Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری

The Self-Deprecation Culture and Kurdish Political Mentality A Socio-Psychological Study

2025-11-22T20:13:46+03:00

This research aims to clarify the impact of self-deprecating culture on shaping the Kurdish political mentality, viewing it as a social structure accumulated through a long history of external domination and political transformations. The study adopts a descriptive-analytical methodology by reviewing historical sources, travel accounts, and political narratives, and by analyzing their social implications related to the foundations of political culture in Kurdish society.

The research treats Kurdish society as one with an extended political experience, while the study sample is based on analyzing recurring patterns of political behaviors and public phenomena. Data were collected through the analysis of historical texts and sociological sources in order to uncover the cultural mechanisms that have contributed to shaping political thinking. The findings indicate that informal culture—with its values, attitudes, and beliefs—plays a central role in defining the features of the political mentality. The data also reveal that self-deprecating culture, as a product of prolonged periods of external control, is reflected in political behavior through diminished confidence in self-capabilities, reliance on external powers, weak political initiative, and persistent internal fragmentation, contrasted with greater flexibility toward external actors. The results further highlight the influence of tribal and local structures in reproducing this fragmentation and limiting the potential for forming a unified political project. The study concludes that understanding the Kurdish political mentality requires a deeper analysis of the informal cultural structures that guide the thinking of political actors. The results also emphasize that strengthening self-confidence and reassessing the inherited informal cultural framework are essential steps toward building a more cohesive and proactive political model, thereby supporting the development of an effective national project.Based on the findings, the study presents several technical and practical recommendations aimed at reducing the negative aspects of the current cultural patterns and reinforcing a cultural foundation conducive to a more stable and empowered political awareness.

Stabilization Clauses in the Kurdistan Regional Government’s Petroleum Contracts

2025-12-01T21:21:05+03:00

Petroleum contracts, including those signed by the Kurdistan Region Government (KRG), are typically long-term contracts that involve substantial economic, financial, and legal risks. Given the dynamic political and regulatory environment, it is expected that significant changes may occur during the life of these contracts. Shifts in the KRG’s policies, fiscal regimes, or legal frameworks can have significant impacts on International Petroleum Companies. To mitigate such risks, companies rely on contractual guarantees such as stabilization and renegotiation clauses, which aim to preserve the legal and economic equilibrium of the contract by limiting unilateral changes. This study adopts a qualitive approach to define and categorize stabilization clauses, and examine how these clauses are implemented in the KRG’s petroleum contracts? The findings suggest that both classic (freezing clauses) and modern (economic equilibrium clauses) approaches are employed. While the modern approach of the clauses gives power to the Kurdistan Region Government to modify its legal framework in the Contracts, however, it requires the consent of the contracting companies, thereby providing a degree of investment protection.

The Impact of Congress on the US Foreign Policy in the Middle East between 2001 and 2021

2025-10-07T21:49:05+03:00

This study examines the role and influence of the US Congress on US foreign policy in the Middle East between 2001 and 2021. Congress has a decisive role in directing US foreign policy in the Middle East. Congress has many functions in the U.S. foreign policy. The most important functions of Congress are the power to declare war, the power to approve the appointment of certain high-ranking officials, such as secretaries of state and ambassadors, and the power to approve international agreements made by the executive branch. The US Congress consists of two houses, the House of Representatives and the Senate. Each has a role and influence on US foreign policy to varying degrees. One of the goals of this study is to explain how Congress has influenced US foreign policy in the Middle East. Consequently, under the Constitution Congress, with both houses, the House of Representatives and the Senate, has significant influence over U.S. foreign policy. In addition to being able to influence U.S. foreign policy by passing laws, overseeing, and shaping the executive branch, Congress has significant influence over the U.S. foreign policy in the Middle East through declarations of war, budgetary controls, and state economic sanctions. Also, often Congress has been able to change the way US foreign policy is implemented rather than change US strategy in the Middle East.

The Discourse and Vision of Abd al-Karim Qasim toward the Kurds and Kurdistan (1958–1963) (A Historical – Political Study)

2025-12-06T18:42:55+03:00

This study, entitled "Kurds and Kurdistan in the Speeches of Abd al-Karim Qasim (1958–1963)", is a historical and analytical study that focuses on the relationship between the Kurds and the government of Abd al-Karim Qasim. It analyzes the texts of Qasim’s speeches dedicated to the Kurds and Kurdistan, both before and after the outbreak of the armed conflict between the Kurdish liberation movement and his government in 1961.

The study aims to show how Qasim used his speeches to appeal to the emotions of the Kurds and entice them, in order to evade the implementation of the constitution and deny them their political and national rights within the framework of Iraqi unity.

Finally, the study demonstrates how Qasim accused the Kurdish liberation movement, led by Mulla Mustafa Barzani, of separatism and collaboration with colonialism, to justify his use of violence against the people of Kurdistan and the destruction of opposed to the Kurdish movement.

The Role of Political Parties in the Political and Military Security of the Kurdistan Region (From the Perspective of the Region’s Citizens After 2005)

2025-11-12T23:38:02+03:00

This study aims to analyze the nature of political party participation and its role in achieving military stability, and to examine the impact of political party dominance on the neutrality of security and military institutions and the level of public trust in them.

The study begins with the main question: How have political parties in the Kurdistan Region affected the region's political and military security after 2005? The study is based on the hypothesis that, although political parties contributed to enhancing security and stability after 2005, their interference in security and military institutions weakened governance and reduced public trust.

The research employed a descriptive-analytical approach, including quantitative and qualitative methods, with fieldwork as the primary data collection tool. The sample was drawn from the population of the Kurdistan Region. Political parties prevented the region from developing a national army, and the ruling parties had a negative impact on the spread of armed conflict among civilians. The ruling parties were the most influential, while the secular opposition had the least influence.

The Legal Nature of the Civil Liability of the Veterinarian (A Comparative Study)

2025-12-09T20:04:34+03:00

The veterinary profession is of great importance due to its direct connection with the life and health of a living being, as well as its significant benefits to humans, the environment, and physical and food health. Accordingly, veterinarians are required to achieve the best possible outcomes from their medical interventions in treating sick animals, in addition to providing the necessary guidance to protect animals and preserve their health and productivity. Conversely, the animal owner bears the responsibility of making proper use of veterinary medical services and avoiding their complications or risks. Despite this importance, civil liability for veterinary medical errors has not been regulated by specific legislative provisions in the relevant laws; rather, it remains subject to the general rules of civil liability. The study shows that the relevant Iraqi and Kurdistan legislations have adopted the application of tortious liability, on the basis that such liability arises from the breach of legal obligations. As for the Egyptian legislation examined for comparative purposes, it adopts tortious liability in the absence of an agreement between the veterinarian and the animal owner. In contrast, modern legal doctrine and contemporary comparative legislations—such as the relevant UAE legislation—have adopted the rules of contractual liability, as such liability arises from the veterinarian’s breach of contractual obligations. Consequently, doctrinal and judicial approaches have differed according to the variations among these legislations. On this basis, the study is divided into two main chapters. The first chapter addresses the concept of civil liability in two sections, while the second chapter examines the type of civil liability, also in two sections. The study concludes with a number of findings and recommendations, the most significant finding being the absence of specific legislative provisions in Iraqi legislation and the comparative legislations regulating the liability of veterinarians, with the exception of the relevant UAE legislation. Among the recommendations is the necessity to amend Chapter Four of the Iraqi Veterinary Syndicate Law and Chapter Three of its Kurdistan counterpart, in order to provide more effective protection for animals and their owners, and to ensure the right of both parties to legal accountability and compensation where justified. This is followed by a list of the most important sources and references relied upon.

The Impact of Flexible Law on the Development of Private International Law Rules

2025-12-06T19:55:34+03:00

Soft law is an advanced phase of law, consisting of rules for specific international relations that no central authority establishes, interprets, or enforces. Rather, they are the products of international institutions, and these rules are applied by international arbitral tribunals. Soft law is found in the following: international business customs, legal principles, model law, model contracts, and principles of the Universal Declaration and human rights instruments (human rights conventions(. Of course, it is appropriate in this paper to illustrate the nature of soft law, which is a legal system independent of state authority, that is, informal, and the application of soft law depends on the will of individuals. This study concludes that soft law has not been enacted by any official institution، has no binding force، and that soft law has arisen from the needs of international trade and plays a resolving role in disputes related to international trade.

Internal Security Challenges of the Kurdistan Region-Iraq (2005–2025) within the Framework of the Copenhagen School of Security

2025-11-11T00:51:51+03:00

The security of the Kurdistan Region after 2003 and the fall of the former regime has faced several security threats, which in this research, within the framework of the Copenhagen School, we attempt to analyze the internal security threats to the Kurdistan Region. The aim of this research is to examine the security issues and aspects of the Kurdistan Region, as well as to answer the question: from the perspective of the Copenhagen School, what are the main threats to the security of the Kurdistan Region? And what kind of threat does it pose to the region's security? In another part of this research, we present a theoretical framework for analyzing national security and the impact of conflicts and disputes among political forces participating in power on each of the sectors (political, economic, military, societal, environmental) according to the Copenhagen School. Finally, the research reaches several conclusions: that partisan and political arm conflicts, the lack of a sound economy in terms of diversifying revenue sources and sole reliance on oil sales, the partisan division of military and security forces, as well as issues of identity, narcotics, migration, and in the field of environmental security, environmental pollution, water issues, and management methods - the function and interaction of these aspects cause the securitization of issues and place the security of the Kurdistan Region under threat. In this research, the content analysis method has been used, and for data collection, information has been drawn from scientific sources, academic institutions, the internet, and scientific journals.

Rehabilitation of Banks as a Means of Protecting Cash Bank Deposits (A Comparative Study)

2025-12-03T19:27:29+03:00

Banking institutions often face administrative and financial difficulties during the course of their operations, which may weaken their performance and consequently expose depositors’ funds to risk. With the increase of such problems and challenges that lead to the distress of banks, the need arises to rehabilitate them through developing policies and procedures that enable them to restore their ability to meet their obligations, especially toward depositors who constitute the fundamental pillar of trust in the banking system.

This research shows that the objective of the rehabilitation system is to revive the distressed institution and ensure its continuity in conducting its activities by a decision of the competent authority—usually the central bank. It also becomes clear that the success of the rehabilitation process is not limited to rescuing the bank itself, but extends to protecting bank deposits and maintaining the stability of the financial and banking system. Moreover, bank rehabilitation constitutes both a preventive and corrective tool that contributes to achieving a balance between protecting depositors’ funds and ensuring the stability of the banking sector, provided that it is implemented within a clear legal framework.

We reached these conclusions by explaining the concept of banking rehabilitation and the mechanisms for preparing a rehabilitation plan on the one hand, and on the other hand by presenting the means of bank rehabilitation, which include establishing a bridge bank, bank mergers, and financing through increasing the bank’s authorized capital. The research concludes that rehabilitation—also referred to as reorganization or restructuring—is a system that can be resorted to as a special support tool exclusively for distressed banks, unlike other financial and commercial institutions, through various methods that distinguish it from bankruptcy systems governed by bankruptcy and composition laws.

Finally, the research concludes that the Iraqi legislator must intervene by introducing specific provisions in the Iraqi Banking Law related to early intervention in banks’ conditions before appointing a conservator, especially when early signs of financial difficulty appear that may lead the bank to cease fulfilling its financial obligations

The Political Implications of the Referendum on the Status of the Kurdistan Region

2025-12-05T23:05:10+03:00

Due to the weakening of relations between the Kurdistan Region and the federal government, the Kurdistan Region was compelled to hold a referendum. For the first time in history, an independence referendum was held in Southern Kurdistan in 2017 as an attempt to achieve independence and to overcome the crises facing the Region. This referendum constituted a political and strategic step and, as such, resulted in significant political consequences concerning the status of the Kurdistan Region.

The significance of this research lies in its attempt to investigate a crucial political issue whose consequences for regional political dynamics are clearly evident. The study aims to examine these consequences by linking the political developments that followed the referendum to the consequences of the referendum itself as a strategic step taken by the Kurdistan Region.

This study addresses the following question: How did the referendum impact the political status of the Kurdistan Region? To answer this question, the study hypothesizes that the referendum’s consequences had a significant impact on the Kurdistan Region’s status in political, security, and economic terms.

Following the referendum process, several events emerged as reactions to this political and democratic step. However, a gap exists in the literature regarding how these events and developments can be systematically linked to the consequences of the referendum and their implications for the Kurdistan Region’s status. To address this problem, the study employs a descriptive-analytical method to clarify the referendum process and analyze its consequences. In this context, the research draws on Constructivist theory.

The main conclusions of the study indicate that the consequences of the referendum manifested at three levels. Domestically, it disrupted national unity. Regionally, despite their internal conflicts, regional states maintained a consistent stance toward the Kurds, which encouraged them to seek coordination to prevent the independence of the Kurdistan Region. Internationally, a double standard was evident in the policies of various states, revealing that existing partnerships between the Kurds and other countries were driven primarily by self-interest and could not be relied upon in the absence of such interests.

Trading in Futures Contracts on the Stock Market under Iraqi Law (A Comparative Study)

2026-01-12T22:30:29+03:00

This research examines futures trading in the stock market as one of the most important modern financial derivatives instruments, and its role in managing price volatility risks. The researcher clarifies its legal nature and the mechanisms for its formation and settlement, while also explaining its use for hedging and speculation. The research highlights the problem of the lack of clear legislative regulation of futures contracts in Iraqi law, and the resulting legal vacuum that affects the protection of traders and market efficiency. It also compares Iraqi regulation with Egyptian, Emirati, and American legislation, which has established more precise rules for regulating trading, supervision, and oversight. The research employs a comparative analytical approach and concludes with the necessity of developing a comprehensive legislative framework that balances encouraging investment with protecting investors and enhancing confidence in the financial market.

Civil Liability of Banks in Issuing and Using Bank Cards

2025-12-03T16:54:47+03:00

recent years, the Kurdistan Region has witnessed notable progress in the realm of electronic transactions. Banking cards, as a facet of the electronic system, have experienced continuous development. The Region is now entering the foundational phase of an electronic exchange and currency system, exemplified by the comprehensive implementation of electronic salary disbursement for employees, who withdraw their funds from Automated Teller Machines (ATMs) using their banking cards.

The issuance of a bank card necessitates the conclusion of a contract to regulate the relationship between the bank, in its capacity as the card issuer, and the card users, referred to as cardholders. This contractual relationship establishes beyond doubt that responsibilities are incumbent upon the parties, just as it grants them rights. Consequently, we seek to meticulously analyze the civil liability of banks during the process of issuing bank cards and their handling by cardholders, and to explore the implementation of an advanced banking card system that avoids replicating the very errors other nations encountered during the initial establishment of their banking card systems.

In conclusion, we arrive at a set of findings, among which is that the lawful use of a bank card necessitates the fulfillment of the following conditions: The cards must be used by their legitimate owner; they must be authentic and not counterfeit or altered; they must be used within their validity period and prescribed limits; if the owner wishes to exceed the limit, the merchant must obtain authorization from the issuing authority; and their use must be within the framework of the purpose for which they were created, namely to facilitate the process of purchasing or providing a service. The violation of any of these conditions constitutes unlawful use.