Volume 7, Issue 24 part 2, Winter 2018, Page 1-428


The influence of eschatological prophesies in the violence of religious fundamentalisms

Shitaewy.A.Humood

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 2, Pages 1-42

eschatological texts and prophesies have a significant effect on the formation of attitudes, perspectives and ideologies of the fundamental trends in all religions, and participating in its violence for many reasons, such as: the literally reading of the holy texts, fundamentalists faith that they are the persons whom should take those prophesies on their own responsibilities, the high level of religious tensions of eschatological prophesies and definite belief that these prophesies are uncountable as it should fulfill without any attention to its historical and contextual particularity.

The use of force in the neoconservative doctrine (New Century American Model Project)

Rebwar.K.Mahmood

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 2, Pages 43-73

Neoconservatives is one of the most important intellectual-political group, is working on the creation of several projects, including a global goal to achieve global leadership of the United States of America through the use of force in all its forms. Among the most important projects of this group is (The Project for a New American Century), which is working on the impose of U.S. hegemony and focuses on the full and literal application of the planned strategic model based on the structuring of contemporary international system, which is working towards Unipolar system considerations. Through the use of force against countries and groups that United States views they are working against the U.S. global interests. The aim of all of those projects is to ensure that the United States can control the world's energy sources.

Legal implications of the arbitration agreement

Muhammad.SH.Mahmood

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 2, Pages 74-97

It is widely accepted that court litigation process is complex and time consuming due to the multiplicity of courts degrees and the kinds of competence, the long appealing process, and the problematic nature of judgment enforcement. For the aforementioned reasons, litigants may prefer to settle their disputes by arbitration rather than court litigation.
Arbitration agreement could be reached before the dispute arises, in this case the agreement comes in the form of contractual clause included in the contract itself. In other cases, the arbitration clause maybe agreed upon after the dispute arises in an independent agreement from the binding contract.
Arbitration agreement may have usually dual legal implications. On the one hand, this agreement, as any contractual agreement, imposes legal obligation on the contractual parties, the so-called ‘positive affect’ of the arbitration agreement. One the other hand, the subject matter of the dispute for which the arbitration agreement reached upon will not be possible to be heard by the ordinary courts, and this is called the ‘negative affect’ of the arbitration agreement.
To sum up, arbitration agreement clause, either the pre-dispute agreement or post-dispute agreement, means that the contractual will of parties intends to build two legal implications;
First, prevent the competent from asserting jurisdiction on the subject matter of the dispute. This agreement has a preventive affect which means that a court judge will seize to hear the dispute if he finds an arbitration clause in the contract.
Second, contractual parties should adhere to the arbitration award willingly. The losing party should not bring proceedings again before ordinary courts to seek redress on the same dispute which is settled by arbitration previously, because the arbitration award will have the same the legal enforcing power as same as court judgments.

Political moderation according to the civil state approach

Rana.A.ALshugari

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 2, Pages 98-119

ABSTRACT :
Perhaps one view of the Arab world today reveals that one of the victims of the current conditions in the region is the decline of political moderation and the emergence of all forms of extremism and militancy, so that the moderates are in a position of weakness and weariness. The moderate discourse is unconvincing to anyone, and each party regardless of its nature and essence, highlights aspects of its extremism , With one look and deep in the Iraqi political scene, we feel that everyone is becoming increasingly tense and hard , Perhaps one of the dilemmas of the Iraqi political scene today is the emergence of all tendencies of extremism and decay All forms and the modus operandi of political moderation. Who seeks the popularity and social support of his ideas and projects, finds that there is no way for him to get all this, except militancy and distance from political moderation. Extremism does not build a reality of qualitative power, but it loses the existing power, without being able to create an alternative force. While moderation is based on the practice based on facts and facts , Man moves according to the facts and facts and reality, so it moves according to its potential and accurate reading of reality and the reality of the community , Thus, the basis of political moderation is realistic, the approach of the civil state, For any classification or narrow loyalty .

Commitment to information in tourism contracts

Kusay.S.Halal

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 2, Pages 120-171

A lot of people choice the tourist trips as the best way to spend their holidays times, by enjoying with trips which organized by specialized agencies, inside the state , and often those kick off for foreign countries.
One of the obligations of those agencies with their clients, the obligation of information, within the stage of composition the contract, or its implementation stage. This obligation imposed by the contract conditions, and the requirements of justice and good intention.
That the client is a weak part in the contractual relationship shared with a professional part, that has a wide experience, thereby required to give those informations to the clients, to avoid the physical and material damages, and even moral.
But the prejudice to that obligation give the client the right to move his lawsuit for demanding compensation for its damages, even those damages caused by persons assisted the agency to implement its obligations.

The legal dimension of the worker's right to use personal e-mail at work

Yasir.A.Alfutehat

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 2, Pages 172-228

Definitely the acceleration in technology makes the internet possible to be handled by every person who, by means of it, can communicate to every person and company. However, this development has negative aspects concerning deficiency in legitimacy embodied in the capability of reaching personal information whether they are (photos, documents, personal accounts ….atc) or official documents and information of other companies. Companies’ managers and employers who commit the breach, claim that these breaches are for the benefits of the employees, but these breaches lead to the emergence of conflicts of opposite interests embodied by the right of the employer to keep secrets of his/her trading project and the right of the employee to preserve the secrecy of his/her private life.

Parliamentary Confidence and the Ministry (Comparative Study)

Esam.S.Alubaidy; Daolat.A.Abdullah

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 2, Pages 229-290

This research aims at clarifying the effect of confidence of the Parliament upon the ministry in terms of its inauguration and continuation in the State rule. In fact, the ministry, in several systems, particularly the parliamentary and mixed systems, cannot exercise its constitutional competence except after obtaining of confidence of the Parliament. At the same time, its continuation in the State rule depends on this confidence which has a clear effect in relation to implementation of the political ministerial responsibility; including the individual and solidarity responsibility. This requires to distinguish between the various demands of confidence which may be divided into two main sections. The first is the demand of granting the confidence which is mandatory after the establishment of the government (investiture vote). The second is optional when the government or the prime minster raises the question of confidence in particular occasions as the proposal of drafting a law or discussion of the Government Statement (vote of confidence procedure). In case of refusal of the Parliament, this leads to withholding of confidence (not withdrawal of confidence). This also lead to the procedure of vote of no-confidence (withdrawal of confidence) which asked by the members of Parliament in face of the government or the minister.

Judicial immunity of the commercial arbitrator from civil liability as compared to the judge's immunity

Bssam.M.Tubaishat

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 2, Pages 291-319

This study indicate the scope of judicial immunity Commercial Court of Civil Liability for refereeing errors compared with the judicial immunity granted to the judge the fact that both the function of judicial as arbitrator of trade is the function of a temporary court, a resolution of the dispute between the parties to the litigation but the judge is the function of judicial permanent and formal than by the state. One of the most important findings of the study is that the judge is generally immune as long as the judge and his immunity is not absolute and commercial arbitrator immune during the arbitration hearings only.

Criminal responsibility of parents for neglect and delinquency of children (study in light of Iraqi law)

Emad.Y.Khorshed; Shemai.M.Rashid

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 2, Pages 320-347

The study included a study on the neglect and delinquency of some children due to neglect and negligence of parents. We decided to investigate the issue by determining the behavior of parents, which leads children to neglect and deviation and to conform with the legal texts that criminalize behavior. Is criminalized in the Criminal Code, leading children to deviate, and judicial rulings relating to the subject have been analyzed because they have a significant role in understanding the legal texts.
The subject of the research was divided into a preliminary study that included the study of the concept of the child in Iraqi legislation to be a brief idea of the meaning of the child and its concept in Iraqi law in general. Which was deposited by the Creator Almighty to them as an honesty must be maintained, whether this behavior intentionally or unintentionally, and included the second section of the study sanctions and measures imposed on criminal behavior, which was discussed in the first section, The legal provisions that criminalize each behavior were identified, and the true meaning of the spirit of the legal text is analyzed by analyzing the judicial decisions issued against the parents when they neglect and shorten them towards the trust in their hands by following the analytical and interpretive approach to the provisions of the law. The conclusions of the study included the recommendations that we consider necessary to find solutions by the legislative authority to develop legal provisions that protect the child more than some behaviors that have not been criminalized or have not been drafted legal regulations for the management of institutions that protect children, Recommendations that call for the great attention and care of some government institutions for children.

The concept of agreement and conflict between national criminal laws and the rules of international law - Iraq model -

Khary .A. Alkabash; Ozdan.H.Dazaiy

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 2, Pages 348-401

Agreement is the dominant feature of national laws and the International Bill, however, there are some inconsistencies between them, is the existence of this conflict among the most serious legal violations of Human Rights ruled, the fact that these rules represent a minimum of international protection of human rights is not permissible for any state to get off, as represented the common denominator among human beings without distinction among them.
In this study, we tried to answer the following questions: What is meant by agreement between the domestic criminal provisions and the International Bill rules in the field of protection of human rights? What is meant by the incompatibility between the two whether partial contradiction or conflict entirely? And how to resolve this conflict? What is meant by the International Bill? What is the reality of the Iraqi and Egyptian pieces of legislation to protect human rights, and the extent of their agreement or Tardahma with international norms and the provisions of the Bill?
We reached in the study to inter conclusions that if national legislation contains provisions that are incompatible with the rules of the International Bill whether a conflict whole or in part, such texts should be canceled and considered abrogated international access to the rules of the International Bill. We have provided the Iraqi lawmaker some recommendations which when enacted legislation to be free from reproach conflict with the rules of the International Bill investigating when applied - and without Tzeysha internationally or internally - the protection of actual and necessary for Human Rights condemned the aggression of the public authority.

The position of International Law from Cyber Attack

Laith.N.Hameed

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 2, Pages 402-428

The cyber attack is extremely important for its disastrous effects on the state and its public facilities, as well as its direct impact on the country's civilian population, Electronic attack is the result of the development of society and the technical complexities that occurred after the technological revolution in the world, All the governmental and non-governmental facilities have been electronically managed, International legal systems initially do not deal with it as a threat to the security and sovereignty of the state, Nowadays, There is no way to get rid of this threat just to apply the rules of the Charter of the United Nations and some treaties on the law of space and armed conflicts to this new type of weapons, the resulting force exceeded in some of the affected country, such as Estonia, the power resulting from nuclear weapons, has led to almost complete disruption of all life facilities in these Countries.