Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری

Challenges to National Belonging in the Kurdistan Region After 2005

2025-07-14T23:04:35+03:00

National belonging refers to the set of behaviors and practices that reflect individuals' commitment to the prevailing national values in society, such as pride in national symbols, adherence to laws and regulations, and attachment to the homeland and shared identity. Political parties play a pivotal role in fostering national belonging in the Kurdistan Region, guided by their political and cultural ideologies. This research aims to analyze the challenges facing the promotion of national belonging, which fall within the responsibilities of political parties in the region.

This study employs a descriptive-analytical methodology to understand the political and social reality of the Kurdistan Region and examine the factors influencing national identity and belonging. Furthermore, a case study approach is used to assess the role of political parties in this context. The theoretical framework of the study is based on the theory of constructivism, which provides an analytical tool for understanding the challenges hindering the development of national belonging within the region's political structure.

The findings reveal multiple challenges impeding political parties' efforts to strengthen national belonging, the most prominent being: challenges related to national identity, chronic economic crises, Political disputes, and Legal and constitutional issues.

The Kurdistan Region suffers from a persistent economic crisis that has exacerbated political instability, directly and negatively impacting the reinforcement of national belonging. These challenges have reached a critical level, leading to what can be termed a "crisis of national belonging," which has become increasingly evident in recent years.

The Legal Regulation of the Mechanisms for Exercising the Right to Vote in Iraq (An Analytical Study)

2025-07-21T17:24:44+03:00

The right to vote, being a crucial and impactful political right, is practiced through various mechanisms outlined in the constitutions and electoral laws of different countries. Moreover, a universal voting system is implemented throughout the voting process; in certain instances, early voting is allowed to guarantee that voters unable to participate on general election day are not omitted. Concurrently, the ongoing digital revolution has led nations to contemplate implementing electronic voting and moving away from traditional methods. In certain countries, the legal framework permits voting by proxy. Examining the current electoral laws in Iraq and the Kurdistan Region, we identified legal gaps and weaknesses in the processes allowing voters to exercise their voting rights, which will inevitably affect voter turnout adversely. Regardless of the attempts undertaken, the practice of voting in Iraq and the Kurdistan region remains conventional, and voters cannot utilize proxy voting when they are traditional to cast their ballot in person.

The Legal Framework for Business Partnerships in Iraq and the Kurdistan Region

2025-08-06T21:12:40+03:00

ABSTRACT

The group of companies has played—and continues to play—a vital role in driving economic and social development, as it is one of the most important requirements for various economic sectors and a fundamental pillar for the advancement and elevation of company standards. The group of companies is characterized by a special nature that brings together economically and legally independent companies, each of which enjoys legal personality. However, in practice, they are subject to a dependency relationship with the parent company that heads the group, as it owns a part of the capital.

As a result of the tremendous technological advancement in the world of commerce and finance, some companies have become unable to compete and achieve growth by improving and modernizing production in the face of major companies that dominate most commercial and economic activities. This has become a means to confront the risks those companies face in both domestic and foreign markets. The goal is to expand their activities, development, and growth. These groups are established through legal means suitable for the legal nature of the corporate system in general, and among these mechanisms are (mergers, acquisitions, and partnerships) in order to achieve financial and administrative cooperation among group members.

Donald Trump's Leadership Excellence During His Two Terms and Its Impact on Foreign Policy

2025-07-07T10:47:51+03:00

The aim of this research paper is to identify the differences between the two terms of Donald Trump's presidency and their impact on foreign policy. We have chosen several approaches appropriate to our research topic. Thus, Trump's approach may not have been aggressive, but rather aggressive economic (utilitarian pragmatism), which he has always practiced in imposing economic sanctions or trade tariffs. In his first term, Trump practiced the "United States First" principle, relying on political and economic tools (how much he gets). In his second term, however, he emphasized the "peace through strength" principle more, even relying on political and strategic tools alongside his economic tools.

Environmental Challenges and The Ability of Kurdistan Regional Institutions to Face them

2025-08-01T15:15:26+03:00

This study examines and evaluates the role of the Kurdistan Region in addressing environmental challenges as a crucial political and humanitarian issue. Focusing on the Kurdistan Regional Government’s (KRG) policies and strategic initiatives, the research highlights efforts to improve environmental conditions and mitigate crises—particularly those that have been underemphasized or overlooked. By analyzing the significance of environmental protection, the study explores why and how sustainable solutions must be prioritized to ensure human, political, and social security in the region.

Judicial Oversight of Enforcement Procedures (A Comparative Study)

2025-09-21T09:21:13+03:00

Judicial oversight of enforcement constitutes a fundamental mechanism to ensure respect for judicial rulings and the realization of justice. However, the Iraqi legal system reveals a clear deficiency in regulating such oversight over compulsory enforcement procedures, due to the absence of an independent authority for enforcement judges that guarantees direct and effective supervision of these procedures. This research aims to analyze the frameworks of judicial oversight over the enforcement of judgments in Iraq and to compare them with other legal systems in order to identify shortcomings and extract best practices that strengthen the protection of rights. The findings indicate that the current oversight mechanisms do not provide a sufficient level of specialized judicial supervision, which adversely affects the speed and effectiveness of enforcement. The study concludes that establishing an independent enforcement judiciary under the supervision of a specialized judge is a necessary step to reinforce judicial oversight and ensure the realization of swift justice, while drawing upon comparative experiences to develop and enhance the performance of the enforcement system in Iraq and the Kurdistan Region.

Political Engineering: A Study of the Concept, Objectives, and Fundamental Components

2025-09-14T22:26:58+03:00

This paper seeks to present a theoretical framework for the concept of political engineering and to clarify its terminological boundaries by reviewing a range of different scholarly perspectives on the concept. It also attempts to highlight the objectives of political engineering as an intentional method or approach for designing and constructing the political system and its institutions, in addition to examining the essential components and requirements that must be met in societies where political engineering is to be applied in order to achieve various goals.

To reach objective results, the researcher formulated the research problem in the form of a main question that was addressed throughout the study, relying on two scientific methodologies: the descriptive-analytical approach and the new institutional approach. After completing the research sections and explaining its key concepts, the researcher arrived at several conclusions and generalizations. Most importantly, political engineering is defined as a process aimed to reshape the political system by designing its institutions, laws, and processes to achieve multiple strategic objectives, relying on tools of institutional analysis as well as applied and mathematical sciences. The study also concluded that the process of political engineering requires stable and legitimate institutions, a clear strategic vision, political will among elites, and accurate information about the political environment and society.

Criteria for Distinguishing Incitement as a Form of Criminal Participation From Incitement as an Independent Crime

2025-09-17T23:13:58+03:00

The crime is either committed in its simple form, which consists of the perpetrator and the victim, so that the crime is the result of the activity of one person without the participation of another in committing it, or it is committed in its composite form by committing several people in one crime, then we are in front of the criminal contribution, and in the criminal contribution, it is not necessary that all the perpetrators participate in the material work in the occurrence and completion of the crime, but there may be those among them who are the planners and planners to commit it without committing any material work, and it is called the one who plans and plans Because of the crime of (the instigator), the Iraqi legislator considered the instigator an accomplice in the crime despite not participating in the material work, i.e., making incitement a form of criminal contribution, and this is the common form of the crime of incitement, but there are special cases in which the street considered incitement an independent crime, and this raises questions that need to be answered, such as: When is incitement considered a form of criminal contribution, and when is it considered an independent crime? And what is the difference between them? What criterion can be relied upon to differentiate between them? In order to answer these questions and to be familiar with the subject of the research, we decided to divide this study into two topics, the first topic came to serve as a framework that brings together various concepts of the crime of incitement in terms of its definition, types, elements, and the explanation of modern means of incitement, while the second topic examined the crime of incitement in both types, i.e. as an independent crime or criminal contribution, and then we set out the criteria through which we believe that it is possible to distinguish between the two types of incitement.

Penalties for the Administration’s Breach of Legal Periods (Comparative Study)

2025-09-27T15:49:33+03:00

Legal periods generally refer to the timeframes set by the legislature to regulate administrative and judicial procedures. For the administration, legal periods are the timeframes within which actions must be taken or decisions must be issued. The administration must observe several types of legal periods, including the period for responding to requests, grievances, and complaints, as well as the period for implementing judicial rulings issued against it, among others. The length of these periods also varies according to the type and urgency of the request submitted to the administration, whether it is urgent or non-urgent.

The legislator’s establishment of a specific period for the administration to make a decision or take action aims to achieve legal stability and security in legal relationships and positions, ensure legitimacy, and safeguard individual rights. Therefore, the administration must comply with these periods; otherwise, delays or procrastination will result in liability. Such liability may include financial penalties, such as compensation or an obligation to take the required action. It may also extend to the personal liability of the concerned employee, whether civil, criminal, or disciplinary.

The administration is not exempt from liability even if the legislator does not specify an explicit timeframe, as the period available is not open-ended or absolute; rather, it must be “reasonable” under the circumstances. The administration’s delay or failure to respond to requests or implement rulings constitutes a negative administrative decision that may be appealed for annulment.

Internal Challenges to the Role of Peshmerga Forces in the State Building Process in the Kurdistan Region after 2003

2025-10-26T19:26:44+03:00

The Peshmerga forces are regarded as the most significant contributors to the state-building process in the Kurdistan Region since 2003. Nonetheless, these forces have encountered various internal obstacles that negatively impacted their role in this process. Consequently, the study aimed to address a key question: What are the primary internal challenges that have influenced the role of the Peshmerga forces in the state-building process?This research intends to analyse and investigate the internal challenges and their implications for the Peshmerga forces within the framework of their participation in state-building in the Kurdistan Region. This study is qualitative and relied on a descriptive analytical approach to identify, describe, and analyse the problem. Various sources were used to gather information, including written materials such as reports, books, and academic journals in different languages, as well as official statements. alongside official statements. Furthermore, in-depth interviews were conducted with a selection of political figures and Peshmerga leaders. In conclusion, the study reached several findings. While theoretical perspectives generally coincide with the views of the majority of political leaders and military officials regarding the presence of political and institutional challenges and their effects on the Peshmerga's role in the state-building process, there are discrepancies concerning the extent and nature of these challenges’ impact on their ability to defend Kurdistan and its citizens. Although the economic and social challenges identified by researchers are acknowledged as real by the respondents, differences exist between theoretical viewpoints and practical assessments regarding their effects and strategies for addressing them. Theoretical perspectives stress the urgent need for comprehensive reforms across all dimensions of the Peshmerga forces, whereas practical views emphasize existing achievements and the capability to tackle challenges gradually without making dramatic changes.

Health Securities for Injured Worker in the Light of the Worker Social Security Law in Force in Iraq, Iran and Palestine

2025-10-16T13:09:33+03:00

In the current era, due to changes in working nature and methods and increasing large projects, factories, and companies—especially those working in construction, the fuel industry, and hazardous industries—many workers injuries at work or because of their work that require healthcare services. In the Kurdistan Region, the relevant law governing this matter is the Iraqi Worker Retirement and Social Security Law No. (39) of 1971 as amended, that its health securities’ regulation for injured workers does not align with the advancements in the labor sector in the modern era and is weak compared to the experiences of other countries. The primary objective of this research is to identify and elucidate the legal gaps in the law in force in the Kurdistan Region, regarding the health securities for injured workers. By using analytical, empirical and comparative approaches of the laws in force in the Kurdistan Region, Iraq, Iran and Palestine, this study has identified the strengths and weaknesses of the laws regarding health securities’ regulation for injured workers and proposed a number of recommendations for better regulating these securities in the Kurdistan Region.

Temporary Release Schemes of Inmates and Detainees in Iraqi Law

2025-11-21T14:13:32+03:00

Temporary Release Schemes is considered a crucial social care mechanism for the successful rehabilitation of inmates and detainees within Rehabilitation Institutions. It permits inmates and detainees to be temporarily released from the Rehabilitation Institution for defined periods while serving a custodial sentence, subject to conditions and controls stipulated by relevant laws, regulations, and instructions. This study critically examines the principal issue of shortcomings within the existing legal provisions in regulations and Directives concerning the granting of Temporary Release Schemes to inmates during the execution of their sentences in Rehabilitation Institution in both Iraq and the Kurdistan Region. Despite the existence of a legal framework for Temporary Release Schemes, the laws have not been adequately implemented on the ground to provide genuine and equitable opportunities for inmates to benefit from this system.