all kinds are transnational effects , and this requires intensified efforts by countries to confront these effects .This research will be addressed according to the descriptive approach by explaining marine pollution and the relationship of this type of pollution to international responsibility, and the analytical approach by explaining that combating marine pollution is one of the obligations and duties that fall on all countries, considering that this pollution does not affect a particular country as it is transnational. In addition, preserving the marine environment is one of the basic human rights that must be preserved. https://jqlap.qu.edu.iq/article_192050.html This research addresses one of the legal consequences arising from the authority of judicial judgments, namely the possibility of extending their effects to third parties who were not represented in the litigation. This issue falls within the concept of the absolute authority of judicial judgments, whereby the effects of a judgment may extend to all persons and are not confined solely to the parties to the dispute. Such authority constitutes an exception to the general rule that judicial judgments possess only relative authority, binding exclusively upon the litigating parties.This study identifies the principal conditions required for the realization of the absolute authority of judicial judgments and, consequently, for the extension of the effects of the annulment of an administrative order or decision to individuals who were not parties to the proceedings. This approach is based on the principle that legality is indivisible, in the sense that an administrative order or decision deemed unlawful with respect to one of its addressees cannot simultaneously be regarded as lawful with respect to others whose rights or legal positions have been affected by the same decision.The research examines this subject by shedding light on the various forms of the authority of judicial judgments, the conditions necessary for their application, and the legal effects resulting from the annulment of administrative decisions or orders. It further analyzes the requirements for extending the effects of annulment judgments, the different forms such extension may take, and the exceptions thereto. https://jqlap.qu.edu.iq/article_193034.html Globalization, as a radical transformative force, converges with the technological revolution to induce a metaphysical transformation in the architecture of dispute resolution. The expansion of electronic arbitration transcends mere procedural evolution, embodying instead the dialectical becoming of justice amidst fragmented spatiotemporal contexts. Within this globalized cyber sphere, this paradigm emerges as an ontological response to the antinomies of digital law – deconstructing the local/global binary to redefine "sovereignty" and "boundaries." Thus unfolds the dialectical interplay between globalization as an engine of legal paradoxes (pitting digital universality against legislative particularity) and e-arbitration as a techno-legal phenomenon that liquefies disputes into fluid entities transcending state hegemony. This compels a fundamental inquiry: Can such mechanisms achieve "transcendental justice" beyond traditional political authority? The imperative arises to dissect legitimacy-threatening challenges from the alienation of legal cultures to crises of trust in judicial decentralization revealing the problematic of liquid justice in an era of paradigmatic shift from traditional systems.