This editorial introduces Volume 19, Issue 1 of The Legal & Judicial Journal and highlights the principal legal topics addressed in the issue, including problems arising from mortgaging real estate by allocation, the legal regulation of the pre-contractual stage, criminal responses to deepfake technologies using artificial intelligence systems, and the reform of the United Nations and its effectiveness in addressing international crises. It also reviews the issue’s commentary section, selected Court of Cassation decisions, and legal opinions.

The increase in the economic value of movables, both tangible and intangible, and their significant role in advancing the economic cycle in the country, was the main reason behind the issuance of Law No. 16 of 2021 regarding the pledge of movable properties, despite the existence of provisions regulating the pledge of movables in the civil and commercial law.

Despite the economic advantages of this law, mortgaging real estate by allocation leads to the emergence of two problems:

The first is related to the fact that a movable will become the subject of a pledge without dispossession, which means that under the new rules, the movable can be pledged more than once, and therefore it will become possible to create on the same movable several pledges competing with each other.

Second: The real estate by allocation will be mortgaged without taking into account the rules contained in the Civil Code and the Code of Procedure that prohibit the mortgage or seizure of this real estate by allocation except attached to the original property.

This research addresses these two problems through a comparative analytical study.

There is no doubt that technological development in artificial intelligence systems and techniques has significantly improved the quality of visual and audio content in digital environments. However, this same development has also contributed to the spread of the deepfake phenomenon using artificial intelligence systems, posing serious threats to human rights, including the right to obtain information free from manipulation, deception, and misinformation.

This raises questions regarding the effectiveness of existing legal rules in addressing this phenomenon and whether special legal provisions are needed to confront this emerging form of criminal activity. The study examines the concept, characteristics, and forms of deepfakes, distinguishes them from traditional forgery crimes, reviews criminal legal mechanisms for combating deepfakes, and analyzes the possibility of relying on AI-generated evidence in criminal proceedings to achieve criminal justice

This study aims to explore the topic of reforming the United Nations in the context of international crises, focusing on the cases of Ukraine and Gaza, while addressing several important aspects and contemporary global challenges facing the UN in its efforts to reform and improve its performance. The study emphasizes the need to enhance its principles for peace, security, development, and human rights in the 21st century. Additionally, it evaluates the UN's role in addressing the ongoing war in both Ukraine and Gaza. The study includes a number of conclusions regarding the effectiveness of the UN's efforts in confronting international crises, along with several recommendations for improving its role and increasing its efficiency in dealing with international conflicts. 

Except for the Mauritanian and Saudi legal systems, most Arab civil codes lack explicit regulation of the pre-contractual phase, particularly with regard to the duties of disclosure and confidentiality and the resulting mutual obligations between negotiating parties. Traditionally, these legal systems have confined the principle of good faith to the performance stage of contracts, without extending it to negotiations.

In contrast, contemporary legal trends—most notably the 2016 reform of the French Civil Code and the UNIDROIT Principles of International Commercial Contracts—have affirmed the binding nature of good faith throughout all phases of the contractual process, including negotiations. These developments have recognized good faith as a mandatory rule of public order, not subject to contractual waiver.

This comparative analytical study seeks to assess the legislative vacuum in Arab legal systems and underscores the need for adopting explicit legal provisions to govern the pre-contractual phase. It argues that such regulation is essential for enhancing contractual security, protecting negotiating parties, and fostering economic stability, particularly in the context of international commercial transactions.

The study concludes with a recommendation for Arab legislations—excluding the Mauritanian and Saudi systems—to enact mandatory provisions modeled on Article 1104 of the French Civil Code, requiring that contracts be negotiated, formed, and performed in good faith.

The acceleration of diplomatic events surrounding the Iranian and even Israeli nuclear program has increased the necessity to highlight the legal aspects of possessing and using nuclear weapons in international law, similar to the advisory opinion of the International Court of Justice issued on 8/7/1996 regarding the legality of using or threatening to use nuclear weapons. Therefore, the problem of this commentary lies in stating what the position of the International Court of Justice is on the use or threat of using nuclear weapons through the content of its advisory opinion and how this opinion has contributed to reinforcing the principle of nuclear non-proliferation.
The commentary concluded with a criticism of the work of the International Court of Justice in this, based on the notion that it leaned towards favoring the political nature of the issue—subject of the commentary—under the pressure of major nuclear states. This reinforces the researcher's critique of the United Nations, which operates only in favor of major countries under the auspices of the Security Council through the veto power.
The commentary recommended the need to strengthen the independence of the International Court of Justice in its work from the political considerations of member states, especially the major ones, as a step to effectively establish and support international security and peace in practice.