The Legal Framework for Concluding Memoranda of Understanding and Implementation Programs Under the Iraqi Treaties Act No. (35) of 2015

Abstract

International treaties are a means for states and other persons of international law to conduct their relations and organize common issues among them، so they are given special care because of the commitment they represent at the international level، and memoranda of understanding and executive programs are a form of these international treaties.

And in view of the absence of legal regulation of the provisions of the contract of memoranda of understanding and executive programs in the Treaty Law No. 35 of 2015 in accordance with Article 3 of it، given that it does not apply to this type of agreements، and the obstacle that this represents to the competent authorities and beneficiaries of the conclusion of these agreements.

 For the purpose of clarifying the legal controls for its conclusion، we set out to write this research، taking the analytical method in addition to the original method to study the subject، and after studying and analyzing the relevant texts and the opinions of jurisprudence and the judiciary، we were guided to set legal controls for the process of concluding these agreements as a proposed model.