Journal of Contemporary Business Law & Technology: Cyber Law, Blockchain, and Legal Innovations

THE PROCEDURAL CRIMINAL PROTECTION OF THE JUVENILE DELINQUENT

Nihad Ali Malik Al-Abidi — 2025-02-28

Objective: Juvenile delinquency presents a significant challenge to legal systems, with varying approaches across countries like Iraq and Lebanon, and this study aims to critically examine the effectiveness of the procedural protections provided to juvenile delinquents in Iraq and Lebanon. Method: Both nations have enacted laws offering procedural protections for delinquent juveniles, but gaps remain in their application, and the research identifies gaps in the law and proposes legislative amendments to enhance juvenile protection through a comparative analysis. Result: Iraq and Lebanon’s legislations have introduced important reforms, including the right to legal representation and confidentiality during trials, as well as the establishment of rehabilitation-focused detention facilities; however, the research reveals that these measures have not fully achieved the goal of distinct juvenile treatment compared to adults, and both countries have insufficient measures for post-release care and extended detention periods for juveniles. Despite existing protections, legislative frameworks in both countries have not sufficiently distinguished juvenile offenders from adults in a way that addresses their unique needs, and the study suggests that while both systems have some rehabilitative provisions, they need to integrate preventive measures and clearer legal guidelines. Novelty: The novelty lies in the comparative analysis of Iraq and Lebanon’s juvenile protection systems, identifying significant areas for reform, including the need for specialized juvenile defense attorneys and improvements in post-conviction care, underscoring the necessity for legal reforms that provide better protection and rehabilitation for juvenile delinquents, emphasizing the importance of legislative clarity and the integration of preventive measures to reduce recidivism.

THE SUBSTANTIVE CRIMINAL PROTECTION OF THE JUVENILE DELINQUENT

Nihad Ali Malik Abidi Abidi — 2025-02-28

Objective: This study examines juvenile delinquency as a complex social issue that poses significant risks to both individuals and society, focusing on the substantive criminal protection mechanisms established in Iraq and Lebanon. Method: The research adopts an analytical and comparative legal approach, reviewing legislative texts, judicial rulings, and doctrinal perspectives to assess the strengths and weaknesses of the two juvenile justice systems. Results: The findings reveal that while both countries have made progress in developing juvenile justice frameworks, substantial gaps remain, particularly in addressing recidivism, ensuring adequate rehabilitation, and incorporating preventive social protection mechanisms. These shortcomings limit the effectiveness of existing legislative measures and hinder the reintegration of juvenile offenders. Novelty: The study contributes by providing a cross-national comparative analysis that not only identifies legislative deficiencies but also proposes reform-oriented solutions aligned with international standards. This highlights the need for comprehensive policies that balance legal accountability, protection, and rehabilitation to strengthen juvenile justice systems in the region.

THE ELECTRONIC ARBITRATION SYSTEM IN THE UNITED ARAB EMIRATES

Basma Amer OmarNadhmi — 2025-02-28

Objective: The rapid expansion of electronic commerce has created new legal challenges, particularly in resolving disputes arising from electronic contracts, and this study seeks to clarify the concept and procedures of electronic arbitration in the UAE, examine its technical and legal environment, and evaluate its capacity to serve as a legislative model for other countries. Method: The UAE has addressed these challenges by introducing comprehensive legislation, most notably Federal Law No. 6 of 2018 on arbitration, supported by amendments to the Civil Procedures Law and specialized arbitration centers. Result: Findings reveal that the UAE has successfully created a robust framework that integrates electronic communication technologies with arbitration procedures, supported by advanced infrastructure, specialized centers, and enforceable legal rules, making it distinct within the Arab region. Novelty: Unlike traditional approaches, the UAE’s system institutionalizes electronic arbitration through dedicated laws, modernized technical infrastructure, and specialized centers, demonstrating that adopting electronic arbitration not only enhances efficiency, transparency, and fairness but also provides a legislative reference point for other nations seeking to regulate electronic dispute resolution in line with international practices.