The legal basis for regulating Iraqi border crossings:(A comparative study)

Abstract

The border crossing is considered a manifestation of Iraq's sovereignty to the world, as the first impression of a visitor from any country is formed the moment
they enter Iraqi territory and observe the laws applied and the services provided. From this standpoint, border crossings have a special importance that surpasses
many other state facilities. This prompted the legislator to regulate them with Law No. 30 of 2016, which is the legislative basis for the newly established Border
Crossings Authority, in accordance with the discretionary power granted to the legislator to establish independent bodies under Article (108) of the Permanent
Constitution of the Republic of Iraq of 2005. However, the regulation came with shortcomings that were reflected in the relationship between the federal
authorities on the one hand, and the authorities of the region and the governorates not organized into a region on the other hand, as a result of what was stipulated
in Article (114) of the Constitution of the Republic of Iraq of 2005, which made the administration of customs a joint jurisdiction between the aforementioned
authorities, contrary to what is the case in comparable federal countries.