ضرورة تدوين القانون الدولي الخاص في العراق (الحجج الخاصة بوضع نظام أساسي بشأن تطبيق القانون كنموذج تشريعي)

Abstract

 Recently, Iraq has begun the process of legislating and amending laws relating to private international law to apply them to legal relations in civil and commercial affairs involving foreign agents. This research attempts to prove the importance that the codification of private international law is necessary for the development of private international law in Iraq and will provide judges with clearer guidelines when facing civil and commercial cases involving foreign elements. This paper also argues that studying the historical development of Iraqi private international law and comparative studies of recent private international law laws or reforms in foreign countries will provide the Iraqi legislature with useful insights when drafting private international law. This article suggests three possible legislative models to consider: (a) A code that contains only conflict rules; (b) A code containing the rules of conflict as well as the rules of international jurisdiction; (C) A code that contains the rules of conflict in addition to the rules of international jurisdiction, domicile, status of foreigners, nationality, and the recognition and enforcement of foreign judgments. By examining the current legislative initiatives to adopt private international law, this research concludes that the Iraqi legislator should and is likely to use the third legislative model to formulate the law of private international law.