Issue 2


Preventive protection for consumers from deceptive commercials

Bakhtiar Saber Baez

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 2, Pages 1-73

Abstract
This search deals with preventive protection of the consumer , commercials deceptive, as is well known that the commercials have an important place in the marketing of products, since they play a prominent role in raising the demand inherent in individuals and paid into the world feeling and turn it into effective demand, and it's in the model sincere play a major role in informing consumers and enlighten their will when their choice of goods and services offered in the market, but at the same time be fertile ground for producers and distributors to follow the methods of exaggeration, the temptation to highlight advantages of goods and services and their charms up often to the point of lying and deception, which would to deceive the consumer in choosing the particular good or service would not have chosen if you knew what is really going, and what was the very producers and distributors of advertising is to achieve profit and expansion, although a range of consumers is the target of ads, and these in the development of the lowest in terms of expertise and knowledge in the field of goods and services compared to the producer and distributor, has resulted in fact to some producers to the use of deception in ads for the purpose of misleading the consumer to pay to the contract, and thus appeared that advertising deception damages caused to consumers and prevent their access to information needed to make an informed decision to contract the will.
Since the judicial protection, whether civil or criminal aim to protect the victim of advertising, and wait for the injury of advertising deceptive is a negative attitude to be avoided, and can be achieved if we are able to provide proactive protection to consumers of commercial advertising deceptive, through consumer awareness and education, and also bind the product or distributor (seller) to give all the necessary information needed to enlighten the will of the consumer before the contract, and most importantly of all, put real control and effective commercials by creating a validation commercials before approval and allow the publishing, broadcasting, or displayed, so as to prevent the injury and not wait until the damage of advertising deceptive, and this is what we tried to access it through this study, so we divided your search three sections, we have dedicated the first part, to identify what the commercials deceptive and we talked through which images of commercials deceptive and deceived advertising, either in The second topic we talked about the consumer awareness and provide the necessary information, and in the third section we dealt with legal controls on the advertising business, which we have established procedures in the control of commercials, as well as we dealt with legal controls on the advertising business at the international and domestic.

Investment contracts and the law applicable to it

Jalal Hussein Anez

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 2, Pages 74-111

Abstract
That foreign investment will help most countries in the exploitation of its resources
Natural, especially developing countries, because foreign investment plays
A very important role in the process of economic development for these countries. And
Through the investment process developed countries to enter the field of states
By developing technology experience and expertise. Perhaps the most important
Forms of investment in the modern investment contracts are Penmazjha
Different and that is the essence of our subject matter and applicable law
Them. And investment contracts are contracts of international intervention
State is a party with the other party which is generally the foreign investor or
To the national whether in the form of a legal entity or natural. The law also
Is applicable to contracts of international trade also raised in the area of
Investment contracts in front of the international arbitrator. To find out the law governing
The conflict must search for the will of the parties have expressly in the contract, in the case
Absence will be the arbitrator expressly Search for law and duty
Application and through the circumstances surrounding the contract.

Plea in the case of spatial interceptor

Ahmed Samir Mohammed

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 2, Pages 112-143

Abstract
The payment without the spatial consideration of jurisdiction in the case of interceptors is superficial defenses because it is brought to litigation actions not to the origin of the right claimed or brought to the means by which to protect this right.


Requiring the Iraqi legislature in Article (74) in civil forced Code by number (83) for the year 1969, as amended adhere to this payment that shown by the exposure to the merits of the case, but fell right in and as long as this effective defenses to fall if not given before exposure to the merits of the case so if one of the objections on public order that the Court has no jurisdiction not to spatial self-executing and required by the construction to pay the opponent if the lack of competence achieved spatial consideration of the case .

Moral damage and how to prove the tort

Tariq Abdul-Aziz al-Obeidi

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 2, Pages 144-171

ِAbstract
This research indicate what moral damage and the statement of terms and images and how to prove it so as to indicate the criteria that distinguish this damage from physical damage add to the statement of the conditions of moral damage, which we distinguish from the physical damage from the special nature of the damage because it is morally latent in the soul of man, this requires research in the presence of damage to the moral and the fact that investigators must be proved and prove the amount of various elements and the means of proof. Lost between this research and the means of proof commensurate with the nature of this damage through simple legal evidence as well as the possibility of denial of this evidence, guided by the general rules for proof .

The general principles of the Convention on the Status of Forces - analytical study of the Status of Forces Agreement between the United States and South Korea

Bazar Shaukat Karim; Maroof Omar Cole

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 2, Pages 172-217

Abstract

This study entitled (U.S.–South Korea Status of Forces Agreement) examines the relationship between each of the United States of America and South Korea from both historical and international law aspects according to the Status of Forces Agreement between them. To expound the goal of the research, it has been divided into two sections: the first section highlights: (the general basics of the Status of Forces Agreement), and the second section studies the content of U.S.–South Korea Status of Forces Agreement.
The first section has been divided into two themes, firstly: to study the general principles of the Status of Forces Agreement, and secondly: to study the scope of application of the Status of Forces Agreement. Overall from these two themes we can see the general principles and the scope of application of this agreement as well.
The second section has been divided into two themes: first deals with the historical relationship between the United States and South Korea. The second section deals with the content of the agreement and the fundamental aspects for making rights and obligations to the parties of the agreement.
From the research terms, we conclude that this agreement organizes the mode of the legal relationship concerning the sovereignty and the jurisdiction, including the common interests of both parties.

The future of the Supreme Iraqi Criminal Tribunal between the cancellation and keep

Nawzad Ahmed Yassin Shuani

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 2, Pages 218-256

Abstract

That research on the subject of the future of the Iraqi High Criminal Court (1), is significant and of great importance in view of privacy enjoyed by, how can it not competent to deal with the charges against the former regime. Formed, as this court decision of the Governing Council dissolved on 10 / October / 2003, and based its founding to the TAL, which served as an interim constitution for Iraq at the time.    And became the court and in accordance with its jurisdiction over crimes (genocide, war crimes and crimes against humanity and crimes in the penal laws Iraqi window) to be the period that committed those crimes and located between the dates of 07/17/1968 and 05/01/2003. These consist of the Court from the Department of Administrative and Public Prosecution and the magistrates and of the discrimination, as a result of the accusations directed to this Court as a court created by the occupation forces and it is not independent, initiated by the Iraqi National Assembly enacted a law called the law of the High Criminal Court, which was adopted in 18/10 / 2005 to become law in force and binding, where the Court grants legitimacy to continue to consider cases brought before it.To find out the most important questions raised by many researchers and laws, must first of the question, Is this part of the Court of Judicial Organization in Iraq? Is that the court was successful in issuing judicial rulings on many of the convicts? , And whether the court had completed its consideration of all claims brought before them? Is it time to abolish the basis of the (m 34) of the Iraqi constitution in force? .

The burden of proof in legal architecture of the crime

Zeinab Ahmed Mohammed Qadu

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 2, Pages 257-309

Abstract

The main purpose, which aims to Evidence Code is to access the reality that will not come only through the process evidential of the search for evidence of criminal and submit it to the judiciary to say his speech on the basis of either guilt or innocence This is a directory means discretion is exercised by the judge of criminal authority examination and up to close scrutiny by which to estimate legal in terms of crime committed in relation to the accused or his innocence.In order to create safeguards for the accused of these guarantees is only an expression of the force of law to provide protection to its members and their freedoms.Given the importance that occupied by the rules of evidence in criminal access to the truth because the law was found for human beings and protect their interests and that is very penal provisions is to protect legitimate interests. The definition of a crime in a Criminology of the most complicated things did not give Penal Code, like most criminal legislation a definition of the crime differed jurisprudence in its definition also differed in the corners but it can be defined the crime as "an unlawful act, issued by the will of evil, decides to have a law sanction a criminal ", and then the crime on the three pillars , corner material is three elements, the act or omission with him and the result of criminal consequences of this act and the causal link between the act and the result is the mental element texture perception, selection and corner legitimate checks subjecting the verb text guilt and not subject to reason as a result.

Defamation and insults via the Internet - A Study in the Iraqi Penal Code

Muna Mohammed Ballo

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 2, Pages 310-347

Abstract
A computer-based crime can be defined as a criminal activity uses computer to log into web and assault properties or personals. It is no doubt that cursing via internet is of great interest due to the wide spread of computer, in addition most of traditional crimes are done to day via web. This modern technology lead to massive revolution and a dangerous revolution in criminal theories. It provided new means and ways for persons to commit their crimes without leaving a trace or bear efforts. One of these crimes is cursing that can be done via the services provided by internet by targeting human reputation, horour and dignity either by attracting a certain crime for the defendant or by attracting an unexpected felony and we have a curse. Either cases, publicity is a must internet is a means by itself.

Deportation geopolitical problem of water resources in the countries of the Arabian Peninsula

Ahmed Gagan AlJumaili

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 2, Pages 348-400

Abstract
That most of the Arabian Peninsula is located within the belt dry and semi-arid of the world, with high rates of evaporation and transpiration due to high temperatures and lack of precipitation is rain, which is volatile and irregular in distribution, and a large quantity of it be wasted through evaporation note that the rate of 15% of water from rainfall for use in irrigation of some crops and increase the level of groundwater, and evaporation rates exceed rates of rainfall about (35 to 100 times) as they reach those rates in the interior to about 4759 mm per year and to about 3162 mm per year in areas coastal and this is something that leads to the impossibility of achieving the balance of water or a water shortage suffered by these countries and this in turn led to the formation of food deficit and to the transitions and political pressure, many displays of national security of those States to vibration and especially that 90% of foodstuffs are imported from abroad and this is prompting these countries to move towards the exploitation of ground water and desalination of sea water and if what has been achieved piece, it may lead to resolving the part of the problem of water scarcity and reduce risks at the moment in order to satisfy part of the basic requirements and daily needs urgent, as have these states and Diane and Seoul are in their territory which are of potential water to be reckoned with tens of billions of cubic meters and is important to make use of them in the construction of dams and reservoirs and to hold the water and converted to agricultural land for the purpose of food production and groundwater recharge note that the groundwater constitute the main source of economic life and social and one of the sources of traditional generic water resources of surface and form the backbone of which will depend upon agricultural production and that 85% of that water goes to cover the need for the agricultural, the spectrum of the fact that agriculture using traditional methods that deliberately flooded the crops with water which is a big waste water and most of this, the irrigation per hectare of agricultural land needs to be more than 37 thousand m 3 of water in the countries of the Arabian Peninsula, and particularly in Yemen, while the need irrigation per hectare in dry and semi-arid than 10000 m 3 to 13000 m 3 of water and the resulting to the waste of water resources, while the operations of modern irrigation and particularly spray irrigation and drip and piped phones which reduces Aldaúat water by between 30 to 55% in addition to being works to preserve the fertility of the soil and protect it from the phenomenon of salinization and thereby increase its production of agricultural crops, and the over-the continuous consumption of ground water leads to the decrease in the levels and deterioration in quality so that led to that the rates of withdrawals have exceeded the rates of feeding in some locations and that what exploits are currently about (6) Milirm 3 Comparison of rate of fed, amounting to about 4.7 Milirm 3, resulting in a water deficit is estimated around $ 1.3 Milirm 3 which constitutes a heavy burden on scarce resources, traditional water has therefore adopted to meet the requirements of water desalination of sea water on the Persian Gulf and Red Sea, which accounts for about 60% of the potential of desalination in the world and with that water has its specificity it does not recognize political borders and geographical and movements are subject to natural factors discussed Vmsderha rain, which is the product of the hydrologic cycle, which distinguishes him any good again, and this is something that leads to disputes between neighbors about sharing its share of water as it gets Now between the Kingdom of Saudi Arabia and its neighbors, the GCC countries, Jordan and the face of this problem requires the agreements as a percentage of the rivers of international agreements that include a solution to the problems of the border first.

Internal politics of the United States of 1924-1928

Majeed Hameed Mohammed

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 2, Pages 401-440

Abstract

This research deals with crucial period in Americans life 1924-1928 that is economic recession which shaked strongly the American political entity , and president (College's) attempts to rise the economic situation and decrease the effects came out from wrong policies of his predecessor president ( Harding ) and his effects with the congress to issue laws and legislations to reform agriculture and custom.