Aspects of Legislative Protection for Sustainable Development in Iraqi Civil Law
An Analytical Study
DOI:
https://doi.org/10.35246/wf3k3866Keywords:
Sustainable Development, Legislative Protection, Future Generations, Civil LawAbstract
Sustainable development is one of the modern concepts that seeks to achieve a balance between the requirements of economic growth, social justice and environmental protection, so that the needs of the present generation are met without harming the rights of future generations. Although the Iraqi Civil Law No. (40) of 1951 was established before the emergence of this concept globally, its texts and general principles include aspects that indirectly contribute to achieving the goals of sustainable development. Accordingly, this research addresses the aspects of sustainable development in Iraqi civil law through three main dimensions, namely the economic, social and environmental dimensions.
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References
First/ Legal Books:
i. Ahmed Jaber Badran, Economic Development and Sustainable Development, Center for Jurisprudential and Economic Studies, 2014.
ii. Ismail Namiq Hussein, Justice Between Philosophy and Law, 1st Edition, Dar Al-Farahidi for Publishing and Distribution, Baghdad, 2014.
iii. Tawfiq Hassan Faraj, Introduction to Legal Sciences, University Culture Foundation Publications, Alexandria. No publication date.
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v. Hamza Al-Jabali, Sustainable Development: Exploitation of Natural Resources and Renewable Energy, 2016.
vi. Khaled Mustafa Qasim, Environmental Management and Sustainable Development in the Context of Contemporary Globalization, Dar Al-Jami'a, Alexandria, 2007.
vii. Zainab Awad Allah and Osama Muhammad Al-Fouli, Fundamentals of Monetary and Banking Economics, Al-Halabi Legal Publications, Beirut, Lebanon, 2005.
viii. Safaa Al-Din Muhammad Abdul-Hakim Al-Safi, The Human Right to Economic Development and its International Protection, Al-Halabi Legal Publications, Beirut, Lebanon, 2005.
ix. Tariq Kadhim Ajil, Original Real Rights, Part One: The Right of Ownership, Al-Sanhouri Library, Beirut, 2019.
x. Abbas Ali Muhammad, Security and Development: A Case Study of Iraq (1970-2007), 1st ed., Iraq Center for Studies, 2013.
xi. Abdul Jabbar Aziz Hassan, Explanation of the Rules of the Musataha Contract in Light of Civil Law, Reinforced by Judicial Rulings, Erbil, 2018.
xii. Abdul Rahim Jassim Qanawi, Community Participation in Planning, Dar Al-Basheer for Culture and Science, 2022.
xiii. Abdul Razzaq Al-Sanhuri, The Intermediate Guide to Explaining the New Civil Law, Vol. 5, Contracts Relating to Ownership (Gift, Partnership, Loan, Permanent Income, and Settlement), 3rd ed., Al-Halabi Legal Publications, Beirut, 2000.
xiv. Abdullah Abdul Rahman Al-Buraidi, Sustainable Development, Al-Obaikan Publishing, Riyadh, 2015.
xv. Ali Hadi Al-Obaidi, A Concise Explanation of Civil Law, Original Real Rights, 1st ed., Dar Al-Thaqafa for Publishing and Distribution, Amman, Jordan, 2005. 16- Muhammad Hussein Mansour, Original Real Rights, Dar Al-Jami'a Al-Jadeeda, Alexandria, 2007.
xvi. Muhammad Taha Al-Bashir and Dr. Ghani Hassoun Taha, Real Rights, Part One, Original Real Rights, Al-Sanhouri Library, Baghdad, 2012.
xvii. Muhammad Abdul Latif, Sustainable Development Law, 1st ed., Dar Al-Nahda for Publishing and Distribution, Cairo, Egypt, 2021.
xviii. Muhammad Abdul Latif, Sustainable Development Law, 1st ed., Dar Al-Nahda for Publishing and Distribution, Cairo, Egypt, 2021.
xix. Mahmoud Jalal Yahya, Investing in Innovation, Dar Al-Nahda Al-Arabiya, Cairo, 2024.
xx. Medhat Abu Al-Nasr and Yasmine Medhat Muhammad, Sustainable Development, Arab Group for Training and Publishing, 2017.
xxi. Mustafa Youssef Kafi, Sustainable Development, Dar Al-Akademioun for Publishing and Distribution, 2016. 23- Hani Dweidar, Commercial Law, The Bank Loan Contract, Al-Halabi Legal Publications, Beirut, 2008.
Second: Scientific Research and Articles:
i. Ahmed Mohammed Qader, The Standard of Abuse and its Role in Ensuring Sustainable Development According to the Provisions of Civil Law, research published in the Journal of Sustainable Studies, Volume 6, Issue 3, 2024.
ii. Asmaa Sabr Alwan, The Formalities of the Musataha Contract, Concept and Effects, A Comparative Legal Study Between Practical Reality and the Legal System of the Musataha Contract, research published in the University of Anbar Journal of Legal and Political Sciences, Issue 6.
iii. Ayad Mutashar Sayhood, Justice is the Essence of International Private Relations Law, research published in the Law Journal for Legal Studies and Research, Issue 15, 2017. 4- Iman Tariq Al-Shukri, "The Scope of Obligation to Ensure Building Safety: A Comparative Study," published in the University of Babylon Journal of Humanities, Vol. 20, No. 2, 2013.
i. Bilal Aqeel Al-Sandid, "Law and Sustainable Development," an article published on the website.
ii. Khawla Kadhim Muhammad Al-Maamouri, "Contractor and Subcontractor Liability," published in the University of Babylon Journal of Humanities, No. 1, 2026.
iii. Suha Zaki Nouri, "Constitutional and Legal Obstacles to the Right to Sustainable Development in Iraq," Basra Studies Journal, No. 48, 2023. 8- Safaa Mutab Al-Khazai, "The Social Understanding of Legal Texts," a research paper published in Al-Qadisiyah Journal of Legal and Political Sciences, Issue 2, Volume 6, December 2015.
iv. Abdul-Basit Jassim Mohammed, "The Impact of Legislative Specialization on Achieving Sustainability," Anbar University Journal of Legal and Political Sciences, Issue 2, Volume 14, 2024.
v. Abdullah Hassoun, Dr. Mahdi Saleh, and Israa Abdul-Rahman, "Sustainable Development: Concept, Elements, and Dimensions," Diyala Journal, Issue 67, 2015.
vi. Izz al-Din al-Muhammadi, "The Rule of Law, Justice, and Moderation: Our Path to Peace, Development, and Stability," a paper published in a special issue of the First International Conference of Anbar University.
vii. Ali Muhammad Khalaf, "The Concept of Unusual or Excessive Neighborly Harm as a Legal Basis for the Liability of the Environmental Damage Perpetrator: An Analytical Study in Iraqi and Egyptian Law," a paper published in the Journal of the College of Islamic Sciences, Najaf, 2016, Volume 2, Issue 37.
viii. Faris Abdullah Kadhim, "The Impact of the Relationship Between Banking System Reform Strategy and Sustainable Development in Iraq," Baghdad College of Economic Sciences, University of Baghdad Journal of Economic Sciences, Special Issue of the Eighth International Scientific Conference, 2019.
ix. Fayez Muhammad Hussein, "Philosophy of Law and Theory of Justice," a paper published in the Journal of Law for Legal and Economic Research, Faculty of Law, Alexandria University, Issue 2, 2010. 5- Faiq Mahmoud Al-Shammaa, "Bank Loans Between In-Kindness and Consensualism," University of Sharjah Journal of Sharia and Law, Volume 11, Issue 2, 2013.
x. Kamal Taha Muslim, "Social Peace in Islam: Aspirations and Challenges," Scientific Journal, Volume 35, Issue 2, 2023.
xi. Muhammad Jabbar Kreidi, "The Role of the Legislative Authority in Achieving Sustainable Development Goals," Journal of Sustainable Studies, Fifth Year, Volume 5, Issue 1, 2023.
xii. Marwan Hussein Ahmed and Dr. Fawzi Hussein Salman, "Legal Protection of the Right to Sustainable Development," research published in the Basra Studies Journal, Supplement to Issue 48, Eighteenth Year, 2023.
xiii. Manal Afan, "The Impact of Income Inequality on Economic Growth," Journal of the College of Economics and Political Science, 2017.
Third: Theses and Dissertations:
i. Afrah Fadhil Al-Dujaili, "Reform Policies and Their Role in Achieving Sustainable Development in Iraq (2004-2023)," Master's Thesis in Economics, College of Administration and Economics, University of Kufa, 2022.
ii. Ribwar Mohammed Saleh, "Guarantees of Ownership of Residential Apartments," Master's Thesis submitted to the Council of the College of Law, University of Sulaimani, 2016.
iii. Shahla Sulaiman Mohammed Barisim Al-Adli, "Balance in Legal Administration Work Between Transparency and Confidentiality," Doctoral Dissertation submitted to the Council of the College of Law, University of Babylon, 2022.
iv. Afan Younis, "Sustainable Human Development," Master's Thesis submitted to the College of Law and Political Science, University of Farhat Abbas, Algeria, 2013.
Fourthly / Laws:
i. Iraqi Civil Code No. (40) of 1951, in force.
ii. Iraqi Expropriation Law No. (12) of 1981, in force.
iii. Iraqi Environmental Protection and Improvement Law No. (27) of 2009, in force.
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