https://zancojournal.su.edu.krd/index.php/JLP/issue/feedZanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری 2024-11-30T23:13:02+03:00administrative staff[email protected]Open Journal Systems<p style="direction: ltr;"><strong>(ZANKO Journal of Law and Politics) is a refereed academic semi-annual journal, issued by College of Law and Political Science, Salahaddin University - Erbil.</strong></p> <p style="direction: ltr;"><strong>Online ISSN:3005-396X</strong></p> <p style="direction: ltr;"><strong>Print ISSN:2079-3901</strong></p> <p style="direction: ltr;">DOI:https://doi.org/10.21271/ZJlP</p>https://zancojournal.su.edu.krd/index.php/JLP/article/view/1970The Issue legal basis of civil liability arising from Transboundary Environmental Damage 2024-04-01T13:55:59+03:00azad salih[email protected]<p><strong>The legal basis for civil liability resulting from transboundary environmental pollution damage is one of the important topics that the researcher believes is worthy of study, as it addresses an important issue, which is protecting those affected by transboundary environmental pollution. With the development that the world has witnessed in light of the modern industrial revolution, some issues have emerged. It was not known before, including cross-border environmental pollution, cross-border environmental damage, and civil liability arising from it. Just as cross-border environmental pollution raises great risks to the environment in general and causes heavy damage to people, from here the jurisprudential and judicial trends emerged in the search for the appropriate legal basis. To confront the harms of transboundary environmental pollution, what the prevailing opinion has settled on is the inability of tort liability in The traditional rules regarding the establishment of an environmental civil liability system remain facing the risks of environmental pollution, which appears from the general rules in the amended Iraqi Civil Law No. (40) of 1951, as well as in light of the special rules contained in the Iraqi Federal Law for the Protection and Improvement of the Environment No. (27) of the year 2009, and the Kurdistan Environmental Protection and Improvement Law No. (8) of 2008, and some environmental legislation has decided that the appropriate legal basis for environmental civil liability lies in objective responsibility that suffices with damage without relying on the element of fault, such as Kuwaiti environmental law, but nevertheless It seems that this issue has not yet been resolved, and this is largely due to one reason, which is the special nature of cross-border environmental damage.To deal with cases of cross-border environmental damage, the injured person relies on the rules of civil liability to redress the damage he suffers, and from here a fundamental problem arises, which is the extent to which these rules are compatible with redressing environmental damage if we take into account that cross-border environmental damage represents a modern concept that may not be compatible with the rules of law. Traditional. Hence the importance of the research. In this research, we addressed the problem of the legal basis for civil liability arising from cross-border environmental damage and the elements of that responsibility. We discussed this topic in two sections. In the first section we dealt with the concept of cross-border environmental damage, and in the second section we dealt with the legal basis for civil liability resulting from it. On transboundary environmental pollution and the difficulties surrounding it,Then we reviewed the most important results and recommendations that we reached in this research.</strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساورامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/3022Criminal protection for hermaphrodites within the scope of crimes against morals and public morals -An analytical study-2024-10-27T22:17:02+03:00Massoud Ismaiel[email protected]Vian Faroq[email protected]<p><strong> God Almighty created man into two distinct of human beings, and his sex is determined by what appears from his condition, as it is the basic criterion for determining the sex of man: either a male, which has male sexual and physical organs, or a female, which has female sexual and physical organs, and He distinguished each type with moral and psychological characteristics that distinguish it. About the other. However, the characteristics of both types may be combined in one creature, so we do not associate it with men or with women, as if it had the male organ and the female organ at the same time, or it did not have both organs, so it would be an anomalous creature in comparison between the two genders considered male and female, and this is what jurists call the term (hermaphrodite).</strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2133Ownership of State Lands by Encroachers - An Analytical Study2024-04-23T08:28:50+03:00Dhahir Qader[email protected]Hewa Qadir[email protected]<p> <strong>The Kurdistan legislator, in accordance with the provisions of the law on ownership of encroached lands within municipal boundaries in the Kurdistan Region - Iraq No. (3) of 2019, as amended, granted the infringemener person the right to own the encroached upon land. Thus, the Kurdistan legislator did not take the constitutional protection of public funds into consideration, and in doing so he exceeded the legislative constants that establish criminal liability and civil liability for the infringementer on state lands, leading to his being held accountable for his illegal action. However, the Kurdistan legislator, instead, rewarded the infringementer by granting him the right to own property. Therefore, this study sheds light on the provisions of the law and the extent of its legitimacy from a constitutional standpoint and the extent of Its conflict with legislative constants, as well as evaluating the effectiveness of this method and legislative policy in addressing the phenomenon of encroachment on state lands.</strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2969Artificial Intelligence Data and Ownership Challenges2024-10-20T22:56:49+03:00احمد خلف حسين الدخيل[email protected]<p><strong> </strong><strong>This research sheds light on the content of artificial intelligence data in terms of definition, elements, characteristics, types, and emphasis that it is each of the multiple electronic media that connects from any source to one of the artificial intelligence technologies, and the extent of the possibility of it being a subject of traditional and intellectual property rights, and the jurisprudential opinions in this regard, especially the opinion that It goes to the possibility of applying traditional ownership rules to it, and the opinion that holds that intellectual property rules are the closest to it, and the third opinion that confirms that it is better to adopt collective ownership over it, and then arriving at the conclusion that all of these opinions are inaccurate and the necessity of amending traditional ownership provisions to suit ownership of data. Artificial intelligence, stressing the need for countries to arm themselves with the technologies that enable them to do so.</strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2771Two Bet on Protection and Investment in the Kurdistan Forest Law in Iraq and the Moroccan Forest Property Protection Decree - A Comparative Study-2024-10-05T12:30:36+03:00Hassan EL Kessab[email protected]<p>The research presents a comparison between the Iraqi Kurdistan Forest Law - Law No. 10 of 2012 - and the Law of Preserving the Forestry Property of the Kingdom of Morocco of 1917. It is a horizontal comparison between a law that belongs to the last generation to enact it and another that is considered one of the first environmental legislations. The study attempted to manage this comparison at three levels of the desired protection components, which are legal protection of the forest property, injunctive protection, and then protection of environmental sustainability. The study concluded that there is a complementarity between the two laws, revealed by shortcomings in one of them that are considered strengths in the other. Whether at the level of legal drafting or at the level of legislative effectiveness.</p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2003Challenges of Implementing e-government in Iraq2024-04-03T08:18:05+03:00samer alyaseen[email protected]<p>The goal of the research is determined to know the limits of the application of e-government in Iraq and the technical and legal challenges that it faces or may encounter at the present time and into the future, while explaining ways to overcome these challenges as a way to promote an effective electronic government.</p> <p>On the basis of the descriptive and functional approach, the research axes were distributed into three main sections, the first of which introduces e-government and its goals, while the second deals with the requirements for achieving it and the mechanisms for its implementation in Iraq, leading to the third section that includes the most important technical and legal challenges that obstruct the implementation of the e-government experience in Iraq. At the conclusion of the research, a pivotal result was reached that constitutes the research hypothesis that the most important obstacle to the implementation of e-government in Iraq lies in the absence of the true will and serious planning to follow this path and does not fall in the aspect of the technical and material requirements for its completion. God grants success</p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2047Investing in solar energy to operate private electric generators2024-04-06T09:17:02+03:00Sahar Al-bayatee[email protected]يسرى ابراهیم[email protected]<p><strong>Overcoming the electricity crisis that citizens are supplied with from private generators and facing future challenges represented by providing electricity continuously and comprehensively to all regions of Iraq is achieved by relying on solar energy to operate these generators as a primary source instead of fuel that the state often provides to their owners to help them obtain it at a subsidized price in order to continue operating to meet the citizen's need for electricity to face the strong summer heat that characterizes the Iraqi climate. This achieves many benefits, including protecting the environment from pollution resulting from the use of fuel to operate generators, and preserving human health. It also achieves an economic benefit by saving huge amounts spent by the state to import electricity from abroad, as Iraq enjoys a concentration of solar radiation for long months during the seasons of the year. This energy can be invested by the state negotiating with specialized national or foreign companies. The state participates in this investment by reducing customs duties on importing solar energy strips by generator owners, and the state imports them and sells them to them at a subsidized price, or grants a privilege to private sector companies to invest to achieve a goal, which is to generate electricity for the citizen.</strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2779Protecting biodiversity to ensure future generations' rights2024-10-05T19:16:39+03:00sivan mesrob[email protected]<p><strong>National constitutions adopt the explicit provision at the heart of the constitutional document on the protection of biodiversity as an important and vital necessity. The Constitution's determination of such protection leads to attention to State resources and natural wealth and creates a balanced environment in order to realize the principle of sustainable development, reflecting the idea of preserving the rights of future generations. Some States, including Iraq, have failed to establish a special legal regime guaranteeing special protection of biodiversity in all its aspects. Although this protection is explicitly provided for in the 2005 Constitution, it fails to refer the order regulating such protection to the ordinary legislator under an enacted law, to rely on the 2009 Environmental Protection Act and to address some relevant laws that have not sufficiently highlighted weaknesses and imbalances in Iraq's environmental laws and legislation to provide legislative protection for biodiversity. One of the most important recommendations was the ordinary legislator's call for a law on the protection of biodiversity, which would include all provisions, legal norms relating to the protection of biodiversity components and appropriate methods and mechanisms for the protection of its components through the establishment and care of natural reserves for the conservation of plant and animal natural resources and environmental balance, which would guarantee the rights of future generations. </strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2798The constitutionality of reducing the penalty for perpetrators of honor killings2024-10-08T17:15:29+03:00Adnan Obaid[email protected]Shorsh Omar[email protected]<p><strong>The texts of some legislation grant advantages to men that they do not grant to women, such as granting a man a privilege related to his commission of a crime punishable by law, but the penalty is reduced or he is exempted from it even though the act committed is directed against the woman herself. This is what is achieved when a man kills his wife or one of his female relatives when he surprises her in the act of adultery, which is what is called in legal jurisprudence the crime of honor killing or dishonor. Therefore, our research aims to review some of the legislation that robs women of their rights and grants privileges to men at the expense of their lives or human beings, especially after the emergence of jurisprudential trends and demands that call for granting women their full rights and developing Iraqi legislation in line with those demands.</strong></p> <p><strong> Therefore, the research focused on examining the legislative texts in the amended Iraqi Penal Code No. 111 of 1969, which negatively discriminate against women, and then clarifying the extent of their compatibility with the Constitution of the Republic of Iraq of 2005. Accordingly, we addressed the topic in two sections, the first related to the nature of the crime of honor killing in jurisprudence. The judiciary , Islamic law, and comparative penal legislation, and an explanation of the suitability of the position of the Iraqi criminal legislator with the 2005 Constitution in the second section. At the conclusion of the research, we concluded that the Constitution of the Republic of Iraq of 2005 has a civil identity, and that Article 409 is an unconstitutional text because it violates the principle of equality and women’s right to life. Therefore, individuals affected by the application of this text can file a lawsuit for its unconstitutionality before the Federal Supreme Court.</strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/3019The Criminal responsibility arising from the Artificial Intelligence crimes 2024-10-27T12:36:40+03:00Ary Arif[email protected]<p><strong> The law is mirror of the society and views the reality of the society within it; hence it is crucial that the law. As crimes and criminals evolve, the law shall keep pace with these evolvements and reflects the status of whom are addressed. Worth considering that many legal rules are struggling in adaptation with these evolvements. This is due to of the stupendous development of the fourth industrial revolution in which changes the life in many aspects by depending on artificial intelligence. Thus, it is vital to adopt new rules and amend which are applicable to be compatible with these developments. Alternatively, there will be gaps between the frameworks of the law in theoretical aspect and in it practices which eventually leads to negative practicing that harm the society. Therefore, the rapid development of the technology and artificial intelligence considered one of the pressing matters in the modern society. For this purpose, this research aims to elaborate the criminal responsibility mechanism of the artificial intelligence crimes including individuals and artificial intelligence entity.</strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2772Artificial intelligence technology and its impact on compliance with the rules of international humanitarian law2024-10-05T12:34:30+03:00Hussni Mohamed[email protected]<p><strong>One of the most important features of modern warfare is that an increasing number of weapons have become supported by artificial intelligence technology, which enables them to fight wars on land, sea, and air, and to lead military operations to identify, select, and destroy targets without human intervention. The use of this type of weapon has sparked great controversy among decision makers over the years. The level of the world, experts and legal researchers. They are all concerned that such systems may not operate in accordance with the basic principles of international humanitarian law. This paper will address the main issues raised by artificial intelligence technology systems regarding compliance with the rules of international humanitarian law.</strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/1955LEGITIMACY OF ENFORCING ANNULLED IRAQI LAWS IN THE KURDISTAN REGION: PRIVATE LAWS AS AN EXAMPLE2024-03-31T19:32:00+03:00Rdhwan Salih[email protected]Mohsin Salih[email protected]<p><strong>The Iraqi Permanent Constitution (2005) states that Iraq is a federal state in which the system of government is republican and representative (parliamentary) and recognizes the Kurdistan Region as a federal region. This system has enabled the federal (central) and Kurdistan Region powers to have legislative, executive and judicial authorities. The main function of the Iraqi Council of Representatives (Parliament) is to enact federal laws. Similarly, the Kurdistan Parliament has the right to enact laws and amend federal laws, except on matters within the exclusive authorities of the federal government. The problem of this study lies in the fact that there are several laws previously in force in Iraq, but were later annulled by the Iraqi Council of Representatives through the enactment of new laws; Despite their annulment, due to the pretext of not enacting implementation laws for the new laws, the annulled laws continue to be implemented in the Kurdistan Region. Therefore, the main purpose of this study is to demonstrate the extent of the legitimacy of the Iraqi laws’ applicability that have been annulled by the Iraqi Council of Representatives but are still in force in the Kurdistan Region, as well as presenting some of the private laws related to this issue. This study based on analytical and empirical methods, concludes that the constitutional articles and provisions relevant to the subject of our research lack clarity and fail to entirely resolve this problem. Consequently, in terms of practice, a legal and jurisprudential conflict emerges, wherein the Kurdistan Region legitimizes the applicability of annulled laws, while Iraqi federal authorities deny the legitimacy of them and advocate for the implementation of new laws, deemed more logical and constitutional.</strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2821Transition to Electronic Government The Kurdistan Regional Government - Iraq as a model2024-10-11T13:05:50+03:00Shalaw Abdulrahman[email protected]<p><strong>In a world that is increasingly electronically interconnected and with a wider spread of the Internet, governments have become more employing information and communications technology and the Internet in order to enhance government efficiency and benefit from electronic services by citizens. Therefore, governments must prepare detailed and accurate strategies in order to transform from traditional government to government. To keep pace with these technological developments, the Kurdistan Regional Government of Iraq has prepared an electronic transformation strategy in the region, through which the government has provided many electronic services to citizens, and there are more services under design and to be provided electronically to citizens soon.</strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2073Humanitarian notification and its role in protecting humanitarian Organizations2024-04-15T16:44:12+03:00Hani Omran[email protected]Qasim Hamzah[email protected]<p><strong> </strong><strong> Despite the great vital importance of humanitarian organizations as well as other health facilities such as hospitals; In protecting and assisting civilians in times of armed conflict; They are often attacked and harassed on a regular basis, by multiple armed parties, either intentionally or recklessly, all of which amount to war crimes under international humanitarian law. To avoid such attacks, and because reality necessitates the presence of humanitarian and military parties in one place and one arena; It was necessary to search for a means that could prevent the occurrence of such assaults and attacks on humanitarian agencies, which is known as Humanitarian notification, which is based on the exchange of information, locations, and movements that humanitarian agencies provide with their military counterparts, to prevent and avoid the occurrence of repeated attacks and improve protection for humanitarian organizations, and this is what the report indicated. The Geneva Agreements of 1949, in ensuring the freedom of movement of humanitarian activities and taking all necessary precautions to avoid or reduce losses to humanitarian workers, facilities and equipment, as well as relief supplies. </strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2766Cyber weapons Cyber between effectiveness and Guaranty2024-10-05T11:52:59+03:00Abobakr eldeeb[email protected]<p><strong>We are now standing on the threshold of sixth generation wars, in which the wars of this generation will be conducted with cyber weapons that rely on highly intelligent systems, through robotics technology and autonomous weapons systems, in addition to many innovations that countries are still developing. It also possesses fake programs that contain self-spreading viruses, as well as advanced systems for detecting and exploiting vulnerabilities in enemy websites, as well as digital bombs awaiting orders. In order to sabotage the enemy's electronic infrastructure.</strong></p> <p><strong>After the security of cyberspace became one of the foreign policy priorities of many countries and within their national security strategies, the increasing threats to the security of cyberspace prompted many countries to make strenuous efforts in introducing special legislation to confront cyber threats, including the establishment of a military command to protect cyberspace, as well as About establishing bodies to confront information emergencies, and creating cyber warfare units within armies.</strong></p> <p><strong>This research presents the possibility of applying the rules of international humanitarian law and international human rights law - and the agreements and protocols in their context - to cyber warfare, and we try to monitor the practical extent to which these laws include cyber warfare, and the possibility of humanizing this type of war in the sense of including it within the contents of the law.</strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2768The Anti-Cybercrime Law in the Syrian Arab Republic and the difficulties of implementing it2024-10-05T12:04:48+03:00Asala Kewan[email protected]<p><strong>Despite the great advantages achieved by the information revolution that the entire world is experiencing at all levels and in various areas of contemporary life. On the other hand, this growing technological revolution was accompanied by a number of negative repercussions due to the misuse of this advanced technology and its exploitation to facilitate the commission of many criminal phenomena. Indeed, this technology was exploited to commit new crimes that would not have occurred without this technological revolution.</strong></p> <p><strong>Crime is a social phenomenon linked to humans and has been known since ancient times. Its forms have developed and become complex and its methods and means have diversified with the progress of societies, and with the technological revolution that we are experiencing in the present era, the phenomenon of crime has taken on an international dimension and has become transcontinental and not just countries, which requires reconsidering the internal legislation of each country and keeping up with it. This huge development. In this study, we will briefly attempt to explain the development of Syrian legislation and how it has dealt with the development of the phenomenon of cybercrime, by presenting the cybercrimes introduced in Syrian legislation.</strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/1974Consumer protection against health care service companies2024-04-02T09:59:35+03:00reber Yousif[email protected]<p><strong>The issue of health care is one of the most important matters that occupy this field and those interested in this field, and its impact on various levels, as the right to health is considered one of the basic rights, which is stipulated in international charters, constitutions of countries and their economic and social systems, and health laws came to confirm this right. It establishes some instructions and mechanisms that aim to streamline the issue of modern health care services. First, the state undertakes such tasks and notes on philosophy and philosophy in Iraqi and Kurdistan society, which has resulted in a change in many concepts, the most important of which is giving a role to the private sector in providing health services. It is expected that this will lead to As long as the legal protection patent grants health licenses to receive health services, is it possible to apply protection and apply it without applying health laws if they do not provide protection for the consumer, and then there is an impediment to applying protection requirements in the field of services and maintaining the regulatory record that grants the right to receive health care services? This is what we will try to find out through the research topic.</strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2081A legal reading of the use of tax incentives in the amended Federal Investment Law No. (13) of 2006 and the Kurdistan Region Investment Law No. (4) of 20062024-04-15T21:40:49+03:00shamel sami[email protected]<p><strong>We are not being unfair if we say that granting tax incentives has become a required necessity and an influential and effective factor in stimulating, attracting and encouraging foreign and national investment. It is recognized that the tax policy of countries suffers from several problems. At the forefront are the problems of tax legislation. Despite the abundance of tax exemptions and allowances in the laws and legislation of these countries, they suffer from a scarcity of use of tax incentives, as these tax policies are no longer able to achieve their financial, economic, political and social goals due to adding a new burden to their obstacles, which is in At the same time, it contributes to the failure to apply its tools to all members of society and to achieving tax justice on the one hand, and on the other hand to investors (foreign and national), and since tax incentives are a double-edged sword, if they are misused in an unintentional manner, it will contribute to the decrease in the tax abundance obtained from Tax revenues entering the public treasury, and financial and administrative corruption in the state’s economic facilities will increase. Therefore, tax legislation should take into account the provision within the articles of its investment laws for tax incentive programs in accordance with studied legal mechanisms, and seek to amend Federal Investment Law No. (13) of 2006 AD, amended by Law No. (2) of 2010 AD, and Law No. (50) of 2015 AD, with a new amendment that includes On tax incentives clearly, as well as amending the Investment Law in the Kurdistan Region No. (4) of 2006 AD, which has become one of the old laws that needs fundamental amendments to its legal articles, and its inclusion of tax incentives. </strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2774Contemporary challenges facing international humanitarian law and human rights2024-10-05T12:43:47+03:00Abdelhafid sriti[email protected]<p><strong>International humanitarian law and international human rights law represent a triumph for humanity and a protection for its inalienable rights. However, the gap between these laws and what actually happens on the ground in terms of disruption causes humanity, specifically the peoples of the Global South, to suffer under the scourge of wars and armed conflicts. In these situations, rights associated with the right to life, the right to physical safety, and the right to work are violated.</strong></p> <p><strong>Moreover, the technological and technical developments that have been introduced into the world of wars and armed conflicts have posed new challenges. These developments are now used to cause significant harm to the parties involved in armed conflicts and to civilians.</strong></p> <p><strong>The study concludes that it is necessary to reform the United Nations organization, to activate its role, and to empower it with independence from the dominant powers in the international system. It also highlights the need to develop mechanisms to compel states to respect their commitments without discrimination or favoritism, and to initiate punitive actions against states and groups that violate international humanitarian law and international human rights law.</strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2776Towards Legislative Reform of Exchange Companies - A Study of Egyptian and Iraqi Legislation2024-10-05T13:14:56+03:00Amr Shalqami[email protected]<p><strong>Both Egyptian and Iraqi legislators have regulated the profession of money exchange and foreign exchange dealings, but there are some shortcomings in the legal rules regulating this profession in both Egyptian and Iraqi legislation. Therefore, it is necessary to address the obvious shortcomings and deficiencies in the rules regulating the money exchange profession in order to preserve the national economy of the country and address the legislative shortcomings related to the controls regulating its work and hold it accountable in the event of its breach of its obligations imposed on it by law or agreement. Hence, this study came under the title (Towards a legislative reform for money exchange companies) A study of Egyptian and Iraqi legislation.</strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2109THE LEGISLATIVE POLICY IN THE ONTEXT OF IRAQI COMMERCIAL LAWS2024-04-20T21:59:53+03:00hiwa hussein[email protected]<p><strong>Generally speaking, laws and regulations are more than just rules and principles printed on papers. Every law is made for a specific purpose or a set of purposes determined by the legislator (It would be preferable to use legislature rather than legislator; in English, legislature is frequently used instead of legislator). Indisputably, this holds true for all the laws, regulations and legislations likewise, but this research has opted to take the commercial laws in Iraq as the most striking example of that. Tracing back to the time of the enactment of the 1984 law of commerce no.(30) and the other collateral laws that had been subjected to a specific legislative policy which was in core a state-oriented policy, we can get into the mainstays and pillars of those laws and dissect the legislative idea, philosophy and imprint of those who laid down the rules of those laws. Sticking to the legislative policy would reveal that the research explores the ideas, intellect and philosophy that override the whole law. Moreover, the research would scrutinize the nature of the legislative policy under the current reality of Iraqi economy.</strong></p> <p><strong>The research problem is to weigh and guess how far the legislative policy behind the Iraqi commercial laws is compatible, sufficient and suitable with the current reality of Iraqi economy ,taking into account the new legal trends and advancements in the room of commercial law. </strong></p> <p><strong>In performing the current research paper the researcher has conducted an analytical method as he opts to stick to the Iraqi legal system and just to analyze and explain the legal situation of Iraqi laws and regulations, going far beyond the formality of the relevant provisions and articles, so as to extract the features of the legislative policy latent behind them.</strong></p> <p><strong>The main findings of this research paper can be summarized in some basic points. First of all is the centrality and importance of the legislative policy and its role as an essential part of the commercial laws. Second, the legislative policy varies between the general law of commerce no. (30) of 1984 and other private commercial laws; in the former it is rater a state-oriented policy,whereas in the second it is a market-oriented policy. Third, the positivism, beside the centrality, is the main driving force of the legislative policy for the General law of commerce of 1984. Finally, Iraqi law of commerce of 1984 is marked by shortcoming and insufficiencies, and some other private laws need amendments and change. Finally we have recommended to amend the commercial acts,the sources of commercial law, and some aspects of Iraqi trademark law. In addition to that ae recommended legal revitalization of the private sector.</strong></p> <p><strong>The research has focused on how to set forth the general nature of the laws at issue and how far they could be labeled as a well-developed or underdeveloped law. In addition to that, the research has explored the adaptability of those laws under the rapid and widescale economic and legal developments throughout the world which deeply influenced Iraqi legal system. </strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2775International humanitarian law, human rights and the role of the legislator and the judiciary in addressing contemporary challenges2024-10-05T12:47:13+03:00Yassir Shaaban[email protected]<p><strong>International humanitarian law, also known as the law of armed conflict, is a branch of public international law, as its customary and conventional rules aim to protect victims of armed conflicts. It also aims to protect funds and civilian objects that are not directly related to military operations. It also aims to limit the means and methods of war. And its devastating effects and making it more humane. The rules governing armed conflicts were customary legal rules in the beginning, and then they were transformed into written rules at the beginning of the second half of the nineteenth century following the establishment of the International Committee of the Red Cross in 1863. Since that time, international humanitarian law has witnessed a remarkable development that has led to Ultimately, the four Geneva Conventions of 1949 and their Additional Protocols of 1977 were approved. It should be noted that the rules of international humanitarian law codified in international agreements establish general rules that require states parties to - at the national level - take the necessary measures to ensure their respect and commitment, and also impose Everyone must adhere to them. States parties to these agreements must also take all necessary administrative and legislative measures to enforce them and hold accountable anyone who violates their provisions.</strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2762INFORMATION CRIMES AND INVESTIGATION CHALLENGE COMBATING INFORMATION CRIMES; A MULTIDIMENSIONAL APPROACH TO ADDRESSING INVESTIGATION CHALLENGES IN THE ERA OF DIGITAL ADVANCEMENT2024-10-04T21:34:28+03:00prusha Qalandar Hussein[email protected]<p><strong> In our increasingly digitized world, information crimes have emerged as a significant threat, encompassing a wide range of unlawful activities such as hacking, identity theft, and cyber espionage. This study explores the landscape of information crimes and the challenges faced by investigators in addressing and mitigating these offenses. The first aspect of this study examines the diverse realm of information crimes, providing an overview of the types of offenses that fall under this category. From financial fraud to data breaches, the spectrum of information crimes is vast, posing risks to individuals, businesses, and even nations. Understanding the nature and evolution of these crimes is crucial for developing effective investigation strategies and procedures. The second focus of this study is on the challenges faced by investigators when tackling information crimes. The dynamic and borderless nature of the digital realm presents unique obstacles, including issues related to jurisdiction, attribution, and the rapidly evolving tactics employed by cybercriminals.</strong></p> <p><strong> Additionally, the study sheds light on the technological complexities that investigators face, such as encryption and anonymization tools that perpetrators exploit to conceal their activities. To address these challenges, the study suggests the implementation of multidimensional and collaborative approaches. International cooperation among law enforcement agencies, private sector entities, and cybersecurity experts is emphasized. The study also seeks continuous training and skill development for investigators to stay abreast of technological advancements. In conclusion, this paper tries to underscore the urgency of enhancing global efforts to combat information crimes. By comprehensively understanding the landscape of these offenses and addressing the specific challenges faced by investigators, we can better equip ourselves to safeguard the integrity of information in our interconnected world. </strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2777Legal protection for environment in Iraq (analytical study)2024-10-05T14:37:57+03:00dr.douaa al.mosawi[email protected]<p><strong> The Constitution of the Republic of Iraq, by virtue of 2005, explicitly recognized the protection of the environment and biodiversity, and therefore the state authorities must provide a clean environment to protect it from any danger that threatens it, and indeed the Law No. (27) of 2009 was finalized by law to protect the environment and this law aims to protect the environment, in addition To protect young children and vegetarians from pollution and harm that violates the environment, and also approved penalties for anyone who violates its provisions.</strong></p>2024-11-30T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2764Objectives and constraints of the public-private partnership system in the region of Kurdistan-Iraq "Comparative Analytical Study2024-10-05T10:57:02+03:00Ammar Saleh[email protected]<p><strong>The research deals with the objectives of the public-private partnership system, The legal means used by the Government in the Kurdistan-Iraq region to achieve them, In addition to the Government's obstacles in achieving these goals, whether legal or realistic, and the proposed solutions to overcome the obstacles, Through research, we found that the objectives of the regime did not serve the Government and citizens, and at the end of the research we proposed to the Kurdistan legislator the legislation of the Public-Private Partnership Act, And We recommend that the Government in the Kurdistan-Iraq region address private corporate control over service sectors and transfer them to public companies.</strong></p>2024-12-03T00:00:00+03:00Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری