Journal of college of Law for Legal and Political Sciences

The study discusses the legal protection of the environment in international agreements and the provisions of international legal responsibility to prevent damage to the environment in accordance with the international legal rules contained in international treaties and the resolutions and recommendations of international organizations issued to address environmental damage. Before entering into the subject of our research, We also referred to the protection of the natural environment in the light of international law. In our study, The International Organization for the Protection of the Environment from Damage Caused by States, Individuals or International Companies, and some conclusions drawn from our research indicate a tendency to mention a number of recommendations and suggestions which I deem necessary to ensure more effective legal protection of the environment in international environmental law and the statement of legal sanctions Whether in the air, land or sea environment, whether during peace or war, with reference to the position of the Iraqi legislator regarding his concern for the environment at the international level and what he should take to address the damage to the environment Naturalization of Iraq.

After spreading widely between the Iraqi and Syrian border and controlling large areas, the Islamic state (ISIS), has become a real threat for both countries. The United States led an international coalition forces to encounter that threat. Continuing clashes among disputed sides deteriorating the human rights on the battlefield, caused to emerge some questions about the effective strategy of the coalition, along with forming more coalition by other global and regional powers, urging us to profoundly discuss the politics of the coalition forces and measuring the effective level of the war against terrorism and the ability to gain the objectives. In other word, To what extend it’s expected to achieve victory of the war on terror without involving international community?

The study starts from the mutual need to develop Russian-Arab relations, as both parties have an interest in this, and from this standpoint, it seems useful to try to dive academically into the details of that relationship, in an attempt to uncover the relationship gap and find suitable alternatives to develop it and overcome its problems. As there are many attempts made to date and legalize the relations between the two parties, but most of them dealt with the issue from specific points, and most of them were limited to describing stations and issues that were overtaken by many facts and events, and the subject of this study extended to include the current period of time, because it will have a role in determining A lot of data related to the future of relations, including the changes taking place in non-Arab countries.

The advancement of science and knowledge and the innovations that it presented to mankind were to be harnessed for the sake of human service and welfare, but the matter contradicted the love of influence, control and domination, so the scientific achievements were distorted from their aspirations, but the purpose of their innovation might be to cause others to subjugate and force them to submit and submit. This is the negative side (the oppressor). But the urgent need and mental awareness of the fatal catastrophes of the international societies in the future for political, economic and social entities, resulting from the depletion of traditional resources of energy (oil, gas, coal), went towards harnessing science to achieve its utilitarian goal in securing the life requirements of the inhabitants of the globe, including nuclear energy, But even utilitarian (peaceful) use and goodwill from taming this dangerous form of energy generates damages and risks that affect the various aspects of life, which led to national and international legislation in determining international and national responsibility (criminal, civil, administrative), for any negative effects of using This type of energy, and facing it either by making reparation or removing the danger and holding the accountant accountable even if he does not have the natural personality of responsibility, it may be and this is often the subject of our research. The responsible person is legally assumed (company, institution, state) created by the work environment, and responsibility is attached to him In its direct and indirect form, that is the modern endeavor in the face of the new criminalizing images related to the progress of science and the development of societies

Perhaps the most important outcome of wars in addition to destruction and poverty is the emergence of extremist ideas, which lead to the isolation of the state and paralyzed movement and progress fully as a result of the fighting and the rivalry generated by these extremist ideas, so there is a serious need for the existence of penal provisions that prevent prevention and response both privately and publicly to ensure the existence of A sound society based on sound foundations that will enable it to continue as a functioning state in its international and regional environment. Since the images of crimes embodied by intellectual extremism are many and varied at the same time, which requires the existence of texts absorbed to protect society from the danger of those crimes, which call for the need to amend some punitive texts to meet the images of such new crimes

Notwithstanding the efforts exerted by the United Nations to confront genocide of minorities, which culminated in the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide on 9 December 1948, and the establishment of a number of interim international criminal tribunals, as well as the International Criminal Court, which had a prominent role in opposing and detaining its perpetrators, the crime is still being perpetrated in different parts of the world. The United Nations has therefore resorted to a number of other mechanisms to address this crime, most notably endorsing Responsibility to Protect (R2P) commitment, founding the United Nations Office on Genocide Prevention, the protection of civilians and international cooperation.In order to investigate these mechanisms, this study consists of sections to deal with each mechanism individually. Finally, the study ends up with a set of conclusions drawn from the research.Key words: the United Nations, genocide, crime, human rights, international.

There is no doubt that in the civil service many things that are considered disciplinary violations require investigation with the guilty employee, and then inflicted the appropriate disciplinary penalty against him, but may not be convinced by the employee imposed on him and believes that he is unfair to him and was not in accordance with the law. The administrative judiciary in order to challenge what was imposed on him to cancel it, so this requires that there be means of proof, whether in the stage of administrative investigation with the employee or when challenged before the administrative judiciary of the employee or by the concerned individuals when affected by a specific administrative decision, and therefore We must know these means that can For use in evidence in the administrative area because they cannot all means are acceptable proof in this area, since he has proof in the administrative area of privacy because the administration relies on documents and records and not on the right of conscience and invocation.

he importance of the research is by highlighting civil society organizations and their role in influencing the three main authorities, namely legislative, executive and judicial. Thus, they are considered an auxiliary factor in guaranteeing the rights of individuals, whether political, economic or social. To seek a democratic state on the basis of the balance between human rights on the one hand and power on the other hand, and the non-superiority of human rights to power will lead to chaos. If the power overcomes human rights, it will lead to a violation of it. It requires a balance between them.

The federal high court in Iraq has many competencies. One of these competencies controlled the instructions of the administration and the general acts. In particular, the researcher found many mistakes and miss understanding for Interpretation the instructions of the administration. Therefore, this research explains the control of the federal high court in Iraq instructions of the administration and the general acts.

Testimony is one of the important methods of civil proof, especially in the material facts that the evidence cannot be prepared in advance, and it is an indispensable method in the proof, and the importance of the testimony increases if it is the only evidence in the dispute before the judiciary, especially if the testimony of one person, any testimony On the one hand, this issue raised many problems and the jurisprudence regarding it was divided into two groups. One side went to take this testimony and the other side did not authorize that. The Iraqi Evidence Law No. 107 of 1979 amended the issue of the one-person testimony and authorized the court to take it with the right of the plaintiff, and this release and non-restriction may lead to results of divergence between the ultimate reality and the judicial truth, especially that one of the most important goals of the Evidence Law is the rapprochement between these two facts, therefore We chose it as a topic for our research to come up with suggested results and recommendations.

Causation (or causal link) is considered as a basic element and an essential condition of the civil liability arising from the tort in general, and the tort of negligence, in particular. In the law of torts, which is a part of the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. It is worth-bearing in mind that the causation is a causal link by which the damage suffered by the plaintiff arises from the defendant's breach of duty of care. And this link is proved in the English law by many criteria, the most important of which are the factual causation criterion, or the ‘but for’ test. The direct causation criterion, or the remoteness of damage test. The all or nothing criterion, and The Material Increase in Risk criterion. Whereas the Iraqi civil law No. (40) of 1951 regulated also the causal link and considered it as an independent element of the civil liability, whether it be contractual or tortuous. And put the burden of its proof originally on the plaintiff, according to the general rules of evidence. But it put the onus of proving exceptionally on the defendant within the scope of the vicarious liability, in which an irrebuttable presumption arises against the guardian and the employee.

Detention is a precautionary procedure ordered by a judicial authority to place the defendant in custody for specified period, as required by the investigation department and within the limits set forth by the law. Detention is one of the most serious measures in which it clearly highest the contradiction between two conflicting remedies, the freedom of the individual, the accused is innocent until proven guilty. He cannot be deprived of his liberty before his conviction is found. However, detention is justified by the interest of investigation and is lawful as long as it is taken in accordance with the law and in order to protect the public interest which may require infringement of the defendant’s freedom