النـظـام الـقــانــونـي لـدخـول وخـروج الأجـنـبــي ( دراسة مقارنة )

The Legal System for the Entry and Exit of a Foreigner "A Comparative Study"

The topic of this research is one of the important topics that is supposed to take a large part of the attention of legal jurisprudence, as the position that the foreigner has reached at the present time has gone through stages of development in which the view of that person has changed through the ages. He is dealt with in a way that is different from the treatment of a patriot, to a degree similar to descriptions that do not belong to the human mind, while choosing his personality completely and depriving him of all the rights necessary for his life.
The development of this idea has been gradual through the ages up to modern legal legislation. After he was deprived of all rights in antiquity, this view was mitigated and compensated for by granting him some rights that coincided and were consistent with commercial relations at the time. However, the great development of those relations and the emergence of human rights principles that cast a shadow over the organization of the legal status of foreigners.
In addition, the technological development that imposed itself in most countries, and the development of means of transportation, which led to the ease of movement of individuals between the regions of different countries, which generated a direct relationship between this development and the increase in private international trade relations represented by relations between individuals, and this entailed the complexity of those relations Its complexity is what necessitated the establishment of special systems to deal with it and resolve the disputes arising from it. While the foreigner was deprived of the right to enter the territory of a number of countries, this right became entrenched in international norms and charters, as well as the rights that entailed from the residence of that foreigner and the rights he enjoys within the territory Countries, , as well as his exit from that territory, although there are various considerations that affect the state’s policy towards these foreigners and the organization of their legal status within the state’s territory. These considerations may be security, economic, social or political considerations.
As these considerations differ from one country to another. The state may be strict in its entry of some groups of foreigners for certain reasons and be lenient with other groups, but it cannot prevent foreigners from completely entering its lands, because this is a clear violation of the provisions of international law, however, it has the right to set certain conditions to regulate the entry of foreigners to its lands Because under these conditions, the interest of the state and the preservation of the security and safety of its citizens are achieved.
The state cannot open the door wide for all foreigners to enter, but the process must be carefully organized in line with the sovereignty of the state and not in violation of international norms and covenants. The same applies to the rights granted to these foreigners. The state cannot deprive them of any rights required by their residence on that territory, because this contradicts what has been established by international law that there is a minimum for all states to abide by that grants foreigners the rights to continue their lives and residence on the territory of the state. Any violation of this obligation by states, or abuse of this right, exposes the state to international accountability, and the foreign state has the right to intervene and be protected diplomatically.
These rights may be equal to what is granted to patriots, and thus the state has brought these foreigners to the highest ranks according to the requirements of its various interests.
From this it becomes clear to us the importance of the topic, as its importance increases with the increasing time and the increase and diversity of international trade relations, which requires constant and continuous research, as it is an advanced topic that does not stop at a certain limit as long as there is a continuous development of those international relations.
And if this topic is of international importance, it has a special importance for Iraq, as it was suffering under wars and sieges, and became closed to itself, which led to a decline in the study of the legal status of foreigners, and if these had a significant impact on economic and commercial life.
And the social situation of Iraq, dealing with the category of foreigners is consistent with that stage, so laws were put in place that did not allow the space and did not give them the necessary rights granted to them in other countries. After the change of economic and political conditions, the change of the political system, the development of the Iraqi state’s economies, its openness to the world and its tendency to invest in all levels, it is assumed in this case the harmony of this economic and political development with a legal development and the need for a legal revolution in relation to the legal status of foreigners by granting them the necessary rights to play the necessary role them at this point. On the contrary, we find that there is a regression in some laws and stagnation in others, in a manner that does not fit with this stage.
From here, the importance of this vital topic that deals with the legal status of the foreigner under Iraqi law emerges through the legal rules that determine his rights and obligations. Our country is going through and the contribution of these foreigners to it.