Volume 10, Issue issue 36 part 1, Winter 2021


ACTIVATING OR DISABLING CRIMINAL PROTECTION OF HUMAN RIGHTS IN A STATE OF EMERGENCY

Hoda S.Mohammed Al-Atarqji

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 1-30

The criminal protection of human rights is a legal insurance for every human being to defend him from any encroach on his rights, but this insurance does not have the same effectiveness in the case of emergency, in that the emergency case is an exceptional state which possibly could stop the work in legal clauses that form the statutory insurances to humans in the criminal law, and this preventing is requirable in order to achieve the balance in human rights between protecting their families and lives on one hand and protecting the authority of the state from any assault or disorder. To investigate in this activating or deactivating could not exist only in the emergency state and it does not in the normal cases because there are no obligations to deactivate the laws and the principles which construct legitimate guarantees for humans in the normal state. Moreover, the problem which emerges in the research is determining the legal clauses that can be activated or deactivated in the case of emergency, and what is the trustable criterion to which they are bound to, and their appropriateness with the rules of the international law in protecting human rights. According to that, it is going to analyze, explain and adapt the legal clauses in the punishment law, the rules of international law, the international conventions, the emergency law and how to search for a legitimate support which may define the rights that hinder their own legitimate clauses which are concerned in protecting them or activate their protection in the emergency case in that to treat the crucial cases that happen in the case of emergency and determine the dependable criterion in this activating or deactivating. It is also has been determined the cases which require a clear, legal treatment so that to activate this right in the emergency state and decide relentless punishments in the case of violating these laws. Furthermore, it has been determined the laws that conflict with the human rights, and the difficulty of this research shows itself when there is no deep study about this subject in a case of emergency because of its sensitivity concerning human rights and the difficulty to have decisions that touch human rights, especially in the state of emergency since most of the work or the authority is going to be in the hands of the military forces. In addition to that, the importance of this research lies in its difficulty and it can be a guideline for human rights commissions to know the illegal infringements regarding human rights in the emergency case. It also functions as a legal civilizing for the citizens to know what is for them and what is on them in the case of emergency; and a legitimate, studious paper presented to executive and juristic governments: the executive authority to know what is for it and what is not in the case of emergency and the legislative authority in order to make adjustments, adding or deleting to the clauses which require to do so in order to coincide with the principles of human rights.

THE CRIME OF CYBER ESPIONAGE WITHIN THE FRAME OF PROJECT OF IRAQI INFORMATIVE CRIME ACT OF 2011

Isra'a Y.Hadi al- Moulah; Usama A.al-Neemy

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 31-72

The crime of cyber espionage is one of the serious and continually developing crimes due to the access of an offender to a website, information system or information network to obtain electronic content that is not available to the public affecting national security, the external relations of the state or the national economy using modern methods that are difficult to detect, especially with the huge technological development. in all fields. This research highlights the extent of criminal protection provided by the Iraqi legislator for electronic content containing confidential information belonging to the State, and included in the draft law of information crimes of 2011 to address this crime as it is a crime against the security of the State that threatens its existence. Therefore, this research deals with two sections, the first section was devoted to the definition of electronic spyware, and the definition of espionage in general, and the definition of electronic espionage in particular, and the prevalent images of spy, in addition to distinguishing electronic espionage from what is suspected, In the second section we have explained the elements of the crime of cyber espionage and the penalty prescribed for it.

TEMPORARY PRECAUTIONARY MEASURES FOR THE COMMERCIAL ARBITRATOR

Hatem g.saeed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 73-103

The nature of the dispute, the circumstances, and the conditions of the lawsuit brought before the arbitration body or center required taking temporary and urgent precautionary procedures aimed at resisting the risk and preventing or limiting the damage and heading always towards the future to ward off a potential risk of falling in case it is not taken. It is based on the idea of providing litigants with quick judgments and placing them in a temporary legal position until the final settlement of the litigation in the disputes that it is feared to be too late and without prejudice to the origin of the right. Furthermore, preserving the existing conditions, respecting the apparent rights, and safeguarding the interests of the two parties of the dispute. These procedures are considered urgent protection and put an immediate end to the infringement by blocking the doors in front of the one with bad intention and depriving him of achieving his objectives while protecting the pretext and the evidence. The attitudes of international legislations differed regarding these procedures, their divisions and characteristics, the authority granted to the arbitrator, the legal restrictions, and the accompanying agreement. 

CIVIL RESPONSIBILITY OF THE CORPORATE AUDITOR

mohammed S. Mohammed; Obaida A. Alrubaie

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 104-144

The auditor is the main fundamental in the framework of monitoring the work of the joint-stock company, which is characterized by complexity in its work and overlapping among them, and therefore it was necessary to have a person with experience and competence that qualifies him to monitor the work of management in these companies for the benefit of shareholders and within an organizational framework governing his work, in order to achieve the interest of shareholders who are unable to adequately follow up the control due to the absence of the necessary expertise, and as the general shareholders do not meet within the general assembly except once a year, and on the other hand, the interest of the company over control aims to protect it by restricting the right of control to the person of the auditor because all the interference shareholders will lead to obstruction of the company's work, and the auditor’s report is the revealing of the company's financial position and the basis for the company’s planning, control and appropriate decision-making processes, as it is based on third parties in investment, and from here it was necessary to clarify the limits of civil liability for the auditor and indicate his position Legal and who can claim compensation.

INTERNATIONAL POLITICAL SYSTEM UNDER INTERNATIONAL ALLIANCES, THE RUSSIAN-CHINESE STRATEGIC ALLIANCE AS A MODEL

Safaa H. Ali

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 145-202

The following research (the international political system in the light of international alliances - the Russian-Chinese Strategic alliance as a model) is an attempt to recognize the nature of the international political system within the current international alliances namely the strategic alliance between Federal Russia and China, especially after the appearance of developments and transformations in the field of the international political system, the acceleration of the international political changes movement leads to the acceleration of the world's association with a new political structure, one of its most prominent features is the growing role of international alliances in the international political system. Today, the world is witnessing a large group of changes in the balance of the current international powers, represented in the process of the transformation of international power centers from the west to the east of the globe during the disintegration afflicted the international political system that the United States of America contributed in laying its pillars and principles after its victory in the Second World War, though, the world today has not become a multi-polar world, yet it is no longer a unipolar world as it was during the period extending from the collapse of the former Soviet Union until the end of the second decade of the twenty-first century during which the United States failed in wording a new liberal world under its leadership and what we live today is only a world in the stage of transition. The importance of the research lies in the nature of the world today, as it witnesses changes in the nature of the current international political system, and the problem of research lies in the extent of the ability of the current strategic alliance between Russia and China in the process of changing the current international political system from a unipolar system to a multi-polar political system. The research bases on a basic hypothesis which represents that the strategic alliance between China and Russia will reword the international political system at all levels, the solidification of the international alliances phenomenon, their control upon the global political scene, and the international imbalance will increase the ability in rewording a new political balance in the current international political system.

THE ROLE OF THE UNITED NATIONS GENERAL ASSEMBLY IN IMPLEMENTING THE PRINCIPLE OF RESPONSIBILITY TO PROTECT

Waleed A.Suleiman al-Jarjari

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 203-236

The General Assembly of the United Nations is one of the principal organs of the International Organization, which has been designated by the Charter with important functions and powers; Through its legal tools, the Society has a contribution to the development and implementation of the principle of the responsibility of protection; in this research we will try to address this role by studying the authorities, tools and procedures owned by the Assembly to implement this principle on International level, and it can be played by the Assembly as an organ of countries that fall under a United Nations umbrella

ELECTRONIC WARFARE AND THE STRATEGY OF COUNTRIES TO CONFRONT IT

Shaima J. Mohammed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 237-265

Electronic conflict is one of the most dangerous threats that states face at the present time in light of the intertwining interests and the competition of major countries using all their technological capabilities and energies by inventing and developing various types of nuclear and biological electronic weapons, which, in their various types, have posed a threat to the security of states as a result of penetration and piracy and for the transition of war from the battlefield to Outer space at a time with which it is impossible to imagine the occurrence of any conflict without its sides and electronic deportations, and despite several attempts and initiatives by states to protect their security and apply international humanitarian law to electronic conflicts as well as national efforts to confront it, the matter calls for the existence of binding international legal rules and principles to regulate aspects of electronic conflict by imposing obligations on states and restricting their freedom regarding weapons The new ones that they create to prevent them from being used to threaten the security of states or their systems are necessary, and this can only be achieved with the cooperation and intensification of the international community and its various civilizations

THE RIGHTS OF THE LEGAL HOLDER IN THE ELECTRONIC INSTRUMENTS

Maysar H. Jassim

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 266-290

The study dealt with the subject of the rights that prove to the legal holder of electronic instruments, and the work of electronic instruments is important and modern in the field of banking, and this type of Suck features advantages that make it superior to traditional instruments, although the work is not much different from what works in traditional instruments, But the first is safer than the second because of the difficulty of forgery and the provision of many means of protection and electronic security so most of the world adopted its use. This was followed by a conclusion that included the most important conclusions and recommendations reached through this research.

THE MECHANISM OF DISTRIBUTING INSURANCE SURPLUS - A COMPARATIVE STUDY - QUOTED

Akram M.Hussein Al-Bado; Muhammad Al-Dabbagh

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 291-318

Insurance surplus is the remaining's of participant shares, reserves and interest after discounting and compensation during the year. In the exchanged insurance, so called surplus is the participants property and should be spent on them, all or part of it and this is called "profit " in commercial insurance and owned by companies. The surplus distribution mechanism somehow influences the activity of the exchanged insurance; hence this study came to enlighten all the problems might occur in and in the application of it. The study explains the concept of insurance surplus and how it is distributed and how it is treated in the Jordanian and Sudanese law and the legitimate standard (no:26) from the Islamic financial institution account and review council taking into consideration the Saudi legislation view point since the Iraq legislation any rules for the exchanged insurance or any solutions for its insurance surplus distribution mechanism is not organized in a way that may help to increase insurance surplus and help to choose the appropriate distribution mechanism in order to prevent the growth of the exchanged insurance.

SHARIA RULINGS AND THE EFFECT OF LANGUAGE ON ITS STATEMENT (VERSES OF INHERITANCE / SURAT AN-NISA AS AN EXAMPLE)

Qusay M. Khalaf

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 319-353

This research discusses a very significant issue which is related to obedience and the role of language to find the meaning of terms and it is effect to direct the true meaning from the text also how the language is the base of other Islamic sciences to be specialized in legitimacy which must first be specialized in linguistics, syntax, semantics and case mark then the research discusses the legacies through analyzing some verses from Quran also we show the relation between linguistic and qur’anic use of some terms then we concluded with main findings followed by list of references.

HUMANITARIAN INTERVENTION IN CONTEMPORARY INTERNATIONAL REALITY

Kadir M.Qadir Amin

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 354-384

International interference in the affairs of states has become a common occurrence in the past two decades, due to many reasons, including humanitarian intervention to protect minorities from the arbitrariness of the regimes in which they live, or to prevent and stop wars, especially if they take regional and international dimensions that threaten international peace and security, that the concept of humanitarian intervention It is a vague and hazy concept that is not clear-cut, and at the same time it is a concept that is not characterized by impartiality and generality, and it is dominated by the character of eclecticism and privacy. Therefore, it is difficult to find a specific legal definition for it, because it is a subject of controversy and disagreement between scholars of international law and international relations.

LEGAL PROTECTION FOR PRIVATE FOREIGN INVESTMENT

Zakaria Y. Ahmed; Safwan M. Ahmed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 385-400

Foreign investment is one of the most important phenomena that prevails our world today. It has taken the signs of competition to attract foreign investments as a result of the great role played by foreign investment in achieving comprehensive and lasting development. Any legal system in which disputes can arise between the parties and this is also found in the investment relationship between the host country and foreign investors, one of the first things necessary is to establish that any legal system in which disputes can arise between the parties and this also exists in the investment relationship between the host country And foreign investors. Legal protection works to attract these investments, so we tried to study them in two topics, we devoted the first to the definition and the second devoted to the means of protection.