صلاحية السلطة التنفيذية في العراق لإبرام الاتفاقيات ذات الشكل المبسط : دراسة تحليلية مقارنة

Abstract EN

The Public International law doesn't require any special form for the conclusion of international treaties.

Subsequently it doesn't impose a specific method of expressing the consent of States to be bound by the treaty and granting States the freedom to choose between simplified procedures such as signature or more complex procedures such as ratification in accordance with the constitutional requirements of each state.

The position of the comparative constitutions on the freedom of the executive Authority differs in the choice between the two methods above.

The Iraqi constitution is one of the constitutions that restricted the power of the Iraqi executive authority in choosing a simplified method, as it subjected all international treaties and conventions to the approval of the parliament.

The question of the power of this authority may arise in the conclusion of agreements in the simplified form after the issuance of the Law No.

35 of 2015, which excluded some agreements and memorandums of understanding from subjecting them to the ratification provisions represented by the approval of the House of Representatives.

Accordingly, the study deals with the possibility of the executive authority to conclude international conventions in its simplified form, based on the exceptions mentioned in the new treaty law, and to study its validity at the internal and international levels.