تنازع الاختصاص التشريعي في عقود التجارة الدولية وفقا للقانون العراقي والنظم القانونية الأخرى:, دراسة تحليلية مقارنة

Abstract

This paper discusses the contentious jurisdiction in the contracts of the international trade according to the Iraqi Law and other laws. This study is a comparative analytical one to determine the procedure of solving the struggle between the laws of countries which connected by certain connection in international trade contracts that make each law of each country tries to be dominant and applied in the case of any problem concerning these international trade contracts. Each country tries to dominate its juristic devices on the trade contracts by using the rules and in its national law which depend on the explicit and implicit restrictions, instructions and regulations, these rules and regulations determine which rules are original and which ones are influenced by a foreign jurisdictions that gives the chance to some trade contractors to escape from the legal control of that country. Sometimes the application of such influenced rules make the contractors lose a lot, but if they follow the laws of their country, they will never lose anything, the rules which are selected by all the contracted countries will make no loss or defeat to any member of the contractors. According to the supporting base of contracts in the act (25) in the civil Iraqi Law, the contractors are free to choose the appropriate law of the international Trade La. This selection may be explicit or implicit that court can conclude clear choice of the law; the court will apply the law of that country in which the contract is conducted. The choice of an act depends on the shared rules of the law, for example the act(19) of the Egyptian law is the same as act (25) of the Iraqi civil law, other examples are that the treaty of Rome is applicable according to the laws of France and England and this treaty gives the ability to choose any rules these countries in the international trade , whether the selection is explicit or implicit, if there is no clear selection, the court will apply the country's nearest law of in the international trade contract, for instance, the contentious juristic rules in USA are free to choose but they should be under the regulations of that treaty as Hague treaty in 1955 and Rome treaty in 1980. Because of the recent development o the international trade such as the electronic contracts and internet communications, determining which rules or rules are applicable in the international trade is so difficult, so they remain as they are, following the traditional rules with certain difficulties such as determining the place in which the contract is conducted in order to specify the law of the country, so we will need a supporting evidence depends on the Iraqi and Egyptian jurisdictions according to Hague and Rome treaties