Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساورامیاری

Naming of computer and Internet crimes

Prof. Dr. Rizgar. M. Kadir, Hawkar Omar Ahmed — Fri, 01 Dec 2023 00:00:00 +0000

After the widespread use of computers and the Internet in various areas of life as two important means to facilitate daily tasks and communications and reduce efforts exerted in business and works and the consequent emergence of the phenomenon of misuse for them, these abuses were referred to by many terms whether by the legal scholars, specialists in this field or legislation that has dealt with this topic.

In order for the legal treatment of any problem to be successful and fruitful, there shall be a common agreement on the most appropriate name for the presented problem, and this applies perfectly to the issue of abuse and illegal uses of the two aforementioned means.

This research focused specifically on the subject of this naming, as many terms were used to express it, and since this research is part of a broader study focusing on the legislative confrontation of these abuses, we had to first address the issue of the term that expresses the phenomenon referred to more than others.

In this research we have studied the used terms separately, which enabled us to find out the most suitable term among them.

Legal regulation of the rights of the visually impaired in the Marrakesh Treaty of 2013 and national laws

Prof. Dr. Hussein T. Faidhallah Faidhallah, Mahdi Maghded Qadr — Fri, 01 Dec 2023 00:00:00 +0000

The Member States of the World Intellectual Property Organization (WIPO) adopted the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, on June 27, 2013 in Marrakesh. The treaty forms part of the body of international copyright treaties administered by WIPO. The Treaty has a clear humanitarian and social development dimension and its main goal is to create a set of mandatory limitations and exceptions for the benefit of the blind, visually impaired, and otherwise print disabled. On this basis, we found it necessary to study the Iraq and Kurdistan laws for copyrights and related rights in line with the provision of the Marrakesh Treaty, so as to evaluate their compatibility with the rules and provisions of the Marrakesh Treaty and their observance of human rights practices, particularly freedom of expression, education, participation in the cultural life of society and scientific progress also to produce concrete legal results by proposing specific legal texts that could be used to develop the existing laws to protect copyright and related rights in Iraq and the Kurdistan region of Iraq in one hand, and to benefit an important segment of society who are people with the special needs, namely the blind, visually impaired and Otherwise Print Disabled, through the adoption of a set of mandatory limitations and exceptions for the benefit of the mentioned target group on the national Iraq and Kurdistan region levels.

Administrative and Judicial Guarantees Regarding the Authority of the Administration to Withdraw and Cancel its Administrative Decisions

Prof. Dr. Abdulmalik Younis Mohammed, Susan Kanaan Hashem — Fri, 01 Dec 2023 00:00:00 +0000

In this research, we have dealt with a thorny topic in administrative law, which is the administrative and judicial guarantees regarding the authority of the administration to withdraw and cancel its administrative decisions, and it is one of the most important areas in which the principle of respect for acquired rights appears clearly, which must be respected according to natural law, otherwise individuals will lose confidence and reassurance in all laws that It is supposed to guarantee their rights and achieve the stability of their positions,

so the constitutions of comparative countries in France and Egypt, as well as the Iraqi constitution, came to confirm this principle, and to prohibit the infringement of acquired rights, including those acquired by employees, because of its retroactive effect, up to the moment of issuance of the illegal administrative decision, as we review the most important

The legal principles that govern these two legal situations, and the latest administrative developments in the field of comparative and Iraqi jurisprudence and jurisprudence, all of this required us to distribute the subject of the research into an introduction and two demands. By withdrawing and canceling its decisions, and we ended the research with a conclusion that included the most important results and suggestions.

The Basis of the Civil Responsibility of the State for Epidemics and Health Disasters

Prof. Dr. Raad Adham Abdulhamed, Sherzad Khudhur Qadir Ahmed — Fri, 01 Dec 2023 00:00:00 +0000

This research sheds light on the extent of the civil state's responsibility for pandemics and health disasters, which have become a significant threat to human life as a whole. In fact, infectious diseases have always posed a great danger to humanity, both in the past and in modern times. They are not just historical events from bygone eras, but a hidden threat in various parts of the world, including those that currently threaten us. The world is constantly and increasingly exposed to different types and forms of infectious diseases, which have always been a real threat to human life due to the significant harm they cause to lives and wealth, as well as the immense social, economic, and psychological problems they give rise to, in addition to their negative impact on a country's resources and natural wealth. Civil responsibility, in general, is represented by the commitment to compensate for damages caused by an individual to others, and regarding the civil responsibility of the state, when the state acquires legal and moral status, it gains rights and assumes obligations, making it subject to the provisions of the law like any other natural persons. Although this idea was not acceptable until the late nineteenth century, as the prevailing general principle at that time dictated that the state was not liable, because it was inconceivable for the state, as the sovereign entity, to commit an error. This was due to the prevailing ideas at that time, which rejected the principle of state responsibility out of fear for the public treasury's interests and concerns about hindering the functioning of public facilities. However, with scientific progress and industrial and technological advancements witnessed by the world, and the multiplication and overlapping of state activities in various aspects of life and on different levels, many new cases of administrative responsibility of the state emerged, particularly in the field of protecting human rights and physical safety, ensuring compensation for victims and those affected without the need for an identified responsible individual. Therefore, determining the state's civil responsibility has become an urgent necessity, especially after traditional foundations have failed to compensate victims and those affected in some cases.

The impact of unfairness on the contractual balance in the amended French Civil Code-A comparative study with the Iraqi civil law and Islamic jurisprudence

Dr.Hozan , Lec.Sondus Ali Abbas — Fri, 01 Dec 2023 00:00:00 +0000

ABSTRACT

Unfairness is the lack of equality between financial performances and the non-achievement of the economic benefit of the contract. The new amendment to the French civil law did not consider unfairness a defect of will, and therefore does not lead to the suspension of the contract’s enforcement on the approval of the other contract, and does not cause the contract to be invalid because it is considered an objective defect, which is the most correct in jurisprudence. Islamic and Iraqi Civil Law, However, contrary to the general rules, the Iraqi legislator arranged in (Article 123) the minor injustice to compensate the other contracting party. (Article 1168) of the amended French Civil Code focused on the result, which is the imbalance between the corresponding payments at the moment of concluding the contract without extending to the causes of this imbalance. Unfairness is a defect of the will, as it causes the relative invalidity of the contract, and it is the ruling on which the most likely opinions are in Islamic jurisprudence. (Article 1131) of the new amendment to the French Civil Code considered that deception alone is a reason for the relative invalidity of the contract, because fraud spoils everything, contrary to what came in Islamic jurisprudence and Iraqi civil law, and that deception alone does not cause the contract to be suspended or not necessary unless If it results in unfairness (i.e. damage). If the exploitation results in injustice, the judge raises the injustice to a reasonable limit, except that the French legislator entails the relative invalidity of the contract, which is the position of Islamic jurisprudence, as the contract is not binding if the exploitation results in injustice. Accordingly, we recommend the Iraqi legislator to regulate the provisions of injustice and exploitation independently of the defects of will and to explain their impact on the contractual balance and how to treat it to restore balance to the contract, and not to arrange compensation for minor injustice in the contract and to cancel the ruling on compensation that he ruled in (Article 123), so there is no justification for imposing it.

The Lawfulness of Space Mining for Commercial Exploitation

Dr. Ali Taha Akrem — Fri, 01 Dec 2023 00:00:00 +0000

Developed countries are now more interested in using and mining outer space for commercial purposes, and have therefore enacted legislation to regulate their activities in this regard. The factor that has prompted the major powers, is the presence of valuable natural resources; thus, they are working to mine those resources and bring them to the Earth. Although it is stated in the international space agreements that “government or private entities cannot possess outer space (such as the moon and other celestial bodies)”, without mentioning these resources. Additionally, outer space must be used for the benefit of all mankind. In recent years, developed countries and private entities have been seeking investment in outer space, but they may face a significant obstacle in terms of the absence of legal protection for property rights and sovereignty problems in outer space. The article is an analytical study that describes the international treaties and national laws regarding the lawfulness of space mining for commercial purposes. The study analyses the legal impact of the lack of sovereignty on the property rights in outer space. The study's main finding is the necessity to amend the international space agreements so that they are harmonious with technological developments and mankind's ambitions, exerting efforts to remove ambiguity in the existing international agreements regarding the commercial exploitation of outer space, as well as to invite countries around the world to draft the texts of the new international outer space agreements or to review existing outer space treaties, in a way that gives an opportunity to the countries of the world to access outer space without discrimination and increases cooperation between them in this regard.

Russia-Ukraine Tensions and the Turn to War: Background, Causes, and Consequences

Prof. Dr. Salih Omar Issa, Asst. Lecturer. Mohammed Ahmed Majeed — Fri, 01 Dec 2023 00:00:00 +0000

Abstract

This research investigates the Ukrainian war as the most significant and effective event of the twenty-first century in Eastern Europe. However، the protection of the Russians in the Donbass region، disarmament of the Ukrainian, and the denazification of the Kiev regime were among the most prominent targets of the Russian special military operation announced on February 24, 2022. The war was expected to be launched in a short period of time, but it has taken an international dimension and divided the world into friendly، hostile and neutral states. This issue has complicated the situation, making it difficult to reach a deal. This study explores issues such as; the historical relationship between Russia and Ukraine, their tensions, and the transition of crises into war.

The intervention policy of the Turkish state in the Middle East after2003in Iraq as a model

Prof. Dr. Sardar Qadr Muhiddeen, Shayma Kamran Yousif — Fri, 01 Dec 2023 00:00:00 +0000

Turkey is an important country in the Middle East, the political link that connects the east, west, north and south of the earth in its position, with its strategic position gives special importance to the Middle East It is constantly trying to expand its hegemony in the region and the world, and for this purpose it is in a fierce conflict with regional states, including the Islamic Republic of Iran, both of which are fighting to increase their hegemony over Iraq. Turkey has used several reasons for its policy of intervention, including despair of EU membership, threats to national security, expanding trade, many crises and problems in Turkey's neighboring countries, the existence of countless chaos in the Middle East, and then culture. Therefore, Turkey's policy of intervention in the Middle East has several characteristics, including special attention to the Middle East in the foreign policy of justice and development, considers itself the heir of the Ottoman Empire, to strengthen regional position. To achieve foreign policy goals, it takes several principles: intervention, bilateral relations, balance, zeroing in on problems, linking freedom and security, multidimensional policies, and the role of work as an axis state in the Middle East.

Kurdistan Region Independence Referendum between Kurdish Determination and US Refusal: reasons and consequences

Assist. Prof. Dr. Nawzad Abdullah shukery — Fri, 01 Dec 2023 00:00:00 +0000

This research attempts to enalaysis the US foregin policy towards Kurdistan region during Trump administration2017-2020. Despite a growing debate within academia, there is still great deal of controversy on what were the key reasons behind KRI decision for holding referendum? More importantly, why do US strongly reject Kurdish effort for independence?

In fact, Violation of Kurdistan Region rights whcich stipulated in constitution by the Iraqi government, Bakhdad policy aimed at undermining the poseton of KRI, The flexible policy which pursued by Turkey and Arab Gulf States towards KRI and the US and its allies support for Kurds in war against ISIS, the expansion of KRI territories, following ISIS incursion into Iraq and capturing Kirkuk and disputed areas, With gaining control over new oil and gas resources in disputed areas and the kurdish leaders policy to establish de facot states all these factors pushed KRI to holds independence refrendum

It was obvious that US did not support Kurdish independence referendum. There were key factors that contributed to such a position from the US. The US administration saw that referendum would disrupt war against ISIS and undermine international collations efforts to defeat ISIS. Further, the US administration was concerns that referendum would undermine security and stability in Iraq and would renew ethnic conflict which would damage US interests in the region. Further, at that time the US policy was to support Haidar Abadi Prime Minister for second terms by believing that Abadi would be able to disarm Shia militias, maintain stability and contain Iran influence in Iraq.

The Impact of Media Legislation on Press regulation processes (Newspapers as case study)

Asst. Prof. Dr. Saman Jalal Mawlood , Sakar Rostam Huseein — Fri, 01 Dec 2023 00:00:00 +0000

Abstract

Media legislation is considered one of the most important forms of media regulation that directly affect the media industry. This research aims to analyze the types and methods of media legislation in a scientific and academic manner, as well as analyze the direction and philosophy of media legislation and their impact on the features of legal texts and articles of media. On the other hand, this research attempts to analyze the concept of media legislation through their types and features in detail. Additionally, illustrate the legal frame of the regulation mechanisms of media outlets through analyses and comparisons among Arab and foreign countries and Kurdistan region of Iraq.

The President and his specialazation in the Perlamantary and federal System in Iraq

Mohammed Omar Mawlood, Jatoo Ismail Majeed — Fri, 01 Dec 2023 00:00:00 +0000

Iraq has chosen the parliamentary system as the political system of government under the 2005 constitution, and the parliamentary system is characterized by the existence 0f two heads of executive power, one of them is the head of the state, weather he is a king or president of republic, and the another he is the prime ministers. And while the position of president of the republic in the parliamentary system is an honorary and protocol position and enjoy some honorary powers, on the other hand, he is not politically responsible, at the same time in this system the prime minister is exercise all the executive authority through the council of ministers, and be politically responsible for his actions. When you read the provisions of the constitution, especially Article(67), superficially and quickly, you think at first glance that the President of the Republic has great and wide powers, but after scrutiny in these provisions especially Article (73) of the constitution, it become clear that his powers are even less than the powers of his peers in other parliamentary systems, and that though he given some powers in the Article (73), but it came with restrictions, so he cannot exercise it on his own. For example, the first paragraph of Article of the constitution provided for granting the President of the Republic the power of issue a special pardon, but his exercise of this power must be preceded by the issuance of a recommendation from the prime minister. And so it is with most other powers, as he cannot exercise them alone, but must be accompanied by an initiative or approval from another side, therefore we not that the role of the President of the Republic in the ongoing political process in Iraq since 2005 is a marginal role. Therefore, he didn’t leave any imprint on the political arena of the country. And despite he being the protector of the constitution, he didn’t lift a finger in the face of the repeated violations to which the constitution is constantly exposed, and in the face of obstructing the implementation much of its Articles.