Embedded Files
TCA and the post-Brexit Trade in Goods Between the UK and the EU: Time for a Reset?
Dr. Pavel Repyeuski
Leeds Beckett University, Leeds Law School, UK
P.Repyeuski@leedsbeckett.ac.uk
Abstract
After 47 years of membership, in the June 2016 referendum, the United Kingdom voted to exit the European Union, and on 31st January 2020 the UK has left the EU. As a result, the free movement of goods regime between the UK and the EU ceased to exist. Leaving without a trade deal could have had devastating consequences for both sides. Finalised on Christmas Eve 2020, having entered into force after just one day of debate in the UK Parliament, the UK-EU Trade and Cooperation Agreement (TCA) have set hopes high aiming to prevent distortion of trade. However, four years since the Agreement, the trade in goods between the UK and the EU is far from being smooth. Despite the zero-tariff zero-quota rules introduced by the TCA, a considerable level of red tape, non-tariff barriers, customs controls and enhanced paperwork for the traders have all had a negative effect on trade. With the TCA up for review in 2026, is it time for a reset and to enhance the UK’s relationship with Europe through an improved trade deal? Drawing upon academic commentary, this article discusses the post-Brexit rules on trade in goods between the UK and the European Union as introduced by the TCA. It examines how the trade in goods regime has changed following the UK’s departure from the EU, analyses the status quo and ongoing trends, outlines existing issues and difficulties, and considers the possible future developments and cooperation in this field.
Keywords: Brexit; TCA; trade in goods; UK-EU relations.
Data Protection in Iraq: Limitations of Existing Laws Amid the Tech Wave
Sanar Shareef Ali
1A PhD student at Karoli Gaspar University of the Reformed Church in Hungary, Doctoral School of Law and Political Science
2 Assistant lecturer, Soran University
sanarshareef@gmail.com. sanar.ali@soran.edu.iq
Abstract
As technology advances, data protection has become a critical concern, extending beyond privacy to encompass state sovereignty, security, and economic interests. By July 2024, over 120 countries had enacted data protection laws, highlighting the inadequacy of traditional provisions in the digital age. However, Iraq lacks comprehensive legislation in this area, relying instead on scattered provisions within the 2005 Constitution, the 1969 Penal Code, and other laws. The absence of binding universal rules has significantly exacerbated this issue. This article examines Iraq’s current privacy-related laws, identifies their shortcomings, and proposes legal reforms to address the evolving challenges posed by technology and data protection.
Keywords: Data protection, international law, privacy
The Impact of Artificial Intelligence on International Commercial Arbitration
Sanarya Omed Mohamad 1, Assist. Prof. Dr. Bzhar Abdullah Ahmed2
1 Soran University, Faculty of Law, Political Science and Management, Law Department, Email: som267@law.soran.edu.iq.
2 Soran University, Faculty of Law, Political Science and Management, Law Department, Email: bzhar.ahmed@soran.edu.iq.
*This research is derived from a master's thesis at the Department of Law, Faculty of Law, Political Science, and Management, Soran University
Abstract
Abstract
This study examines the Impact of AI on International Commercial Arbitration. It highlights the implications of AI in resolving cross-border commercial disputes between parties to transactions through arbitration. This study relies on the qualitative approach, analytical methods to achieve the objectives of this study. It focuses on the analysis, evaluation and review of previous literature and critically examines the challenges and issues that arise in this process. The continuous development of new technologies presents many new challenges related to how to integrate the use of AI to manage the arbitration process. To determine whether the existing legislative framework is adequately broad to comprise AI in arbitration, this study examines international agreements, some national laws and arbitration conventions, such as UNCITRAL, and the New York Convention1958. It was found that there are different attitudes about replacing human arbitration with AI arbitration. Further, with respect to the recognition and enforcement of foreign arbitral awards rendered by AI they may be valid and enforceable to the same level as domestic awards, although they may face several challenges such as public policy issue. To make sure that international commercial arbitration remains effective amidst the rapid development of AI, it is vital to expand the current legal framework. This could be accomplished by modernizing existing legal provisions or introducing new provisions precisely addressing AI applications.
Keywords: AI, international commercial arbitration, AI arbitrator, New York Convention, UNICITRAL Model law.
Legal Frameworks for Addressing Gender-Based Violence in East Africa: Progress and Gaps
First Author1, Dr. Samina khan
Assistant professor.
Second Author2 Dr. Ahmed F. Idle
Assistant Professor
1Affiliation one Amoud University Hargeisa Somaliland.
Email: saminakhan@amoud.edu.so
2Affiliation Two; University of Hargeisa. Hargeisa Somaliland.
Email: dr.ahmed.sgs@uoh.edu.so
Abstract
Gender-based violence (GBV) remains a critical issue in East Africa despite existing legal frameworks. This study compares GBV laws in Kenya, Uganda, Tanzania, and Rwanda, highlighting enforcement gaps, judicial inefficiencies, and socio-cultural barriers. While Rwanda’s specialized GBV courts demonstrate success, other nations struggle with weak enforcement and corruption. The study calls for standardized GBV laws, improved survivor support, and stronger institutional reforms. Using qualitative and quantitative analysis, the research provides policy recommendations to enhance GBV legal protections. Addressing these legal and systemic gaps is crucial for achieving justice and safeguarding vulnerable populations.
Keywords: Gender-Based Violence (GBV) Laws, Legal Frameworks in East Africa, GBV Law Enforcement, Survivor Protection and Justice, Judicial Reforms, International Human Rights.
Blockchain-Based Limited Liability Companies
A New Tool or a False Innovation
A Comparative Analytical Study
Dr. Mohamed Ali Ahmed Mohamed El-Erian
Assistant Professor of Commercial and Maritime Law
Faculty of Law - Abu Dhabi University
Email: Mohamed.mohamed@adu.ac.ae
Abstract:
If limited liability companies were widely spread in the 1990s, limited liability companies based on blockchain technology have witnessed tremendous growth in the past two years due to digital globalization. These companies adopt decentralized autonomous organizations, known as DAOs, which operate on the blockchain platform through smart contracts and decentralization of control.
Despite the many advantages of these companies, they face many legal challenges and regulatory risks. What increases the importance of this study is that the laws of commercial companies in the countries of Iraq (Kurdistan Region) and the United Arab Emirates do not include any regulatory rules in this regard, which raises the question of what are these newly created companies? What are the similarities and differences between them and traditional companies? What are their legal provisions? Should they be adopted within the legislative system or not? In other words, are the decentralized autonomous organizations that belong to these companies capable of displacing traditional organizational structures?
In this study, we will highlight to what extent limited liability companies based on blockchain technology can be considered a new form of commercial companies or whether it is just a false idea confined to a narrow scope.
Keywords: Companies - Limited Liability - Blockchain - Smart Contracts - Autonomous Organizations - Decentralization.
The Impact of Good Governance on Determining the International Position of the Kurdistan Region
The Impact of Good Governance on Determining the International Position of the Kurdistan Region
Ms. Chiman Omer Salih and 2. Dr. Yadgar Kamal Ahmmad
1-Council of Ministers
2- University of Kurdistan-hawler
Abstract
Abstract
This article explores the impact of good governance on the international legitimacy and sustainability of the Kurdistan Region of Iraq (KRI). It addresses the challenges and opportunities in adopting governance standards and how these influence KRI's standing for its internal and external affairs. Using qualitative methods like document analysis and interviews, the article identifies key success factors since 1991, highlighting the support from international powers, particularly the United States. The main argument is that the KRI must polarize international support through applying good governance principles and improving crucial sectors such as security, politics, and socio-economics to meet global standards.
Keywords: Good Governance, KRI, Security, Politics, International Standards, Socio-economy
Balancing AI and Judicial Conviction in Criminal Evidence
Prof.D.Majeed Khedher Ahmed 1 *, D.Govend Jutiar Muhammed 2 ,
Hawsar Kamal Mustafa3 Abdulhady Abas Abdulla 4
Soran University, Soran-Iraq1 *
Soran University, Soran-Iraq1
Soran University, Soran-Iraq1
University of Kurdistan, Erbil - Iraq,2
E-mail: majeed.khedher@soran.edu.iq 1 * govand.mohammad@soran.edu.iq 2 ,
hawsar.mostafa@soran.edu.iq 3 Abdulhady.abas@ukh.edu.krd 4
Abstract
The aim of this study is to keep pace with the rapid progress in the field of technology, many sectors have begun to accept artificial intelligence and its various applications, to save effort and time, and striving to obtain more accurate results. One of these sectors that use artificial intelligence is the judiciary in the field of criminal evidence, as these technologies are used in criminal justice, especially in the field of detecting and tracking crimes and accelerating the identification of their perpetrators through complex algorithmic systems that can identify the accused who committed the crime after feeding them with information.
Use of artificial intelligence in criminal justice raises problems related to the validity of its results in building the judge's conviction, and this requires the development of legal legislation regulating its practical applications and keeping pace with its developments. This research aims to demonstrate the extent to which these technologies can be used in the field of criminal evidence and the crystallization of the judge's conviction: in terms of their nature and legal validity. Based on this, legal systems and criminal justice institutions must prepare themselves to confront the rapid changes and developments caused by artificial intelligence and be able to confront it and benefit from it in improving criminal justice systems
Keywords: Criminal evidence, Artificial intelligence, Judicial conviction.
The legal value of the forensic doctor's report on the criminal sentence
(analytical study)
Dr. Halgord Azizkhan Ahmad1, Dr. Dilman Azad Hassan2
1Competence of the philosophy of criminal law Akre University for Applied Sciences
Halgord.azizkhan@auas.edu.krd
2 Forensic Medicine at the Faculty of Medicine Erbil Medical University
dilmanazad@gmail.com
Abstract
The forensic doctor's report is an essential instrument in the criminal justice system because it offers precise scientific information that contributes to the formation of just judicial decisions. Nevertheless, it must be handled with caution to ensure that it is not relied on in its entirety without taking into account other evidence that is available. When it comes to providing scientific evidence that might have an impact on judicial judgments, the report of the forensic doctor is an essential piece of legal evidence that is used in the courts. In most cases, the report of the forensic doctor will contain information regarding the cause of death, an analysis of injuries, an evaluation of the degree of incapacity, and other medical estimates that will assist the court in comprehending the facts and making choices. Such reports are regarded official papers that help to the attainment of justice and the preservation of the integrity of society. The forensic doctor is required to be unbiased and independent, as well as to comply to the standards of medical ethics and the laws that govern the local legal system.
Keywords: (forensic doctor's report, Forensic Medicine, forensic medicine, scientific evidence, forensic evidence).
The effects of digital currency in supporting terrorist crimes
Dr. OMED SAEED KHUDHUR, Soran University, Faculty of Law, Political Sciences and Management
omed.khizir@soran.edu.iq
HAWAR ESSA MOHAMMED ALI, Soran University, Faculty of Law, Political Sciences and Management
101238188035@soran.edu.iq
Yousif Qader Hamad, Soran University, Faculty of Law, Political Sciences and Management
Yousefkhelani228@gmail.com
Abstract
The rapid technological development nowadays, and digital currencies have emerged as one of the most important global financial innovations. These currencies, such as Bitcoin, Ethereum, and Litecoin, represent a decentralized financial system based on blockchain technology (encryption), which ensures confidentiality and security. These currencies offer many benefits, such as quick transfer, low costs, privacy, and other advantages. However, they have been misused by terrorist groups as a means of financing terrorism and money laundering.
Whereas the international community has attempted to enact legislation to combat this dangerous problem and called on its members to cooperate effectively to stop it and address its causes. Although Kurdistan Region of Iraq and continues have been exposed to the risks of terrorist crimes of all kinds, resulting in severe and destroy the lives and property of the citizens of the region. The Kurdistan government has considered the crime of financial terrorism a crime punishable upon its commission, but has not regulated the crime of money laundering. Terrorist organizations exploit the relatively new banking system in Iraq, as well as political and security instability, which provides easier opportunities for money transferring and weak observation of financial flows. Therefore, it is important to issue specific legislation to fight this serious problem, taking into account the Iraqi constitution and international standards that guarantee the protection of rights and freedoms.
Keywords: Cryptocurrencies, Terrorist Crimes, Organized Crime, Electronic Money
Social Peace through Law in Kirkuk
Dr. Adnan Shwan
Ministry of Justice, KRG
Abstract
In the 1960s, attempts were made to change the demographic composition of Kirkuk, and its indigenous was forcibly displaced and replaced by others. Among these policies was the seizure of agricultural lands, belonging to the two communities (Kurdish and Turkmen), and then distributing them to individuals from the Arab community. The Baath regime of Iraq seized the lands through two types of decisions (decisions of the Revolutionary Command Council (RCCD) and decisions of the Northern Affairs Committee (NACD). These decisions have the force of laws, so cancelling these decisions requires the intervention of the legislative authority and the issuance of laws to cancel them. Therefore, now, the Iraqi parliament has recently passed a law to repeal the decisions of the former RCCD. Through the use of qualitative method, this study attempts to answer this question whether the law to cancel the decisions of the RCCD will work to consolidate social peace in Kirkuk?
Keywords: Law, Kirkuk, Social Peace, Communities, Coexistence
Locating Forum Shopping in Land Dispute Settlement among Farmers in the City Outskirts of Addis Ababa: Utilizing Customary Mediation Model and Game Theory
Elias Gudissa Kebede1, Associate Professor Dr. Getaneh Mehari 2, Professor Dr. Tadesse Berisso3
1 Ph.D. candidate in Addis Ababa University at the Department of Social Anthropology, Email: elias.gudissa@aau.edu.et.
2 principal advisor Associate Professor at Addis Ababa University, Email: tadesse.berisso@aau.edu.et.
3 Co-advisor Professor of Anthropology at Addis Ababa University, Email: tadesse.berisso@aau.edu.et,.
Abstract
Land disputes settlement involve “forum shopping”, where individuals strategically choose between customary and formal justice system they believe will favor them. This study aims to investigate, land disputants choice of justice institutions and the motivations behind. Employing ethnography and court case review as research design. Data collected from 92 informants and 156 court cases. Findings reveal preference for customary mediation model, particularly among those sharing common cultural values. Game theory provides a framework for analyzing the strategic interactions among land disputants and help to identify players, strategies, and payoffs during settlement and an insight drawn for improving the justice system.
Key words: Forum shopping; Land Dispute Settlement; Customary Mediation Model; Game theory; City Outskirt Areas
The Role of Legal Certainty in Achieving Sustainable Development Goals in International Law
Dr. Fathi Zero Zeroo1, A.L. Khosro Aziz Aziz2
1 Soran University / Faculty of Law, Political Sciences and Management / Department of Law.
Email: fathi.ziro@soran.edu.iq
2 Soran University / Faculty of Law, Political Sciences and Management / Department of Law.
Email: Xosro.aziz@soran.edu.iq
Abstract
This article examines the legal certainty in international law, which refers to clarity, stability, predictability, consistency, accessibility, and non-retroactivity of international legal rules, in relation to Sustainable development which identifies a form of progress that meet the need of present generation without compromising the ability of future generations to meet their needs, which encompasses the interplay between legal certainty and economic growth, environmental protection and social inclusion, for this purpose, analytical research method is employed. Finally, we concluded that the legal certainty in international rules plays a crucial role in achieving sustainable development goals.
Keywords: Legal certainty, Sustainable Development, and International Law.
Legal Obstacles to Water Harvesting in the Kurdistan Region of Iraq and Their Legislative Treatment:
A Legal Geography Study
Prof. Dr. Hewa Ibrahim Al-Haidary1, Assist. Prof. Hadeia Mohammed Ahmed2
1 Consultant at Shura Council – Kurdistan Region/ Salahaddin University – Erbil
2 Salahaddin University – Erbil
Abstract
This study addresses the legal obstacles facing water harvesting projects in the Kurdistan Region of Iraq from a legal-geographical perspective, considering the Water Management and Protection Law provisions in the Kurdistan Region No. 4 of 2022 and other applicable laws. Due to climate change indicators and the scarcity of water resources caused by decreased precipitation, rising temperatures, and the misuse of water resources, attention has shifted toward methods for renewing and developing water resources, with water harvesting being one of the most prominent. Despite the significant importance of this technique in ensuring water security in the Kurdistan Region, it has not received adequate attention from the relevant authorities. The study concluded that the absence of a specific law on water harvesting and the inadequacy of existing water resource laws are among the primary legal obstacles to implementing water harvesting in the Kurdistan Region. Therefore, the study recommends legislative reform in water resource laws, encouraging investment in water harvesting projects, and activating the Water Council in the Kurdistan Region to fulfil its intended objectives.
Keywords: Water harvesting, water resources, water legislation, legal obstacles, Kurdistan Region – Iraq
The scope of the Constitutional Court's authority to Overrule its judicial Precedents
(Iraqi federal supreme court as a case study)
Lecture: Ibrahim Mohammed haji
Department of Law, College of humanities, Raparin University, (Ranyia) Sulaymaniyah, Kurdistan Region, Iraq
ibrahim.mohammad@uor.edu.krd
Abstract
This research deals with the principle of overruling the judicial precedents, whereby, according to this principle, the Constitutional Courts issue a new judicial decision or ruling that includes an explicit and clear change to a legal principle that it had decided in a previous decision without amending the constitutional and legal rules that were the basis for issuing the decision. The constitutional court resorts to it as a judicial mechanism whenever necessary in order to adapt the decision to the prevailing circumstances and developments of society to achieve the highest interest, or the constitutional court resorts to it as the only way to correct its previous decisions that are tainted with defects. This research also deals with the concept, meaning and elements of this principle and the justifications for its application, and then explains its conflict with the principle of legal security and the stability of the legal positions of individuals. This research also deals with the judicial applications of the Federal Supreme Court in Iraq in this regard and explains the problems facing the Federal Court when applying this principle.
Keywords: overruling, Supreme Court, binding force, legal security, judicial precedents.
Criminal Liability for Crimes Committed by Artificial Intelligence Devices (Robots)
Raghdaa Raed Abdul Razzaq Al-Haddad1, Jamal Jalal Mustafa2, Mohammed Faris Ali3
1 University of Nahrain - College of Medicine, Email: rar91195@gmail.com.
2 Soran University, Faculty of Law, political Science and Management, Law Department, Email: jamal.mustafa@soran.edu.iq.
3 Kurdistan Bar Association, Lawyer, Email: farshama98@gmail.com.
Abstract
Abstract
With the rapid development of artificial intelligence and robotics technology, robots have become integral to our daily lives, serving both practical and ideological purposes. Individuals and institutions utilize them to achieve various objectives, and their growing presence across multiple sectors underscores their importance in delivering essential services to humanity. However, alongside these benefits, robots also pose significant risks due to their extensive applications in areas such as the military, education, humanitarian aid, security, and law enforcement. In these contexts, robots may make mistakes that harm those interacting with them, necessitating a legal framework that aligns with these new realities and reexamines the criminal liability of robots in light of technological advancements. The nature of crimes committed by robots varies according to their technical capabilities, encompassing offenses against individuals:roperty, and more. Accordingly, our research will explore the extent to which robots can be held accountable for crimes they commit autonomously, without human intervention.
Keywords: Artificial intelligence, robotics, artificial perception, criminal liability of robots, electronic personality.
International Strategies for Tackling Transnational Organized Crime:
Challenges & Aspirations
Dr. Khansaa Mohammed Jasim 1
1 Ph.D. Professor of Public International Law، Associate Dean at the College of Law, American University of Baghdad, Iraq
Email: khansaa.jasim@auib.edu.iq
Abstract
Organized crime is an obstacle that erodes the progress of peace and security to achieve the Sustainable Development Goals. The exploitation of the development of modern means of criminal networks also plays a vital role. Organized crime is considered a serious crime that poses a serious challenge to criminal justice agencies in many countries worldwide. United Nations implemented a (UNTOC).
In this research, it is contended that the legal international rules, whether they’re conventional or norms, cover the rapidly changing nature of TOC and the growing developments intertwining between organized crime and the areas significantly influenced by the operations and impacts like terrorism, along with corruption, conflict, public health issues, and global finance.
Keywords: organized crime, UN convention against transnational organized crime, international cooperation, United Nations (UN)
Criminalizing data breaches in Iraq and KRI: Proposing Legal solutions
Dr. Mahdi Nooruldeen
Bayan University
Abstract:
As our world becomes more digitized, the connection between law, security, and data privacy has become a significant concern. Criminals are using digital technology for committing crimes. This paper investigates the developing landscape of legal security and data privacy and electronic crimes. It covers the impact of developing technologies on the privacy of individuals and society, the developing regulations of digital law and international agreements related to the future of data crimes and privacy protection, the requirements of practical legal strategies, and measures to protect privacy and prevent illegal digital actions. It also studies the ethical and criminal use of data privacy. Furthermore, data breaches and privacy violations are occurring daily. This paper also provides suitable solutions and best practices that describe the future of legal security and data privacy. As the nature of crimes changes, law, and digital regulations must be ready for this new challenge. Criminals are using the digital era illegally to obtain private interests, which is why European Governments and UK police and authorities take necessary steps to protect individual and public sector data privacy. This work will provide a law proposal for criminalizing data breach.
Keywords: Data Breach, Criminal Law, Privacy Violations, Digital Age, Cybersecurity.
Modernizing Civil Liability Rules for Damages Arising from AI-Generated Works
Mohammed Razzaq Ali1, Assist. Prof. Dr. Bzhar Abdullah Ahmed2
1 Soran University, Faculty of Law, Political Science and Management, Law Department
Email: 101238197013@law.soran.edu.iq
2 Soran University, Faculty of Law, Political Science and Management, Law Department
Email: bzhar.ahmed@soran.edu.iq
*This research is derived from a master's thesis at the Department of Law, Faculty of Law, Political Science, and Management, Soran University
Abstract
Abstract
The research, titled “Modernizing Civil Liability Rules for Damages Arising from AI-Generated Works,” investigates the substantial effects of Gen-AI on traditional civil liability frameworks. The autonomous and unpredictable nature of AI challenges existing liability doctrines, making it difficult to attribute fault and establish causation. Given that present legal structures face challenges in handling these issues, the modernization of civil liability rules becomes essential. To accomplish this, the research utilizes a comparative analytical methodology, thoroughly assessing legal codes, precedents, and scholarly arguments. This methodology helps determine the effectiveness of present liability law, identify legal gaps, and propose reforms tailored to AI-related damages. By comparing various jurisdictions, particularly the European Union and Iraq, the research highlights best practices that may contribute to legal advancements. The study reveals multiple key findings including, traditional liability doctrines, such as fault-based and strict liability, are inadequate for addressing AI-related damage, due to AI’s evolving nature and the opacity of its decision-making processes, commonly known as the "black box" problem. These factors create substantial evidentiary challenges for victims seeking compensation. Additionally, while the EU has enacted new regulations, including the AI Act and the amended Product Liability Directive, to manage these challenges, Iraq’s legal system remains outdated and lacks AI-specific liability provisions. This lack of legislation imposes excessive hardship on individuals harmed by AI. To resolve these difficulties, the research promotes AI-centered liability systems, including rebuttable presumptions of defect and causation, mandatory transparency obligations for AI developers, and compensation mechanisms such as compulsory insurance. By addressing these legal deficiencies, the study lays the foundation for a modernized liability regime that ensures liability while supporting technological development in AI.
Keywords: Artificial intelligence, Civil Liability, AI-Generated Works, Fault-based Liability, Strict Liability.
Legal Protection of the Buyer in Off-Plan Real Estate Sales: A Comparative Analytical Study
Dr. Taha Hassan Rasul 1, Assist. Prof. Dr. Bzhar Abdullah Ahmed2 , Assist. Lecturer. Farsat Rasul ahmed3
1 Soran University, Faculty of Law, Political Science and Management, Law Department, Email: taha.rasul@soran.edu.iq.
2 Soran University, Faculty of Law, Political Science and Management, Law Department, Email: bzhar.ahmed@soran.edu.iq.
3 Soran University, Faculty of Law, Political Science and Management, Law Department, Email: farsat.ahmed@soran.edu.iq.
Abstract
This article examines the legal protection of the buyer in off-plan real estate sales. Off-plan selling is a legal and commercial term that refers to the process of selling real estate units before their construction is completed. In other words, properties are sold based on plans and designs, meaning the project exists only on paper at the time of sale. This practice is common in many developed countries, as it allows buyers to purchase properties that are yet to be built, often with only the design or map of the future building available for viewing. In off-plan sales, transactions are based on pre-existing plans and designs of the construction project. Specific contracts are established between the owner of the residential project and the buyer, wherein the buyer pays a portion of the total amount as a down payment upon signing the contract in the initial stage. The remaining payments are scheduled during certain future stages of construction, corresponding to the development progress of the residential unit. In return, the developer commits to delivering the real estate unit according to the agreed-upon specifications. While off-plan property purchases can offer benefits such as lower prices and the opportunity for buyers to customize certain aspects of their future homes, they also come with risks. These include potential delays in construction, changes in market conditions affecting property values, and the possibility that the finished product may not meet the buyer's expectations. Therefore, it's essential for buyers to conduct thorough due diligence and ensure that contracts clearly outline the obligations of the developer, payment schedules, and remedies in case of disputes.
Keywords: Off-Plan, Sale, Construction Project, Property, Real Estate.
The Effectiveness of International Law in Addressing Environmental Security in Iraq (2014-2024)
1. Dr. Raqeeb Hama Rashid Saed, Salahadin University – Erbil, Email: raqeeb.saed@su.edu.krd.
2. Dr. Shallaw Abdulkhaleq Mohammed, Salahadin University – Erbil, Email: Shallaw.Mohammed@su.edu.krd.
Abstract
Abstract
This study evaluates the effectiveness of International Environmental Law (IEL) in addressing Iraq’s environmental security challenges from 2014 to 2024, with a focus on conflict-driven degradation, water scarcity, and pollution. Combining qualitative analysis of treaties, case studies, and primary data from 15 stakeholder interviews (policymakers, NGOs, farmers, and UN officials), the research identifies systemic gaps in IEL implementation and proposes actionable solutions. Key findings reveal that integrating IEL with human rights frameworks, regional cooperation, and civil society engagement enhances environmental governance. The study highlights the critical role of mechanisms such as the Paris Agreement and Convention on Biological Diversity in mitigating Iraq’s crises but underscores persistent challenges, including fragmented enforcement and political instability. Novel contributions include advocating for the revival of traditional Akkadian water management practices and ratifying the Escazú Agreement to empower grassroots oversight. Policy recommendations prioritize establishing an Iraqi Environmental Oversight Commission, leveraging the Green Climate Fund for solar-powered desalination, and creating a Tigris-Euphrates Basin Commission under UN mediation. By bridging legal frameworks with on-ground realities, this study offers a blueprint for conflict-affected states to transform IEL from symbolic pledges into tangible ecological recovery.
Keywords: Environmental Security, Human Rights, International Environmental Law, Post-Conflict Recovery, Regional Cooperation, Sustainable Development Goals.
Legal Adaptation of Digital Estate between Transfer and the Right to Privacy
Assis. Pro. Dr. Bahadin Faqe Ahmad Aziz1
Dr. Rebwar Maghdid Mahmood2
1 Department of Law, Faculty of Law, Political Science and Management, Soran University- Kurdistan– Iraq, email: Bahalddin.ahmed@soran.edu.iq
2 Department of Law, Faculty of Law, Political Science and Management, Soran University- Kurdistan– Iraq, email: rebwar.mahmood@law.soran.edu.iq
Abstract
Technology has become a slogan for this era, and a starting point for the advancement of services that the world has not seen throughout history, including the acceleration in this era by providing more means and mechanisms that enable man to harness the environment around him, the World Wide Web has imposed patterns of behaviours and traditions, which caused the creation of challenges to legal concepts, and among those new concepts that need to be legally addressed is the electronic inheritance, which means all the electronic property left by the deceased whose content is of value, in which the personal aspect predominates over the financial aspect. Such as Facebook, Twitter, Tiktok, YouTube, and all videos and audio recorders published in it, or unpublished, and the course of their legal wording revolve around a question: How portable or inheritable are these rights after testators death? When testing both possibilities, we must adapt the subject with the right or money, and adapting it creates a risk of violating the right to privacy, because it is considered by personal right, and therefore cannot be transferred or inherited after the inheritor, and in the light of the above, we believe that it is necessary to discuss finding legal solutions to the issue, especially since the Iraqi legislator left the issue unaddressed.
Keywords: Digital Estate, The Right to Privacy, Inheritance, Transfer of ownership
Redefining Refugee:
A critical Analysis of the 1951 Refugee Convention
HASAN ALI OMAR
Kurdistan Bar Association
Abstract
Redefining Refuge: A Critical Analysis of the 1951 Refugee Convention. The 1951 Refugee Convention, a bedrock of international refugee law, is more and more inadequate in addressing the complex and evolving nature of worldwide displacement. My research critically examines the definition of a refugee under the 1951 Refugee Convention, highlighting its limitations in light of latest challenges.
The Convention's main focus on "well-founded fear of persecution" based on specific grounds, while historically significant, demonstrates insufficient for many human beings seeking protection. The paper explores how this definition preclude those fleeing situations of generalised violence, climate change, and other non-persecution-related threats.
Furthermore, the Convention's firm framework and the challenges linked with its implementation are discussed. The paper explores the role of state sovereignty, international cooperation, and judicial interpretation in forming refugee protection.
In conclusion, my research is an argument for a more comprehensive and adaptable definition of a refugee that is in line with the evolving humanitarian landscape. By re-evaluating the fundamental principles of refugee protection, the international community can better address the needs of displaced persons globally.
The Associated Challenges with the Legal Regulation of Deepfake
"A comparative analytical legal study"
Saddam Faisal, Kokez Al-Mihimdi 1
1. Professor of Private Law. College of Law / University of Fallujah – Iraq.
Email: saddam.faisal@uofallujah.edu.iq.
Abstract
The technologies of deepfake have caused multiple legal problems, some of which are related to the use of these technologies, and some of which are related to the violation of the right to privacy, as few countries adopt legal legislation regulating the legal situations related to deepfake, in an attempt to overcome the risks associated with the spread of deepfake technologies.
Therefore, it is necessary to clarify the legal problems and challenges associated with the use of deepfake technologies, with a focus on the role of active platforms on the network in restricting and removing fake content, and clarifying the role of legislation in addressing the negative effects of deepfake content.
Keywords: Deepfake, Generative Adversarial Networks, Digital Environment, Right to Privacy, Detection of Forgery.
Intertextuality in Civil Law Texts: An Analytical Study
Assist. Prof. Dr. Tahsin Hamad Smael 1, Assist. Prof. Dr. Bzhar Abdullah Ahmed2, Dr. Taha Hassan Rasul3
1 Soran University, Faculty of Law, Political Science and ^Management, Law Department, Email: tahsin.smael@soran.edu.iq.
2 Soran University, Faculty of Law, Political Science and ^Management, Law Department, Email: bzhar.ahmed@soran.edu.iq.
3 Soran University, Faculty of Law, Political Science and ^Management, Law Department, Email: taha.rasul@soran.edu.iq
Abstract
Intertextuality refers to the relationship between one text and another, or the reference of one text within the framework of another. It is based on the notion that no text exists in isolation, as every text is inherently connected to other texts, either through ideas, structures, or language. In this sense, every existing text is influenced by, or dependent on, prior texts. In Arabic, various terms are used to convey the concept of intertextuality, such as textualism, intertextuality, and textual interaction, all of which refer to the same fundamental idea. The term “intertextuality” was first fully articulated by the French-Bulgarian philosopher Julia Kristeva, who is regarded as the pioneer of this modern concept. Kristeva introduced this term in her works by linking it to the concept of idéologème, which refers to a synthetic unit within a text that contributes to its overall meaning and structure. According to Kristeva, intertextuality represents "the intersection within a text of expressions taken from other texts." Her definition of intertextuality, which highlights the mutual interaction and modification of elements from different texts, has since become widely accepted.
It is worth mentioning that the issue lies in the fact that the presence of a large number of texts in the Iraqi Civil Code No. (41) of 1951 led to the existence of aggravation and inflation of legal provisions. Therefore, this research seeks to address this issue by employing intertextuality as a method or as a new critical approach in the field of law. It is noteworthy that previous researchers have not used this method to address legal issues, particularly the problem of the aggravation or inflation of civil texts, which is the issue of aggravation or inflation of civil texts. The effort focuses on tracing the roots of certain intertexts, recombining them, and modifying their content in a way that serves the Iraqi Civil Code and contributes to its rationalization.
Keywords: Intertextuality, Iraqi Civil Code, Provisions, Textualization
The Grass is not always Greener:
The Instrumentalisation of Migration and the Case of Iraqi Migrants and Refugees in Europe
Assist. Prof. Dr. Abdullah Omar Yassen, Erbil Polytechnic University, Adjunct Faculty, The University of Kurdistan Hewlêr, abdullah.yassen@epu.edu.iq
Dr. Shakir Suleman Mahmud, Judicial Investigator, Ministry of Justice, shakirmarzany@gmail.com
Abstract
For some 45 years, Iraq has remained a top 20 producer of refugees, while also being a host country, due to multiple conflicts, a lack of stability, and endemic corruption in the region (European Union Agency for Asylum, Iraq Common analysis and guidance note November 2024). Indeed, Iraqi refugees comprise one of three groups consistently listed as a source country (UNHCR, 2014). At the same time, Iraq lacks sufficient resources as a host community and there are none for populations who have been forcibly displaced (NRC, 2023). With some 65% of the Iraqi population being 24 years old or younger (Figure 1), the young feel restricted by the wasta system or ‘held captive by power dynamics that undermine the entire country’s potential for progress’ (Travers, 2023). These factors have increased the desire for migration to Europe, alongside the fact that more than 25% of young Iraqis lack jobs. Having no faith in Iraqi political leaders, many thousands of mainly Kurdish Iraqi refugees have been pushed to travel the hazardous route from Turkey or Greece to Germany, France and the UK, seeking to reach the so-called ‘promise land’ (Seefar, 2021).
This research examines the drivers of irregular migration from Kurdistan Region of Iraq (KRI) to Europe through in-depth interviews with Kurdish potential migrants based in the KRI, transit migrants based in Athens (Greece), Belarus border, and Dunkirk informal camp (France) and returnees from Germany and the UK. As well as potential migrants in the KRI. The qualitative method is complemented by desk research analysis of migration phenomenon among Kurds. The initial findings show that high unemployment, political instability, and corruption have been the main drivers of migration towards Europe. We also found that transit countries such Greece and France are used a stop gap by migrants to reach their preferred destinations of Germany and the UK.
The Role of UNHCR in Protecting Refugees in Iraq
Post-2003
Osamah Basil Mohammed Sinjary
M.A in Diplomacy and International Law
Supervised by: Assist. Prof. Dr. Yadgar K. Ahmmad
Email: Osamah.basil@ukh.edu.krd - oss.basil@gmail.com
Abstract
This research focuses on assessing United Nations High Commissioner for Refugees UNHCR's extent of success in achieving protecting refugees in Iraq by analyzing the outcomes of its efforts to provide humanitarian assistance and legal protection in accordance with international treaties. The study applied qualitative and quantitative methodological approaches which included analyzing refugee and Internally Displaced Persons (IDPs) data on the services provided. In addition to the financial and political challenges that hinder UNHCR's mission. The research also discusses the achievements made, such as the rights of refugees under international law, and provide recommendations to improve protection policies and enhance the effectiveness of UNHCR's work in Iraq.
Keywords: International law, UNHCR operations in Iraq, Humanitarian protection, (IDPs), Refugee rights and policies.
Legal Assessment and the Role of Courts in Armed Drone Operations in the Iraqi Kurdistan Region
Dr. Aram Nabee Mohammed
Faculty of Law, Political Science and Management\ University of Soran\ Soran\ Erbil-Iraq
Email: aram.mohammad@soran.edu.iq
Abstract
According to the domestic and international law, the use of force is generally prohibited, whether by drone or any other weapon, and problems should be solved by peaceful means. However, internal groups such as the Islamic Resistance Militia and international forces like Turkey and Iran have repeatedly violated the sovereignty of the Kurdistan Region as part of Iraq under the name of self-defense right. Because of these violations, hundreds of civilians in the Kurdistan Region has been killed, injured, their fields and houses burned and their villages evacuated.
These drone and missile attacks have had a negative impact on the lives, economy, psychology, social and political aspects of the people, but the important question is what rights the victims have in respect of all the violations committed against them.
This study aims to assess the legality of the use of armed drones against the Kurdistan Region and to investigate the role and impact of domestic and international courts in the judging of criminals, to achieve this goal, analytical and descriptive methods were used in the study.
The research concluded that the use of drones against people is illegitimate and illegal. Therefore, the perpetrators can be punished, and the victims compensated before domestic and international courts.
Keywords: Armed Drones, International Forces, Sovereignty, Discrimination, Proportionality, Prosecuting, Compensating.
Economic Security in Iraqi Personal Status Law:
A Comparative Explanation of Islamic Thought and Feminism in the Iraqi Kurdistan Region
Dr. Abdulsamad Mohammed Saeed
abdulsamad.saeed@soran.edu.iq
Lecturer, Soran University
Dr. Shahla Salih Abdulla
Shahla.abdulla@soran.edu.iq
Lecturer, Soran University
Dr. Shamal Fatah
Lecturer, Soran University
shamal.fattah@soran.edu.iq
Abstract
Women’s economic security is a key component of gender equality and sustainable development. In the Kurdistan Region of Iraq (KRI), legal frameworks, particularly the Iraqi Personal Status Law, influence women’s financial independence by regulating inheritance and maintenance but fail to explicitly address women's right to work, income distribution, and financial autonomy. This legal gap has led to disputes within families and increased feminist critiques regarding women's economic security, while some Islamic interpretations advocate for financial protections for women. This study explores the impact of the Iraqi Personal Status Law on women's economic security through a comparative analysis of Islamic thought and feminist perspectives. Using qualitative legal analysis, the research examines statutory provisions and amendments in the KRI, alongside Islamic jurisprudential and feminist critiques, to assess their implications for women’s financial autonomy. The study tries to provide a nuanced understanding of these legal, religious, and feminist frameworks and offers recommendations for achieving a more equitable approach to women’s economic security in the region. This research aims to examine the Iraqi personal status law regarding women’s financial matters and emphasize the gaps in safeguarding women's economic rights. While the law generally acknowledges women’s financial rights, including inheritance, maintenance, and dowry, it fails to explore the subject of women’s employment rights or whether women need to seek their families' approval to work independently. Furthermore, it insufficiently addresses the notion of obedience, which is perceived as a financial obligation for women. Although the law does not clarify this concept, some Islamic scholars and feminists recognize shared labor and advocate for financial remuneration for domestic work.
Keywords: Women's economic security, Iraqi Personal Status Law, Kurdistan Region of Iraq, Islamic thought, feminism, gender equality, inheritance rights, dowry, woman working rights
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