The Official Journal for College of Law and Political Science, Alnoor University

Transformations of the Concept of National Sovereignty in the Context of Contractual Globalization: An Analytical Study

Volume 3, Issue 1
Winter 2026
Pages 153-161

Document Type : Original Article

Authors

1 University of Al-Qadisiyah – College of Law

2 University of Al-Qadisiyah – College of Arts

Abstract
This research addresses the legal problematic of international contracts, which share national authorities—a defining characteristic of one of the pillars of public law—with the binding force of international contracts that assume primary control in private law within the framework of economic globalization. Cooperative globalization in the field of investment has given rise to a dimensional legal system that operates, to a certain extent, on the will of commercial banks, particularly in the countries concerned, through contracts, agreements, and orientation agreements that weaken the state's authority over most of them and its resources. The study adopts an analytical approach, examining the opinions and assumptions presented regarding the phenomenon of the erosion of sovereignty in the face of the dominance of international contracts. The research also explores the philosophical foundations of this transformation by comparing the concept of legitimacy in the social contract (which established the concept of the state) with the concept of legitimacy in international contracts (which redistributes power between the state and global economic actors). The research concludes that national sovereignty within the legal system is undergoing a phase of transition from absolute sovereignty to composite sovereignty, where the state shares its functions and benefits from transnational actors. It proposes to re-examine an agreement between public employees, within a contractual framework of controlling and preserving everything that is appropriate for the public without regard to the international economic system.

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Subjects
  • Receive Date 07 February 2026
  • Accept Date 09 March 2026
  • Publish Date 01 March 2026