Volume 7, Issue Issue 27 part 1, Autumn 2018


The Effect of Renting the Uterus on the Nationality of the Infant (Comparative Study)

Snariya .M.Mustafa

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 27 part 1, Pages 1-37

ABSTRACT :The subject of citizenship of child surrogacy, which relies on modern technology, has not been given importance in most countries. In Iraq and most Islamic countries generally this type of giving birth and method is contrary to the principle of Sharia Law (Islamic Teachings) and hence not popular. As states that it is necessary that ethnicity is not mixed and maintained. Despite this, in reality the surrogacy does exist among societies that were previously also forbidden among them. However, in the countries that legally allows surrogacy has also faced legal issues to proof the child's identity and ethnicity.Despite of method of birth, the right to citizenship and identity is one of the rights of child as many international treaties and convention have emphasized. Therefore, it is important to find a method and mechanism to provide child with citizenship from their designated country in order for them to be entitled for the rights given to them in the country.

The specialization to appoint the heads of administrative units and public officials under the central and decentralized administrative organization in Iraq

Ali. H.Abbas; Salh. A.Aeid

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 27 part 1, Pages 38-81

ABSTRACT :Since the states differ in choosing the administrative system which they need to apply, we find these states have chosen the decentral system and others have adopted the central system of administration or the federal system: this contrast among the states is due to the product of different circumstances that push the states to choose the suitable administrative system. Concerning Iraq which has established its modern government through successive stages depends on decentral system of administration in management and employment as a general rule, regarding the text of some special laws of decentral administration, but this has not been developing into a real form unless the law of administration of the Iraqi government had been legalized for the transforming stage of 2004, and through this work, the constitution of the republic of Iraq 2005 has emerged. But this transformation from central system to decentral system needs enough time till the administrative units within the councils of provinces could be to acquire the necessary administrative experience. And this will help these units are granted the authority to employ their officials and help them also to choose the administrative leaderships which will work within the area, besides, its administrative and financial authorities which complete the authority of employing so as to be applied legally and administratively.

The Legal Basis for the Bank's Civil Liability for Granting Credit Facilities

Mohamed .A.Abuzaid; Abdulaa. F.Abdulaa

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 27 part 1, Pages 82-99

ABSTRACT : The purpose of this research is to clarify the legal basis for the bank's civil liability for granting credit facilities. The problem of the research is to clarify the adequacy of the provisions of the Iraqi and Sudanese laws in dealing with the provisions of the civil responsibility of the bank on the granting of credit facilities and to identify the shortcomings and legislative lack of these provisions. The study has been dealt with through the analytical inductive method as a comparative study, through the presentation and analysis of laws, instructions, references and sources. The study concluded with a number of recommendations, the most important of which is the necessity of explaining the purpose of the responsibility of the civil bank and determining the nature of this responsibility in case of harm to the client on the one hand, and dealing with the responsibility of the civil bank in general on the other hand. The study recommended the Iraqi and Sudanese legislators that it is necessary to identify and indicate the purpose of the responsibility of the bank and determine the nature of this responsibility in the event of damage to the client because of his dealings with the bank or because of it.

Sovereignty and future prospects in the new world order

Ibrahim .A.Krw

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 27 part 1, Pages 100-131

ABSTRACT :Sovereignty Is The Highest Authority That Cannot Be Appealed. This Authority Is Owned By The State In Order To Enact Its Laws And Impose Them On Everyone Within Its Border. Jean Boudin Was The First Thinker Who Mentioned The Word Sovereignty. The Idea Of Sovereignty Was Born To Strengthen The State And Its Authority To Face Both The Feudal Influence At Home, And The Power Of The Church And The Empire Abroad. In Other Words, The Philosophy Of Sovereignty Was To Strengthen The Nation State. In The Late Twentieth Century, International Changes Such As Globalization And The Information Revolution, Extremely Influenced Sovereignty .
 

 

International instruments directly related to the protection of indigenous peoples (analytical study in public international law)

Shelan. T.Ali

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 27 part 1, Pages 132-169

ABSTRACT : The indigenuos people considered to be one of the companent to which areas the need to protact it at the international level similar to the protection given to some gatogaries such as Minorrities, children, women..ext, because they are vulnerable. Therefore, the international community must adupt its own protection system. And from the second half of twentythe century there has been remarked progress in the recognition of the right of Indigenous people, the International Labor Organization has adupted the Indigenous and Tribal Population Convention No107 of 1957, which garamties international standereds for the rights of Indigenous people, and subsequently revised and and aduption of Convention on Indigenous and Tribal people, No 169 of 1989. Which has been ratified by many countries. In addition to efforet of United Nation in the field of recognition of humsn rights and fundamental freedoms and the rights of Indigenous People, the United Nation General Assembly adupted The United Nation Declaration on the Rights of Indigenous People, in 2007.As aresult under these International Instrument, were adupted general international standered applied in the area of puplic and private rights of Indigenous People states must adhere to the provisions of the convention.

The objective scope of the authority of the family affairs judge in assessing the evidence - an analytical study in the light of the law and judicial work -

Mohamed .Hadjazi

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 27 part 1, Pages 170-236

ABSTRACT : The judge of family affairs as a judge has an important discretionary power to understand the facts in the light of the evidence available in an attempt to achieve a relative approach, between legal truth and real reality. This power is embodied in the assessment of evidence and before his full authority in understanding the reality of the case, And the documents presented to him correctly and balance each other, and reassuring them, without the control of the Court of Cassation when he established the judiciary on sufficient grounds to bear and justify the result that ended. This task requires the judge to know the limits of that authority in order to achieve the principle of adequacy, between the evidence on the one hand and the completion of the positive assigned to it.

The delegation of the wife in divorce (Comparative study between Islamic law and law)

Nashwan. Z.Sleman

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 27 part 1, Pages 237-275

ABSTRACT :The right to divorce is possessed by a husband. However¸ for certain conditions a husband may authorize his wife to divorce herself possessively, optionally or by pro-curation in the three divorces he possesses over her. Authorizing a wife by her husband may be express or metonomic absolutely or temporarily, in that authorization has its Shiite fact and its words through which it occurs and from which effects result. However, such an authorization shall not prevent the husband from taking issue with his wife in the number of divorces to which she is authorized and in approaching her. That the husband possesses the right to make a divorce by himself shall not be sufficient after authorizing and delegating her wife to divorce her self 

The crime of forgery by leaving

Marivan .M.Rashid

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 27 part 1, Pages 276-308

ABSTRACT :Fraud is a crime that is a violation of public confidence and lose credibility with liberators as a result of lying in it, and lying that changes the truth in the editors may occur in different ways, including material and moral. One of the moral ways in which the truth is changed is that the editor of the document, formal or customary, deliberately omits or leaves some of the data that should be mentioned in it. This is a forgery that is not recognized by sense, which requires dealing with research for its importance, Which is committed by leaving some drawer in the editor, for the crime that is committed by this act of danger to the people in their dealings.

VIOLENCE AGAINST CHILDREN IN IRAQ: THE INTERPLAY OF LEGAL RIGHTS AND REALITIES

Mohammed. M.Qader

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 27 part 1, Pages 309-334

Recently, the republic of Iraq continue to experience a surge of sectarianism and violent confrontation between armed groups a leading to sharp increase in the overrunning and takeover of several major cities in the country, which has invariably generated lots of negative consequences and government troops the country’s quest for national development. Four decades of conflict, sanctions, violence, insecurity and economic stagnation have brought development in the country to its knees. One area in which the persistent incidences of conflict negatively affect the country’s progress is the gross violation of children rights. Iraq is now one of the most dangerous places in the world for children. The intensification of conflict since 2014 has had a catastrophic impact on children in the country. Toward the end of 2015, Iraq had missed all, bar one, of its eight Millennium Development Goals including focuses for expanding school enrolment, decreasing children mortality rate and enhancing access to safe drinking water. In 2014 UNICEF evaluates that 4.7 million children in the country need aid that is around 33% of all children in the nation. Since the war started in Syria in 2011, Iraq has additionally been facilitating in excess of 245,000 Syrian displaced people, about a fourth of who are children. Very nearly 66% of Iraqi children in need of assistance are situated in regions that were formally under the control of ISIS. This paper therefore tries to explore the intersection between the rights and welfare of the Iraqi children and the ugly reality of sectarian clash and violent confrontation that have epitomized both social and political life in the country. The paper adopts a qualitative research approach with heavy reliance on secondary data which were contently analyzed.