The Iraqi consumer protection in international electronic contracts: issues on jurisdictions and applicable law

The Iraqi Civil Law (ICL) No. 40 of 1951 generally deals with all issues concerning conventional contracts in Iraq. The ICL, however, does not cover important aspects of international electronic contracts particularly concerning jurisdictional issues and applicable law. This study examined the rights provided by the international law to consumers who deal with international electronic contracts on issues concerning jurisdiction and applicable law and compared the laws in Iraq to those in the European Union (EU). The objectives include to find solutions to the current problems in Iraq and to propose recommendations for improvement in this area of law. This study adopted the doctrinal approach in assessing the law which was corroborated by interviews with key figures specialized in the field of private international law in Iraq. Analytical, historical, comparative and thematic methods were employed in analyzing the data for this study. The study found that the current Iraqi legal framework does not provide appropriate protection to consumers who involve in international electronic contracts. This study recommends the Iraqi government to adopt a comprehensive legal framework as taken by the EU to address the issues of consumer protection in international electronic contracts as to guarantee better protection for consumers in this field. As such, amendment to the existing law is necessary including modifications to the ICL, Iraqi Electronic Signature and Transactions Act, and Iraqi Consumer Protection Law, so that Iraqi consumers will be equipped with appropriate legal protection when they carry out international transactions electronically.