Volume 4, 14 part 2, Summer 2015, Page 258-603

Military and political refugee in national legislation, legal rights to a comparative study of the rights of political and military refugee as a person in a foreign country of refuge (search unsheathed)

Raad.M.Mahmood; Basher.S.Ahmad

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 14 part 2, Pages 258-331


After this our age of political and military refugees par excellence, as the numbers are increasing existence of persecution and lack of respect for human rights and freedom of opinion and expression as well as the emergence of new reasons come in the forefront of the Arab Spring, which will contribute to increasing these numbers and other problem lies in the need to respect these rights of foreigners, and we have this research on the analytical method of Comparative adopted through legal texts of national legislation which dealt with the rights of political and military refugee analysis, as has the comparison between political refugees of Iraq Law No. 51 of 1971 on the one hand and between the organization the right to Sudanese asylum Law No. (40) 1974 on the other hand, and between the right of asylum to the French in 1998 from a third party law, as well as relevant research topic laws.

Waive action or paper in a civil action A comparative study

Yaser.B.THanoon ALsabawy; Mohmad.R.Fasil

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 14 part 2, Pages 332-404

The choice of subject for a waiver or paper in the case lies in the formation of a general theory address this issue in terms of the definition and nature of discrimination for suspected from the situation and its effects.
As the Iraqi Civil Procedure Law and the laws of comparison addressed the topic in part was the uniqueness of his legislative regulation.
Also, the action, or the paper circulated as a means to ensure the substantive right, and lead to achieving justice, so the protection of the substantive right when a dispute about it and use adversaries to compromise, according to proceeded him, make him play an important role in social life and reassure in the hearts of their owners, otherwise would prevail chaos injustice and so it became necessary to overcome these difficulties by giving this issue the attention it deserves.

Arbitration as a means to settle international trade disputes


Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 14 part 2, Pages 405-443

Arbitration is one of the oldest institutions entrusted with the task of resolving disputes and resolution. Where the rights holder since the ancient eras . And the evolution of the development of international trade. Even usually become authentic entrenched in the hearts of people . Have thought being a function of the judiciary and justice and a means to resolve disputes and arbitration is the most important means by which to resolve the contractual dispute in the area of trade and As characterized by the properties and attributes of several lured many comparison to resort to what is characterized by justice and confidentiality , speed and economy and to avoid routine and traditional dispute resolution procedures in all legal systems. Those qualities made him president of investor security to dispel the fears of the specter of national authority of the host country and the risk of their use of the concept of sovereignty to initiate actions undermine gains and investor funds and contracts concluded with the national . And is considered a kind of private arbitration courts, the parties to the conflict in which their own free will and free choice as a way to resolve the dispute between them, and the selection of arbitrators who represent them and the actions that follow it and sometimes the law that applied to him .

At least the base followed in most civil law


Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 14 part 2, Pages 444-481


Although the Iraqi civil law and the laws of comparison did not know at least the base followed the most, but he can this rule be defined as when the adhesion of two things owned by different owners, the owner of the most valuable thing has other thing after paying its value to the owner and acquisitions will be provided by law and under this rule as the reason of the reasons for gaining property, but it must be sticking spend "and deal" in good faith and that there is not an agreement between the owners of two things on the adhesion and be the integration of the two things are can not be separated from each other without harm or damage and one of two things will be more valuable than the other, as that legislation Civil comparison differed in connection with the adoption of this rule, the mismatch of states directly and explicitly to this general rule of civil such as the law of the Iraqi unlike the Egyptian Civil Code and the French, as there are many legislative applications concerning this rule section of this rule section of these applications cited by al-Shara in scope Movable section and the other in the real estate domain .

The jurisdiction of the courts of first instance proceedings covered by the Real Property Claims Commission Act in Iraq

Mohamed.S.Mohamed Amen; Awad.H.Yassen Alabady

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 14 part 2, Pages 482-533

The Summary

This research is about one of the most important subjects of management law. It is an insured specialization of first aid courts proceeding including law of real state proceeding assembly in Iraq No. 13 for the year 2010 issued for solving read state litigatioin which was happened opposite to legal proceedures connected with real state litigatioin operation for real public benefit (that an appropriation law) and who holded building a new country and can respect all its people’s rights, particularly real state problems. Probably, without any legal studies dealing with that subject including academic studies side. Inserting the article No. (22) of assembly law recently executed as from date 30.06.2011 showing legal problems after passing a long period.

The most important reason of facing this important and sensible subject held by researchers which are related with properties of most of Iraqi people who are expropriated by the forme authority without any concerning right.

The target of this research was showing the legal mistakes of some legal writings of the assembly. In addition to pointing to faults of those courts in using the law. For the sake of inforcing their research they depended on the most modern legal decisions of courts interested in those great amount of litigates. As a result, showing suitable solves for the legal vacancy for absence of written regections against the legal poceedings and the size of faults in its legal designes. In an argument, the researchers tried to reply them through studying the case in a technical program way. They could show their opinions about the way of defending those who their real state were expropriated and then to cancel this legal eecuted fault happened at the same time.

We hope this legislator occupy the given advises. The God is the right and is a leader to a right guidance.

Contributions Frankfurt School In the field of international relations

Anwar.M.Faraj Mahmood; rean.R.SHaref

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 14 part 2, Pages 534-568


The Frankfurt School as a philosophical school of thought focused on contemporary humanitarian issues of psychological, social, and political aspects throughout the twentieth century, it consists of three generations of scholars and intellectuals who criticized the consumer lifestyle of the capitalist system.

The contributions of the Frankfurt School are concentrated in the field of international relations through it’s third generation of researchers in particular through the critical theory and (Ken Booth) perspectives about security issues in international relations, and other researchers like (Ulrich Beck) who have focused on providing a critical view of the phenomenon of globalization and the global community risks and issues related to global citizenship and global civil society. Their perspective is that the capitalist system has dominated the contemporary international relations, and calls for the Emancipation and the establishment of new relationships based on equality between international actors.

Women's political rights between contemporary trends Islamic

Amal.R.Mohamad; Amed.R.Fatah

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 14 part 2, Pages 569-603


This study under the title (political rights of women between contemporary Islamic trends) discusses the women’s role and position through the lens of various trends in modern Islam. This study tries to present modern views in Islamic thought about obstacles in front of women's participation in the political life. This issue is important to examine because it relates to the exercise of a significant right, which has become a disputed theme between two different trends. First trend insists on legitimate preclude of women's participation according to legitimate evidence which Islam has provided in order to protect women and restricted this right for men only. In contrast, another direction stresses on women's participation in political life based on legitimate principles and evidences. This trend is not only allowing the participation of women, but also insists that women’s participation in the life of politics is obligatory. At the same time, it replies to the classic trend. In the result of analyzing these two directions, this study wants to answer the difficulties in front of women's political participation and exercise of political rights. The significant of this study is from two aspects:-

1- this subject has theoretical values, because there were not enough theoretical discussions in political thought. It has become an important topic to study only in the aspect of jurisprudential, not in the aspect of political thought.

2- this study presents different views about the theme and evaluates these views between those who provide texts and evidence about proscription of women's political participation, and others who believe that the exercise of women's political right is a religious demand.

Based on research methodology this study has divided into three main sections, with introduction and conclusion, as following:
First section: clarification the concepts of political rights
Second section: study and classification of Islamic contemporary trends.
Third section: study of women’s political rights between the attitudes of Islamic contemporary directions.