Volume 9, issue 34 part 2, Summer 2020


Younis M. Mustafa

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 2, Pages 1-72

Russia is considered as a major military force which could be, during the Cold War, a part in the strategic balance during that period which led to the formulation of the international system according to this balance, today , it comes back to the regional and international arena by building on a long-term military strategy guaranteeing them to exploit opportunities and phishing the chaotic mistakes of international powers oppose it according to its classification throughout identifying a threat to its national security factors and preparation for military confrontation in case of taking place according to its capabilities that it develops continually based on documents of national security of its own for the formulation of a balanced global system and multipolar through the establishment of military bases and to form future partnerships and alliances to prevent containment and besieged and rejected hegemony policies.


Nabel A. Anwar

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 2, Pages 73-110

A power vacuum in the region has been emerged since the withdrawal of the American presence and due to the contributions of Arab upheavals. The clashes and the disputes in the region is the direct result of this vacancy. The attack on the Saudi Embassy by en masse in Iran was an indicator of the hatred after the execution of Shiite religious figure Nimr al-Nimr who was alleged to have sided with the terrorists in Saudi Arabia. The last example of the conflict between the sides testify the general understanding that the threat to world peace emerging from the Middle East does not only arise from terrorism but also from the danger of Sectarian clash between Muslims which began even earlier than the Arab Spring. Although the roots of the conflict dates back to the Iranian Revolution of 1979, the rising influence of Tehran may be dated back to the overthrownment of Saddam Hussein and the withdrawal of Israel from Lebanon. Starting from Iraq, in 2003, US-led coalition ousted a Sunni-Arab counterweight to Shia-Iran and the geopolitics (It gained importance resulting from the territory under the control of weak states that invites the foreign intervention) of the region had mostly been shaped by Iran since then. The contributions of the withdrawal of the USA from the region and the Arab Spring for the destruction of the existing stability prepared a new power vacuum, which was also filled by Iran.


Hamdad M. Al-Marzani

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 2, Pages 111-161

The law aims at all times and places to achieve justice, because the existence of the law without achieving justice is useless, and on the contrary, justice is not achieved without the issuance of an appropriate law from the legislative authority, and also in the case of committing the crime and imposing the punishment on the perpetrator, the judge must note the personal circumstances of the offender that are In terms of the psychological, biological and social formation, and thus the punishment is appropriate to the condition of the perpetrator at the time and after the commission of the crime on the one hand, and proportionate to the objective circumstances of the crime, which are represented in the method of committing the crime and the means used in its commission, and the punishment is parallel to the harm suffered by the victim and his family with the harm caused Society has been affected to the extent necessary, and the motivation for committing the crime must be noted, and it all revolves around the effect of legal excuses on punishment


Anmar N. Qasim

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 2, Pages 162-179

The international organizations play a major role in the development of the international community in its various fields. This role is changing, renewed and multifaced. Organizations play an important role in achieving cooperation between countries and their development. It is a tool for solving many economic, political and cultural problems among countries. The industrial development of developing countries, the promotion of scientific exchange and the transfer of technology, and the international organizations also have an important impact in the fight against pollution, and they have a role in the face of fluctuations in prices of raw materials, which result in lower export revenues. The international organizations also contribute to the establishment of a new legal system. The legislative work of the organizations indicates the extent to which these organizations influence the legislative system of the countries. states through the enactment of new legislation or procedures Amendments to its laws in such a way as to bring them into conformity with the Charter of the Organization, which would ultimately improve the legislative work of States.


Hussein A. Al-Kalabi

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 2, Pages 180-206

Nowadays, the protection of a consumer is one of most important and main duties of the contemporary country. As it reflects the value of the man in this country. The protection of a consumer is mainly for the weak party in facing the strong one. The industrial and technological development lead to an increase in supplying goods and services and the variety of characteristics of goods in use of a consumer. The variety of the goods makes a consumer confused of which is the suitable and beneficial one among them as he has not got wide knowledge in comparison with the experienced party who has got a lot of information. Therefore, there must be an obligation represented by informing the consumer with services in a way that suits him well.


Asma N. Ibrahim

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 2, Pages 207-236

Paying attention to the finances of the governorates that are not organized in a region by developing their resources, rationalizing their expenditures, clarity of their budget, and accuracy will promote the pillars of regional administrative decentralization, ensure the independence of local bodies, as well as the importance of determining the overlap in the financial competencies between the federal government and the governorates that are not organized in a region. Legislative regulation of the financial competence of the governorate and what it should be in the field of local revenues.


Zuhair E. Aljadiry

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 2, Pages 237-258

Between fighting international crime and the pressures of international political influences, the International Criminal Court has been struggling since its foundation to conform between applying international law against perpetrators and trying to avoid pressure exerted on it by the countries of political influence in the world. The objective of international judiciary is to fight international crimes of extreme impact on humans, like genocides, crimes against humanity, occupation and settlement crimes and aggression crimes, which are serious crimes. But the obstacles placed against it by the International Security Council of which its members rely in their actions to their countries political and economic interests. Where such obstacles limit the Court's function in trying to achieve justice in the world, where aggression crimes cannot be looked into by the International Criminal Court before being referred to it by the International Security Council, which is one of the main obstacles placed against it.


Karzan Z. Salahuddin

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 2, Pages 259-284

The right of ownership is one of the most fundamental and most widespread rights in the original, since the king is focused on something specific and its owner can direct it directly and without mediation, which is independent of itself and does not follow another right, but other rights are derived from the right of easement and benefit, Rights are to be alone as they prove to a single person giving him absolute power over him in all legal acts . But the money may be owned by several people who share it simultaneously without having to specialize or have their share in it. The multiplicity of owners in the common property raises several problems with regard to each owner of the authority of use, exploitation and disposal, because the exercise of these authorities requires the consensus of the partners. Is always available, so the legislator intervenes to regulate common property so as not to disrupt the use of common money in case of disagreement and lack of unanimity.


Ikhlas M. Abraham

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 2, Pages 258-319

Innovation is the cornerstone of intellectual property protection. Without innovation، there is no effective and efficient protection of works and inventions that are produced، circulated، sent and communicated through the virtual medium. The result of technological development that has afflicted life without exception has been the emergence of so-called digital innovation Or technical innovation based on the use of information technologies and electronic computer systems to create innovation on a high level of accuracy، creativity and creativity that cannot be reached by anyone، the use of integration and interaction and sailing in the middle of the default This innovation has become a commercial and economic resource to be invested by the major companies of the industry of knowledge and innovation and the information industry. Hence، it was necessary to develop a legal concept for this type of innovation. It was necessary to enter the legal rules to demonstrate the concept of innovation in the digital world And to define its content in order to provide the necessary legal protection for it، under the technological technologies that invade the information networks and affect in one way or another the pattern and content of innovation.


Nizar h. aldamalooji

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 2, Pages 320-350

With the ever-increasing use of the Internet, there is a growing need for systems to create, supervise and follow up websites, ensuring optimal use and avoiding the negative uses of this great technology through incorrect electronic publishing, in which some people abuse and defame others, Social communication, from here it was necessary for the legislator to find a legal system to determine the responsibility of the supervisor (addicted) on the site for everything published on the site under his supervision by subjecting the supervisor to the legal issue when allowed to T all that is contrary to public order and public morals, on the grounds that the latter can the ability to prevent abuses from or deleted directly through the development of technical programs do not allow the deployment of posts only after approval. In other words, the responsibility of violating the rules of electronic publishing is the responsibility of the supervisors of those sites. Here, the victim of defamation offenses in the social media sites has the right to demand the imposition of penal sanctions and demand compensation and the blocking of websites that have been abused. As is the case in the press and publishing laws, in which the editor and the writer of the article criminalize everything published in the publication of incorrect news that harms others in their symptoms and their reputation.This is why we call for the enactment of legislation that criminalizes these acts in the light of what the Jordanian legislator directed in Article 49 of the amended Jordanian Press and Publications Law (which enumerated the comments published in the electronic publication of a press article) until the publisher is responsible for the electronic publication and the supervisor of the website . As well as to activate the role of competent bodies, both judicial and executive and control to confront cases of defamation through the means of social communication and abuse of human rights and thus undermine the social status, which gives the injured the right to claim appropriate legal compensation for the damage suffered by the competent civil courts.


Ammar s. al-Mashhadani; Nasser A. Mustafa

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 2, Pages 351-379

The scientific development has led to the appearance of recent means in proving lineage not known before, including histocompatibility called DNA, where the accuracy of such a test reaches 99,9% in matters relating to lineage proof, whereas it reaches 100% in matters relating to lineage negation. What is prescribed by sharia is that if a wife has a six-month child or above that ago from the time she is with her husband, then the child shall be registered to be lineally the son of the wife's husband without resorting to action or testimony on the part of the husband Legally speaking, personal status law has not provided for recent means of proving lineage, including histocompatibility, yat art. 104 of law of evidence has deemed it to be a judicial presumption assisting a judge in setting action. As for the judicial attitude, it has not settled on a fixed trend concerning lineage denial if a child is not affiliated with others. However, it decides on lineage denial in accordance with this test if there is no litigation and all parties have attested to that.