Volume 5, Issue 17 part 1, Spring 2016, Page 1-589


(Principles of the international investment for international seabeds)

Talat.J.ALhadeidy; Kader.A.Abd

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 1, Pages 1-48

The Convention on the Sea of 1982 a number of legal principles to regulate the activities of investment seabed International, and is characterized by those principles that the legal effect specific effect wealth and tracts International Seabed located within the limits of the international zone outside the sovereignty of other countries as they are obliged to persons of private law and persons of public law, as well as persons law international, was organized mechanism to apply those principles under Part atheist ten of the Convention in accordance with articles (136-148), and most of those principles cited by agreement of the Declaration of Principles of the exploitation of the seabed and the ocean's International General Assembly of the United Nations in 1970, and took some of those principles in nature totalitarianism and the public in terms of the effect on all the activities that take place within the limits of the international zone. then came the New York Agreement in 1994 to being a fundamental change on the most basic concepts of the principles of international investment seabed in accordance with the requirements of the ideology of capitalist ideology and the interests of the major marine and technical.
To know the legal implications of the principles of investment seabed International after the entry into force of the New York Agreement 1994 on the implementation of Part atheist ten of the Sea Convention in 1982 I thought I search studied in five sections in addition to the Study of preliminary and said some of the conclusions drawn from the body of our research culminating in the stated number of proposals in the hope that contributes to our this humble reality in the development of the international legal regulation in the field of international investment for seabed under international competition among countries and international companies and conflicts of interests towards working in the area of international seabed as a result of the largesse of its mineral wealth of abundance and high price.

Terrorism and international efforts to combat it

Salwa.A.Maydan

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 1, Pages 49-105

It can be said that terrorism is a real danger the old Alhadeg talk that has plagued and plaguing communities and nations and individuals of all, it is very unfortunate describe the phenomenon of terrorism Haditha and traced to events Spettmr 2001, but had existed between the Western countries first before this date, completeness violence used it illegal force Apart from the end, which is often aimed at ending the structures Althitah of the state, which means that this phenomenon is not restricted to Abakanon not the morality nor religion, but has become a tool for achieving the goals and Tohat some people are unable to achieve through lawful means, which made many people confuse the concepts that are approved by international humanitarian law and the concept of international terrorism, so we decided to go into the midst of this matter, hoping that we reconcile it, according to the plan set out in the forefront of research.

The legal system for the public employee strike in Iraq   (A comparative study)

Mohammed.S.Mohammed ameen; Nozad.A.Yassen ALshwany

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 1, Pages 106-160

Strike is one of the modern issues in the public fields in Iraq and Kurdistan. It suffers from many short comings, because it is not arranged by specific rule, but rather there are published texts which are not current, the majority of the rules texts are meant to organize the strikes of the workers in private sectors and the other rules are related to the government al employees that our research tries to study precisely with scientific program.The research has reached some conclusions, the most important ones are, the legality of strike in Iraq is reiterated by the texts of the constitution and international rules, that Iraq is a member in it and supported it by the rules. The employees can practice their rights according to the rules and there should be the cause of strike like a professional and legal claim, we should differentiate between a peaceful legal strike and an illegal strike that must not be practiced in any way, because it stands against the principles of managing the public constitutions.The research suggests to the legislators of Iraq and Kurdistan to put out a specific rule for strike of the governmental employees and in this rule there should be clarifications about the regulations, arrangement and preparation for strikes in a way that can help to obtain this right peacefully within the framework of protecting the continuation of the activities of the public machinery.

(Procedures for the appointment of portfolios under the Law of Governorates not organized in Region No. 21 of 2008 amended)

Ahmad.K.Hamedy; Husain.T.Malalla.Alazawy

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 1, Pages 161-191

Abstract

the governor post considered As the head of the top executive in the province as an important post within Iraqi administrative occupation, the Governorates law relating to non-organized in region No: 21 date 2008(modified) came with new approach to occupy Governor post in Iraq Through giving great role to Governorate council to elect the Governor to in hens' administrative Decentralization of the central system was prevailing in Govern no rates law In the process of appointing conservative in light of in Governorates law NO:159 date 1969(abolished) exclusively in the post procedures.
Has identified provincial law in force several measures by which the appointment of the governor, so we try our search through this humble shed light on those procedures to mind a recent experiment taking place in the provincial councils after 2003.

Constitutional restrictions on the authority of the federal government to sign treaties A comparative study

Zana.R.Hama Karem; Adnan.A.Kader

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 1, Pages 192-228

Abstract


This article explores the constitutional roots of the treaty-making power of Iraqi and the US constitutions. Undoubtedly, with regard to international relations including making treaties, the federal government is on a better foot to represent the whole people of the state. The scope of the treaty making power is not controversial in unitary states, because there is only one centralized government practicing sovereignty in making treaties. In federal states, however, there is more than one sovereign body within the country, and in subsequence the federal government should always avoid encroaching on state reserved powers. The threat of unlimited treaty making power has strongly appeared as a parallel to the dramatic changes of contemporary international relations, and this relatively pushed law scholars and judges to reconsider the treaty making power. These judicial and jurisprudential disagreements about the treaty making power and its limits are the core subject of this paper.

The legal nature of the parliamentary question ((An analytical study))

Adeb.M.Jasim; Amer.A.Abd Bashr

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 1, Pages 229-266

abstract

The study of the question Parliamentary can not take place without
that they can be to identify all the legal dimensions of the term question Parliamentary on according to what is prevalent in the framework of constitutional law studies, and analysis of the elements of this term and Mstmlath and its dimensions and objectives and rationale and its importance and all other aspects that embody what we might call the theory General question Parliamentary, so the understanding of the exact depth of this data will make us a clear picture to keep a term that went along with the constitutional jurisprudence to repeating in their compositions and defended it in their research and studies, but it is the term "parliamentary question" which came this study is to try to address the dimensions of this term out It is another to discuss the availability of the idea of the constitutional organization of the Parliamentary question.

Legal effects of criminal reform

Wan.A.Wan ismail; Rabah.A.Khaleefa

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 1, Pages 267-296

ABSTRACT

Bottom line, that the Criminal Magistrate is one of the most important means of non-judicial criminal case management, which would alleviate the burden on the judiciary, through what impact it has, is the passing of the general criminal case arising from the crime replaces Magistrate simplified and clear procedures lead to the separation speed of the without a way of criminal proceedings, in addition to what is left of this system on the other positive effects it is to absorb the response of social reaction to crime through financial compensation and bring the parties to the criminal case and to spare the accused Trucial stigma inherent in criminal conviction, but hide the economic impact of this system being relieves the accused expenses and expenses the lawsuit along with alleviating the burden of the economic state in this regard, at the same time can not ignore its role in reducing defects sanctions negative liberty of short duration. This tried researcher statement through three sections addressed in the first section the definition of criminal conciliation, Vttrq to mean the language and idiomatically, while singled out the second part, to demonstrate the impact of the Criminal Magistrate on the criminal case, it handled this effect for the fate of the case as well as for their actions as well as a statement that impact for the edges along with the fate of the seized for the offense stuff, and devoted the third section of the impact of the Criminal Magistrate's a civil lawsuit, where the impact on the civil claim during the primary stage of the investigation, along with a statement that the impact on civil prosecution during the trial, as well as the extent of authoritative decision judge reconciliation, and in the finale Find The research noted the most important findings and recommendations reached by this study.

The legal position Facing Process of artificial Insemination And Surrogacy

yasir.M.Abd alla; Khalel.A.Hasuin

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 1, Pages 297-378

Abstract

we dealt with in our research that marked (The position of the law of the process of artificial insemination and surrogacy) in two sections and a conclusion, we talked at first section about definition of the process of artificial insemination, which is a evidence of industrial scientific progress in general and especially medical Because it aims to save the human species and that is what is aimed heavenly religions and all human laws nd It is clear to us that artificial insemination is several different processes are under fertilize an egg by sperm without normal sexual contact, and then save them even implanted in the womb after this.
We talked about the types of artificial insemination, where he has several types depending on the intervention of women in her body during pollination or non-interference where divided in terms of the direction we are considering to the subject as place of vaccination (womb) is divided into artificial insemination indoor and outdoor and as insemination material (sperm, egg) is divided into insemination by spouses water and another with non-spouses, water
and as the cause of insemination is divided into processing means for poor fertility of men and the other to address the weakness of women's fertility Division on the basis of place of pregnancy: in wife insemination and the other in another insemination...and another inside the test tube and we follow in our IVF divided by place of occurrence of pollination and divided into artificial insemination internal between spouses or others. external and artificial insemination between spouses or non-intervention and the end of the pregnancy to the detriment of others called the process of surrogacy for each of the artificial insemination of internal and external have multiple pictures and we talked in the second topic, the legal position of the process of artificial insemination, and talking about the position of the Arab and western legislation and the position of the Iraqi legislation of the process of internal artificial insemination As well as the position of this legislation from external artificial insemination process, as well as the position of the surrogacy process and we knew that the Arab legislation devoid of any regulation of these processes except the Algerian and Libyan legislation, And Iraqi law as well as the absence of reference in any special law or any other law to the process, which required us to invite the distinguished legislator to the legislation of a special law in this process and that the legislation will be based on the principles and traditions derived from the customs and beliefs of the Iraqi society in the form of a set of legal rules stable and secure that govern society, taking into account that it does not violate the provisions of the Islamic rule, which belongs to our community and in our most important conclusion conclusions and recommendations to be the end of this search.

International Organization of Supreme Audit Institutions and its role in reducing administrative corruption

Mohamd.Y.Saaq; Mustafa.S.Alnjefy; Hamdon.M.Kasim

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 1, Pages 379-414

Abstract:

INTOSAI represent the common voice of all member SAIs INTOSAI organization and in the field of public financial control. It also works to strengthen relations in the area of responsibility for account management, direct and also cementing Alforeigh.oosubh organizations with the subject of fraud and corruption attracts the attention of nations around the world are increasingly. And is subject to the supervisory role in directing the attention to strict control. There is a growing expectation that the devices active role in the process of promoting a culture that appreciates the responsibility and accountability through the exercise of Sulth .walantosaa was founded in 1953 and teamed Iraq to its membership since its inception position the Austrian capital Vienna and its membership includes senior oversight bodies in the Member States participating in the United Nations and the Organization's vision that works to support good governance by enabling regulators to help their own governments and to improve performance and enhance transparency and ensure accountability and maintain the credibility and resist corruption and promoting general confidence and encouragement to accept and use of the effectiveness and efficiency of public resources for the benefit of their people.

Criminal protection of human organs (comparative study)

yasir.M.Abd alla; Njwa.N.Jamal

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 1, Pages 415-458

Abstract
Most punitive legislation has criminalized assaults located on the members of the human body to the fact that the attack on one of these members is an assault on the body as a whole , and to achieve this protection has this legislation surrounding the human body range of legal texts by criminalizing acts that represent the encroachment on his recovery , both of these actions led to inflict damage to the whole body or to detract from the benefit of some of its members .
In this sense, the idea of research on this subject to show the effectiveness of the criminal laws of the consecration of the criminal protection of human organs , and to highlight the extent of the need for societies to the new legal texts able to cope with emerging crimes , crimes sale of human organs and traded , which made members of the human body parts or commodity trading in the hands of criminal gangs .

Hence the choice of the subject of the criminal protection of human organs and stand on the position of the criminal laws , or whether the Arab Bank in the face of trafficking in human organs , and the extent of the protection guaranteed by the laws of human organs came. The results and recommendations at the end of the study based on what we deem necessary to contribute to the fight against this crime and the prosecution of offenders perhaps find their way into the light of God and reconcile ...

Guarantees of Expiration Constitutional Rules

Sdaa.D.Tokan; Abd alsamad.R.Zankna

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 1, Pages 459-483

Abstract


This research paper deals with expiration constitutional rules guarantees twain based on:
First: deals with concept of separation between authorities, since we clarified a conception of this concept, which means non-concentration of the state legislative, executive and juridical functions in one hand .
Second: deals with censorship on the constitutionalism of the laws since it was divided into political censorship and juridical censorship.
Third: included mutual censorship between two legislative and executive authorities.
Four: public opinion censorship.

Criminal justice in the private complaint

Ahmad.M.Ali

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 1, Pages 484-538

Abstract

The contemporary whether those which deals which individual accusations system or general accusation, have sustained making criminal lawsuits in some cases until the victim makes a complaint even if this differs in type of crimes.
We should not forget that when the legislature sustained making the complaint (suit) in these crimes until the victim does, then the legislature has taken in to consideration the accomplishment of justice or he would not have made the private matchers prevail over the general one, which the legislature pursuit as a philosophy punishment of crimes.

Amnesty measures in post-conflict countries

Abd alla .A.Aboo; Amjad.A.Hussin

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 1, Pages 539-589

ABSTRACT
In post-conflict phase, some countries are based on a number of mechanisms for peace-building and reconciliation, one of the most significant mechanisms is the amnesty procedure, whereas these procedures are submitted to the discretion across countries emerging from conflict, through preventing the prosecution of crimes’ perpetrators to avoid disputer turn. It can be argue that there are some countries that have expanded the ambit of the amnesty which covers all committed crimes even serious crimes, including genocide and crimes against humanity and war crimes. Nevertheless, other countries have narrowed the scope of the amnesty, in order to fit with its obligations in the field of protection of human rights; these states have been preventing to insert serious crime within their projects to achieve peace, whereas amnesty tools have varied, whether comprehensive or partial amnesty, It has a drawer under the peace agreements or within the same amnesty rules or through recommendations of truth and reconciliation commissions. It is important to mentioned that the position of international law inhibitor of the inclusion of serious crimes within the scope of the amnesty across a range of treaties that prevent any form of amnesty for serious crimes that violate human rights.