Volume 5, Issue 16, Winter 2016, Page 1-671


Remnants of War explosion arising from the use of prohibited weapons in the light of international humanitarian law

samir.B.Rashed

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 16, Pages 1-44

The remnants of war explosion considered of issues that cannot be ignored in the post- armed conflict, which constitute a great danger and strong adverse on humans and the environment for many years in the areas of post-armed conflict, which is also hinder reconstruction efforts and social and economic development and can cause environmental pollution, hence the seriousness of this waste which are different in forms, colors and sizes and in terms of quantity, quality and the need to prevent evil irrelevant in dealing with legal and human and moral obligation to deal with internationally prohibited weapons, and to provide the appropriate environment to people to live their lives safely from the threat of risk remnants of war ammunition and explosives caused by armed conflict, searching in this topic came from the accession of the Republic of Iraq to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be considered to Be Excessively harmful or to Have unsystematic Effects and attached protocols, which entered into force on 02.12.1983, and to draw attention to the problem of explosive remnants of war.

Legal methods to protect against noise - A comparative study -

Ahmad.K.Hamedy; da.Y.Kader

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 16, Pages 45-93

It has become the subject of anti-noise and achieve legal protection of public tranquility of topics and live the mission in recent times, especially after the recent technological developments in the invention of many of machinery and industrial plants updated noise, with the proliferation of numerous violations in the use of car horns as well as the concept of the false freedom for some people in the practice of what he wants from the craft without worrying about the comfort and tranquility of others. , under all legislation scheduled for protection from noise, with a statement of deficiencies and shortcomings that marred those texts and the demand of the legislator modified in proportion to the damage caused by noise and to activate these texts and apply them to the ground.

National regulatory authorities on the adjustment of administrative procedures (analytical study)

Abd almalk.Y.mohammed; Mohammed.K.Tofek

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 16, Pages 94-152

Abstract


The Purpose of the administrative police authorities is to protecting the public system in the society of its various components such as public security, public health and public tranquility, It’s obvious that these authorities can achieve this purpose only through the procedures practiced in this regard and the fact that these measures, despite of its importance to the community but it may involve violations of the rights and public freedoms and this is what leads to a collision between protecting the public interest and the administrative police authorities which restrict the rights and public freedoms measures and to ensure that the individuals will get all these rights and freedoms, which requires it to find the challenge ways of this collision so that reduce the negative effects of the practice of the administrative police authorities functions at the same time to protect the rights and public freedoms.
This protection may take many and varied images of the substantive and formal terms and it may be at the domestic level or at the international level.
We will try in this study shed light on how to protect the rights and public freedoms and assurance about the administrative police authorities, traditional and non-traditional purposes to be achieved through these measures and decisions taken in this field, and try to put dividing line between them to prevent the sacrifice one of them at on the cost of the other.
At the same time we are searching in the legal foundation for the protection and guarantees, both in the domestic field such as “ Constitution and legislation” or in the international field such as “international covenants, agreements and international decisions”.
After that we will try to review the oversight methods used in the countries to protecting the individual rights and freedoms and the reduction of seizure proceedings from international means oversight of United Nations international organs as a system and the oversight of non-governmental international organizations, on the one hand, and on the other hand, offer parliamentary oversight , judicial oversight and political control, internal means of control which integrates them completed control system in this field.
At the end of this study we include the main conclusions and proposals that we have reached.

Defamation online legal A_kalath in Iraq (A comparative study)

Nozad.A.ALshwany; Kashaw.M.ALbrazanji

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 16, Pages 153-208

Abstract

When considering Legal Systems And the constitutions of other countries around the world, we find it has developed legal protection of human rights and freedoms, but nevertheless this right threatened by the technological progress and infiltrated because of the act of technological development as the other fake ones (not real), And there are some people took advantage of this development by contacting the modern devices modern to commit electronic crimes and including insults and verbal abuse, slander and thousands sites emerged from that meant social communion There are sites that specialize in broadcast rumors, while others may specialize in the deployment of family and personal images , With this significant increase in the websites has increased to commit a crime for defamation Using it, which means many of them in uncovering the secrets of people without their consent or publishing photographed on occasions became accessible to everyone through the display at those sites and some in the defamation may find a way to compromise in the exploitation of such information for the purpose of extortion and very healing hatred and intended to abuse of reputation where surprised a lot of people to publish those pictures and personal data without the approval of the display, and often can not figure out the source the danger of the commission of these crimes by the rapid spread of the Internet in the news and not to control it.
Although the Iraqi constitution of 2005 guaranteed freedom of opinion and expression in the text of the article (38) of it, but it is recognized that Nothingness of rights and absolute freedoms, so we find the Iraqi legislator offense of libel and defamation in the Iraqi Penal Law No. 111 of 1969 of Article 433/1, like other comparison legislations.
The importance of research lies in practical and theoretical point of view, it is in practice, raises the crime was committed by the Internet legal problems, several of which the problem of determining jurisdiction and applicable law, and the difficulty in charge of the commission of the crime to determine, but in theory, highlights the importance of the study to determine the adequacy of the current criminal provisions to prevent the commission of the crime of defamation via the Internet and to deter perpetrators, Does the criminal provisions of substantive and procedural chive the ends. or to modify the text as to harmonize the current technological development?
It could be limited to the problematic research on the subject through some of the questions include it, including the following: -
• Are rules sufficient general contained in the Penal Code and the special offenses of defamation to contain and whether this tremendous development has succeeded in containing the violations that occur through the use of the Internet.
• The technological development and information does not require the intervention of the legislature preclude the use of this evolution.
We tried to adopt an analytical methodology in the analysis of criminal texts in Iraq and compared the legislation comparison, and research of rationing reached in this matter and especially the United Arab Emirates and the US legislation.
We have divided this reseach into two sections, the first dealt with the definition of defamation and legal dilemma for the offender, either, as we discussed in the second topic in comparative law and the judiciary in this regard, and finished the the conclusion we have included with most important conclusions and recommendations.

Illicit means to interrogate the accused

SHema.Z.Mohammed

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 16, Pages 209-256

Abstract

The interrogation of the accused of the most important criminal proceedings , particularly in the investigation stage and he most important way to pave the way for areality show either prove the charge or to pay for the accused and questioning his private nature are unique from the other and has many safeguards that must be observed so as not to ichebnullity and thus invalidate the evidence derived from it and almukd that illict means to interrogate the accused of the torture and sek electirisity ,it is worth mentioning that the conditions for the selection of investigators must be characterized by a number of features necessary for the success of the investigation which is the need to investigate as amessage of faith in the reality show with an aura of fairness and strong personal show of neutrality impartiality and speed of delivery and the power observation and order and good of morals and sobriety and calm.

Economic responsibility project director at the Economic Crime

Saad.A.ALmosaa; THolfkar.A.Rsan

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 16, Pages 257-316

Abstract

There is no doubt that the security of the community is a healthy phenomenon at the same time is extremely dangerous, as it became Find the security of the community economically end, which rise by decision-makers to the right path, but that the security of the economic group may Sama to be contested by the kings and leaders and fools, and when I read what the economic situation now in Iraq after he pored over Gore yesterday and today remind us then to look at the subject is his prized in the treatment of pain plaguing us time and again, as it touched the phrase (austerity, saving compulsory, bankruptcy, collapse) terms almost a load requires a society afford and manageable and adaptation to be the foundation upon which future generations, hopes, and perhaps this is what prompted me to look in the topic Mabsoot on a mattress search -msaolah economic project manager in the crime-economic in order to stand up to this crime and its dimensions and the basis of the award of the offense to the actor as mingled we assign the deed to the perpetrator and here arose the question of the original actor and the actor moral and co-responsibility on the basis of fault and liability based on risk. When can be assigned this punishment to the actor, and consistent with that we have found in this thread full certainty doors and its most effective in repairing the economic situation miserable deteriorating for the Amir of our country, we have come to a conclusion and recommendations perhaps be Mdharaa against those who try to compromise the security of the economic people.

The role of humanitarian organizations during internal armed conflicts (PMI model)

Bareez.F.Yones

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 16, Pages 317-351

ABSTRUCT

This paper discusses the role of The International Committee of the Red Cross (ICRC) during non-international armed cnflicts. Such conflicts cause the involved states huge sufferings as they (the conflicts) leave severe damages with the victims physically and morally. In the essay, the concept of international organisations has been considered in addition to debating non-international armed conflicts.Moreover, adefinition for the ICRC and its emergence have been given. Finally, we have shown the ICRCs task and its jurisdictions during non-international armed coflicts.

Rule of constitutional judge in protect rights and public freedoms

Abd alsamad.R.Zankana

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 16, Pages 352-412

Abstract
It was a decision to establish the Federal Supreme Court does not agree with the spirit of the age, but with the necessities of logic, so as to reduce the excesses of the legislative branch and the executive branch. What our concern on the determination of what is going on earthquakes and wars and strife and corruption, and the rest are legitimate analogy, but al-Qaida in its broadest sense. In the existing state of law and institutions of democracy must be safeguards against public citizens' rights and freedoms. The Constitutional Council is particularly constitutional judge is the authority that limit these abuses and thus turned without exceeding their powers so that does not pose a threat to citizens' rights and freedoms. Therefore, the constitutional council and constitutional judge took a large volume in the democracies of the post-World War II as an arbiter between the legislature and being Altnivehbaladhavh to prevent the legislature override constitutional rule and the limits of Atjaz itself nor any other authority to exceed.
It is through the new role of constitutional judge, another concept of the constitution emerged as a guarantor of citizens' rights and freedoms as through such control has become a constitution is a cornerstone in the building of the freedoms and rights of citizens, and that without to prove and collateral have only the desire of the parliamentary majority controlling interests in the parliament and the rapid changes imposed by the constitutional judge through control conducive to the human rights and freedoms, and how the crystallization of this new concept to the Constitution, and make it a key pillar of those rights and freedoms? This is precisely what in this research is marked by the constitutional role of the judge in the protection of rights and public freedoms.

Amend the constitution A comparative analysis

Senbal.A.Ahmed

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 16, Pages 413-457

Abstract
describes the constitution as the supreme law of the state, hence the amendment of this law is indispensable to cope with the changes and developments that may arise on the political, economic and social conditions in the state, however, that the method of amending the Constitution vary depending on the fact that a flexible constitution or static but vary from Constitution rigid to another depending on the difficulty and complexity of the procedures to be followed in the amendment. While the flexible constitutions modulate the same procedures to be followed in modifying the ordinary law, and by the relevant authority sometimes, thus fading difference between them and the ordinary law in this aspect and traditional examples of flexible English constitution constitutions, noting that the recipe flexibility is not associated with the presence and naught constitutions is the blog, a blogger and a flexible constitution at the same time might be when the legislature is not required to modify special procedures including the French Constitution of 1814 and the Constitution of 1830 and the Constitution of Italy for the year 1848 and the Soviet Constitution of 1918 and the Constitution of the Irish Free for the year 1922. Fiqh and contrast the position of determining the competent authority with a parallel constitutional amendment Systems variation along with the flow of work in some constitutions to ban text on amending some of its provisions as an absolute or during a certain period from the date of entry into force of Amateur under certain conditions experienced by the state..

For ratification of the Convention on the Rights of Persons with Disabilities and effective implementation of legal measures

Nader.A.Mandel

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 16, Pages 458-515

Abstract

In this research, we seek to shed light on for ratification of the Convention on the Rights of Persons with Disabilities and effective implementation of legal measures, within the framework of three sections, we'll explain the legal measures that States must be taken at the international and national levels for the ratification of the Convention, and we will show the desired states measures taken to implement the Convention in the national legal system, the basic characteristics of the monitoring system and national implementation provided for in the agreement with the statement of the aspects that may require the adoption of legislation or amendment, and we conclude this research conclusion show where the most important conclusions of the necessary recommendations for the ratification of the Convention on the rights of persons with disabilities and implement them effective.

Lease seasonal As an exception to the Property No. 87 Rent Law 1979 average

Abrahem.A.Fathi; Ahmed.M.Sadek

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 16, Pages 516-538

Summary

Meant by "seasonal lease contract" entered into housing up to the summer tourism or recreation or for a limited period and lease seasonally one of the transactions that have spread among the people, especially investors, whether they are owners or tenants decades.
Because of some of the interventions in this matter, including the rent seasonal contract is a contract is not subject to the legal extension and not subject to the base wage determination any realization of the principle (pacta sunt servanda), to avoid the reluctance of venture capitalists from investing their money in the field of tourism (tourism investment), all made rent seasonal held a lease of a particular kind exceptionally not subject to the provisions of the Iraqi property No. 87 Rent Act of 1979 as amended by Law No. 56 of 2000 but must be subject to a special law by strictly regulates its provisions from all sides and in line with the end of this decade, and thus Considering the law which regulates the rent seasonal contract is an exception to the exception, and this contract has the conditions of validity contract and has the privacy terms of the duration and place of the contract and ends rent seasonal held natural finish for other contracts and is implemented, that each party shall implement the commitments approved under the contract, either completion work Headquarters or at the end of her term.

Arbitration eliminate the inherent commercial disputes

Hewa.A.Hussain

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 16, Pages 539-595

Summary

Currently, the free trade-oriented relationships whether on the national scale or the international one have cecreted a specific kind of disputes settlement that is fully compatable with the commercial cases: Arbitration.
Owing to the potential characteristics of commercial transactions it got an utmost necessity for the commercial disputes to be adjudicated by an optional way achieving the interests of the traders so far. Thus, arbitration was the suitable aimed mechanism that provided the due pragmatical remedy.Its widespread throughout the world is the best, claear-cut indication for its success irrespective of the magnitude of differences between the legal settings it works in.
This paper explores the significane of arbitration and how far it is in harmony with trade.It is a key-points research on arbitration in its different phases from the beginning to an end.It, mainly, recalls the pressing need for much more profound arbitration-related studies and enacting Arbitration Law in Iraq.It pairs another simple notion to the above mentioned theme: trade boom doesnot mean to be prosperous only in trading, but also in all the supplementary auxiliary tools commercial life requires, on top of them,ARBITRATION.

The role will Streptococcus in the stage of negotiations

Hassan.A.ALtai

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 16, Pages 596-629

Summary
Negotiations arise as a result of the desire of the parties in the contract, and this desire is derived from the will of the negotiating parties, where the negotiating parties attempts are being made to reach a mutual understanding between the two parties to stand each other on the willingness of each party to accept the terms of the other party.
We see that the will of a key role in the contractual negotiations, as the negotiations go will arise when one of the parties to engage in order to reach the final result of negotiations, a contract planned.
The role will also emerge when the directed the will of a people to call to create a contract or any legal act, and draws the will of was invited to accept this invitation and enter into negotiations, and as the negotiations subject to the principle of freedom of contract, they occur with the consent of the parties and their will and without any coercion or force, the will of free individuals to enter into negotiations or not to enter it, and the free will to withdraw from the negotiations (on the condition not to harm the other party).
Also means or formula followed by the negotiators in the negotiations does not abide by following a certain way, free will is that these negotiations take place directly through Almchaffhh or word or can be conducted through the exchange of correspondence, messages or correspondence, or any way determined by the will of the negotiating parties.
The bottom line that he could tell that the will of the leading role in the negotiations since the intention and the will to engage in these negotiations and the period that the negotiation be there until the end of the negotiations, either the failure of these negotiations or the conclusion of the final contract, a goal that went to the will when they enter negotiations.

Turkey's water strategy in the early twentieth century and atheist

Kamal.A.Hassan

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 16, Pages 630-671

Abstract

We accomplish the research which show the goals of Turkey in both internal and external levels, and what the damages that will results to both Iraq in all different aspects of life and economy.
For that came the efforts of Turkey to promote a wider and bigger rule in economical, political and diplomatic dimensions in Iraq, in order to find a state of balance between its economical & security .
The Kurdish issue remains the axis of Turkey's regional policy in Iraq, which makes the using of water factor a sort of using one of the most powerful means to guarantee its security in general.
Although all the unannounced justifications by Turkey , but in fact , there will be no real solution to the water issue in the region on a long scale unless by real cooperation among those three countries in developing and administrating the water sources based upon a mutual foundations of good neighboring , economical and security integration .