The right of a foreigner to resort to the regular judiciary (a comparative study between Iraqi law and Iranian law)

Abstract

The right to litigation is one of the rights necessary for the life of a foreigner on national territory. If it is established that international law requires the state to give the foreigner a degree of the rights necessary for his life, then it is logical that this foreigner has the right to resort to the national judiciary by requesting judicial protection. In the event of an attack on the substantive rights legally established for him in the territory of the state in which he resides, the right without judicial protection is practically useless, and it results in depriving the foreigner of resort to the national judiciary of the state, a denial of justice, which requires the state to be held accountable for its negligent error. Before international courts. Here, it is assumed that the foreigner is treated with dignity before the national judiciary and that he is guaranteed all the procedural rights that are guaranteed to the national litigant. In other words, the foreign character must not be a reason for discrimination against that foreigner because this situation violates the rules of public international law.

           In addition, the laws of both countries do not exclude recognition of the right of foreigners residing legally on their territories to enjoy the same rights approved by international and regional agreements that are part of their national law, since these rights have become part of the common heritage of humanity and therefore it is not permissible to stipulate otherwise. Therefore, its practice may not be restricted by arbitrary restrictions.