Volume 7, Issue 25 part 1, Spring 2018, Page 1-408


The Effects of International Intervention on the Environment: A Critical Analysis of the USA Invasion of Iraq in 2003

Mohammad.M.Aljshamy; Ruaa.Abrahim.KHalid

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 1, Pages 1-18

ABSTRACT :
Foreign intervention is an old phenomenon which caused major problems for many countries for centuries. This intervention causes many problems including environmental problems which affect the natural habitat of the invaded countries and is a clear violation of international regulations. This research is focused on the 2003 US-led invasion of Iraq with its dire negative consequences on the health and daily lives of Iraqis. Since the 1991 Gulf war, many international embargoes were placed Iraq which practically either destroyed or paralysed its various institutions. The effect of this caused great sufferings on the Iraqi people coupled with the economic blockade which significantly caused the collapse of the living standard of the Iraqi people. This has made the Iraqi people devoid of all the necessities of life as a result of the US invasion. This study is a legal research which highlights on some of the political aspects of the problem, it also adopts legal approach in the descriptive method to show facts based on secondary data available. Data were obtained from libraries, Iraqi Ministry of Higher Education and the internet. The research attempts to show some of the facts to those who may be interested in protecting the environment the consequences of what happened in Iraq as a result of the illegal invasion of Iraq led by the United States. The negative impacts are still affecting the lives of the common Iraqis and we should draw the position of the illegal invasion under the international law.

The positive role of the judge in the judicial period (Mstal)

Ismail.I.Mohammed; Akram.M.Hussin

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 1, Pages 19-48

ABSTRACT :
Judicial deadline is the case on which the judge to intervene in the contract amendment, and we find most of the legislation has organized the idea of term, and that concerns us is the role given by some of these legal texts to the judge in this area and of its role in modifying the agreed term of the contract or grant what is known as a departure from the principle of authority will, which dominates the Streptococcus relations as long as the legislator recognizes the authority of the will within the limits of the law and public order and morality, what is taking place upon the will of the parties for to them as a duty to respect the law and the implementation of, and not any of the contractors may be unique to overturn the contract or amended but it permissible for them to contractors or agreement for a reason prescribed by law and therefore an exception to the binding force of the contract, the legislature passed the judge a positive role in the judicial deadline to grant an amendment to the contract.

Guarantee in the commercial transfer and instrument (Comparative study in positive law and Islamic jurisprudence)

Turki.M.Alkadi

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 1, Pages 49-89

ABSTRACT :
Business transfers and instruments, commercial paper have the status of acceptance and trading in the world of commerce, the two most important commercial paper, the relevant operations of banking institutions and banks, as it can not occur flow regulator business operations without the presence of a favorable climate and the use of means that facilitate the conduct of these behaviors.
The operations commercial nature speed, flexibility, and speed factor imposed on the legislature allocated legal provisions unique to the business; to meet the need for speed, this has placed special provisions of remittances and trade instruments, its objective and formality, guarantees and aging, and these guarantees security, which is the subject of our research and these guarantees increases the confidence in handling remittances and trade instruments and supported by, and that has helped a lot in reducing the risk of carrying cash and was replaced in the meet, and have created an important means of credit among traders and other individuals from the non-merchants.

Abolition of the engagement and its impact on the recovery of gifts and dowry (Comparative study between Sharia and law) (Mstal)

Nashwan.Z.Alhalim; Mohammed.KH.Alabassy

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 1, Pages 90-133

ABSTRACT :
An engagement , if its necessary conditions are satisfied , will be valid after obtaining the approval of the fiancee or her father.In such a case she will be facing tuo assumption. The first assumption is that the engagement continues to achieve its end represented by con cluding the marriage contract for which the engagement paves the way , in which case the engagement does not raise any preblem sinee it accomplishes the goal of completing the desired marriage contract. The secend assumption is that given the sanctity of engagement as a preliminary step towards marriage , it unites teuo persons differing in their biological compositions and perhaps in character and morls. Such a difference may result in inability of the parties to engagement to continue, In that one party or both may turn away from the engagement by the will of one party or both , which raises anumber of inquiries relatiog to the permissibiliy and right fulness of each .

Sino-Iraqi relations between the balance of politics and the effects of the economy

Daham.M.Daham; Salman.A.Hassan

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 1, Pages 134-160

ABSTRACT :
The review of the Iraqi-Chinese relations shows that it has passed through a period of political growth and regression. This is undoubtedly due to the instability of the political systems in Iraq due to the frequent military coups, the fluctuation of the political reality in China, the reflection of the cold war conditions and the conflict with the Soviet Union and Western countries on China's foreign relations. , But after the eighties of the last century as a result of the adoption of the Chinese leadership policy of openness and development plans and economic modernization, the Chinese policy towards the Middle East, including Iraq has abandoned its ideological robe and began to dress the interests of the Economic and trade, which gave it some realism and acceptance, which was the entry of China into the Iraqi market in the mid-eighties through the gate of trade and armaments of the Iraqi army, which amounted to 5 billion dollars, and economic and trade relations were later strengthened by the acceptance of Saddam Hussein's government to China as a trading partner And economic under the memorandum of understanding signed by Iraq with the United Nations in 1995, which gave China a foothold in the Iraqi market and investment opportunities in the oil and gas and food and construction, but the circumstances of the US war against Iraq 2003, After the relative stability of the situation in Iraq, China returned in 2004 to its presence in the Iraqi economic reality despite the objections of the countries that contributed to overthrowing the regime of Saddam Hussein, especially the United States and some other Western countries that find that Iraq became after 2003, a special investment opportunity.

Formal rules of personal status issues in Iraqi law

Alyas.S.Hidaat

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 1, Pages 161-220

ABSTRACT :
This paper deals with the formal rules in personal status law issues, in the condition of absence of a special legislation for such rules in the Iraqi law. It is obligatory to feel those rules in related legalizations concerned with matters of personal status law both substantive and procedural. This paper aim is to make the researcher to identify, frame and draw an alternate draft of a legal and judicial actuality project in which was not suitable for the importance and specialty of issues that are in a direct contact with family life and individuals ties. This work demands existence of an executive legal source that protect and organizes it.

Shop in marine insurance contract (A comparative study)

Majed.A.Ibrahim

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 1, Pages 221-249

ABSTRACT :
The difficulty lies in eetermining the place of the maritime insurance contract Is the risk a substitute for insurance or the Iraqi legislator in the civil law no40 of1951 was not clear and explicit in determining the place of insurance we can not be in the contract of insurance without risk or interest tamini other than some of the legislation that was clear in the research as there is no iraqr iaw in the iaw of the sea deais with this stratifitation insurante lisies as well as we do not have within our legislation Iraqi maritime trade law so we decided to refer to the general rules in the Iraqi civil law and maritime trade law the ottoman 1965 and some civil laws in the arab civil lidislation such as the law of the Egyptian and other arab laws as well as some trade legislation the study methodology is the method of compaeison with some laws such as French and Egyptian law as well as the jurisprudential side the study aims to determine the place of insurance whether the danger or interest and whether the direction of the comparative legislation was successful in what I went to and for the purpose of taking the subject in all its aspects the definition of insurance contract and then talk about the place an the insurance contract guided by what dealt with the Iraqi law and some of the comparative laws so we will divide the research into three terms we deal in the first concept of insurance contract and the second allocated to discuss the risk as a solution to thi ins urance contract to conclude the subject the latter to discuss the interest as a place to hold insurance.

The changing legal position of recognition and its relationship to the exercise of the right to self-determination

Maroof.O.gul; Dahwahn.M.jzaa

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 1, Pages 250-296

ABSTRACT :
Recognition and the right of self-determination are both important topics of international law, Although recognition in contemporary international law is generally seen as a declaratory nature in situations where a new state emerges in the framework of exercising the right of self-determination by peoples, it does not mean that recognition is not essential for the establishment of international relations between the new state and existing states, In the absence of an international organ competent or authority to grant recognition to a new entity and determine whether this entity has already satisfied the criteria of statehood according to international law, this article identifies and analyses two opposing theories on the nature of states recognition and their effects in exercising the right of self-determination by peoples.

Legal Analysis of United Nations Security Council Resolutions (1946-2017)

Abdulsatar.H.Aljumaliy

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 1, Pages 297-346

ABSTRACT :
This research included the analysis of the UN Security Council Resolutions (1946- 2017) in terms of the contents and the international target and its legal force in order to demonstrate the commitment of the UN Security Council in issuing these resolutions to the Charter of the United Nations and the norms of international law, The international legal persons and the nature of the topics and conflicts targeted by those resolutions, And to demonstrate the extent to which the Council is committed to the standards of law and justice that should apply to all persons of international law and conflicts that the international community has faced in the cold war and beyond and into the beginning of the third millennium, The results of the study confirmed that the Security Council was not careful in its commitment to the Charter of the United Nations, international law, norms of law and justice in the issuance of resolutions, the adaptation of facts and the resolution of conflicts and the centers of international persons targeted in those resolutions.

Remote Arbitration Session and Respect for Basic Principles of Arbitration (Comparative Analytical Study)

Faris.A.Algargiy; Saja.O.Al-amro

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 1, Pages 347-377

The arbitration and means of settlement texture conflict out all spend the official state is a kind of private justice has accepted for parties to the conflict and organized by the law, and because of the harbingers of the revolution of technology in the world of communications, did not Tnai these special justice for this revolution that touched like other manifestations of other life became required distant ,Shreds of what is known tele Arbitration that are procedures in a virtual world where require arbitration claim its meetings remotely do not exist for paper and physical presence of the people and even the verdicts issued a signed and ready distant and most of it can be executed remotely and also this case is a series of procedures that are used electronic means of communication between the parties to the conflict and the arbitrators at the hearing or exchange documents that appeare many of the problems that may affect the conduct of a fair trial and wasted the principles of litigation and of confrontation and respect for defense rights and equality between adversaries which form the basis of equitable governance and violating means being contraindicated.

An Analysis of the Internationd Center of Settlement of Investment Disputes Agreement on 1965

Omar. H. Saleh

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 1, Pages 378-408

ABSTRACT :
The complex nature of activities in the investment arena has made disputes unavoidable. Arbitration as the other option to litigation has been broadly accepted as a mean of dispute settlement particularly in the national and international trade transactions including the investment disputes. The primary reason for the study was to look at the efficiency of arbitration framework system in Iraq in resolving investment disputes. The study included an intensive review of the current legal and institutional structure for arbitration in Iraq in correlation with the international arbitration agreements, such as ICSID Convention 1965. Consequently, it looks necessary for Iraq after ratifying the ICSID Convention 1965, which entered into force in Iraq on 17th December of 2015, to have the power to enforce the foreign arbitral award. This study also demonstrates that Iraq through its ratification of the ICSID Convention 1965 by Iraqi Pariliamnt has led to the creation of positive and negative implications on existing law in Iraq. The provisions of ICSID Convention 1965. The findings of this study are the advantages for Iraq to join the ICSID Convention 1965 to attract the foreign investors and trade. As well as, Iraq can enforce the foreign arbitral; through Arab league Conventions and number of bilateral judicial recognition treaties.