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Time of Transmission of the loss in international sales Study accordance of Iraqi law& un convention on contracts for the international sale of goods (Vienna 1980)
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This study deals with the topic time of transmission of loose international sales، which is defined by the Vienna Convention on the International Sale of Goods as "passing of risk"

As a basis for "the transfer of liability from the seller's custody to the buyer's guarantee. This expression was adopted by the legislator from the Islamic jurisprudence, which is in an acceptance interview in the real estate legislation. The arrest does not require that the actual possession of the goods has actually been done by the buyer. On the face of the buyer can be caught without a hail, and the Iraqi Trade Law No. 30 Of 1984, the provisions of the Transfer of Liability in International Sale were codified، and its provisions were quoted from the rules of the Encoterms of 1980، and in respect of the Vienna Convention on the International Sale of Goods they differed in determining the moment of transfer of liability as the contract of sale was in conjunction with the "carriage of goods." The liability shall be transferred by the delivery of the goods to the first carrier provided that it is independent. "In the latter case، it requires the transfer of liability from the buyer or the breach of the latter by the receipt of the goods. The Convention also deals with the status of determining which party is liable for loss in cases where the goods are sold during their transfer.

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Publication Date
Sat Jul 31 2021
Journal Name
Journal Of Legal Sciences
Criminal protection of mass graves under the provisions of international humanitarian law
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Genocide and crimes against humanity have a distinct meaning in that they are particularly reprehensible attacks that constitute a grave assault on human dignity or constitute a gross humiliation or degradation of the dignity of one or more human beings, and they are not isolated and sporadic incidents.

That the crime of mass graves as a collective genocide is considered a mass murder of a group of people that is carried out on a discriminatory basis with the aim of their total annihilation as a race, people, or a distinct group that is culturally, culturally, linguistically or religiously independent, or for any reason that distinguishes them from humans, and this is what happened with the crime of mass graves in Iraq. We have n

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
Law conflict in the formation of international contract
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The present of a foreign element in the Contract will call the conflict of many laws on the conclude of the contract; usually such conflict will end to the jurisdiction of one law, but in this case it will end to the jurisdiction of many laws on the conclude of the international contract but without being a common jurisdiction, each of the conflicting law will have its own jurisdiction.

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Publication Date
Sat Dec 01 2018
Journal Name
Political Sciences Journal
Protecting woman during armed conflicts under the development of international humanitarian law
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The international humanitarian law found the special rules to protect women meanwhile the armed conflicts whether international or non-international. These rules are adopted for woman because of two reasons : that she is from civilians and on the other hand that her special constitution demands a special protection. The international community's attention of women is increased as a result of the tragic situation that faced women around the world especially in the Middle East and particularly in Iraq during the American-British war and ISIS period, these two periods sort many negative effects that reach women such as captivity, slavery, sexual enslavement and rape women especially Yazidis and Christians....

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Historical Context of Migration in Morocco to Europe: from Forced Migration to Irregular Migration : Study in International Law
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Considering that migration is moving to live from one place to another, with an intention in the place that was intended for a long time, due to the frequent movement of individuals from one place to another, and due to the different purpose of migration, we find external migration classified into legalized and irregular migration, and the reasons The growth of illegal immigration is due to economic,  social, and psychological motives, and therefore we find that it has multiple effects, both on the country hosting immigrants in terms of economic, security, social and health terms, or on the level of organizing international relations between countries, so countries sought to mitigate this phenomenon and deal with immigrants As stipu

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
Interpretative Judgment in The Framework of The International Judiciary - The International Court of Justice As an example
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That the International Court of Justice is a court of first and last instance, it is a fundamental principle that its rulings are final and cannot be appealed as stipulated in Article 60 of the Statute. Nevertheless, the provision of this Article provides that the States parties to the case may request an interpretation of the decision,  When certain conditions are available, the International Court of Justice has traditionally issued interpretative rulings when the ruling is marred by any ambiguity or ambiguity.  Final determination of judgment and res judicata, in the case of interpretation, if a decision or part of a decision is ambiguous, it may prove impossible for the States Parties to comply with it, and then a request f

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Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
The theoretical framework for the criminalization and punishment within the scope of government contracts A study of Iraqi law: دراسة في القانون العراقي
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The contract valuable by itself cannot be a source of punishment, but the legislator penal has estimated the seriousness of the breach of some contracts entered into by the official bodies or government with each other or with third- party view of the consequent adverse effects on the administration itself and the beneficiary citizen of the commodity or service  subject of the contract therefore the legislator criminalizing bribery, fraud ,forgery and illegal use of contracts or compromising the freedom and safety of bids or tenders abuse of public office intent to damage public or private interest accordingly , this research deal with for the theoretical framework criminalization and punishment within the scope of government contra

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Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
Targeted Drone Killings Under International Human Rights Law
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Targeted killings by unmanned aircraft are a dangerous means that threaten the human right to life, both in wartime and in peacetime. In wartime, international humanitarian law prohibits weapons that cannot respect general principles such as discrimination, proportionality and military necessities. In peacetime, all international instruments guaranteeing the protection of human rights prohibit attacks on the right to life, except in cases provided for by law, as well as extrajudicial executions.

 

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Publication Date
Fri Dec 14 2018
Journal Name
Journal Of Legal Sciences
The child right of body protection in the international law A comparative study in Islamic shree
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The children are suffering from many kinds of tragedy acts such as killing and torture which arise from civil wars never be seen along the human history since decades.

We still see millions of children suffering specially in the Arab world, Iraq, Syria, Libya, and Yemen. This study deals with kinds of protections which comes by international treaties and practiced by international organizations which helps in the protection through the military conflicts, and we compare this right in the Islamic shree, and how the states are comply with this right and how can they protect the children practically.

At last we reach the conclusion and finally the recommendations.   

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Publication Date
Mon Dec 23 2019
Journal Name
Journal Of Legal Sciences
The Israeli and American challenges for Palestinian Refugees Return and the suggested mechanisms to confront it " Analyzing study in the light of rules of the international humanitarian law "
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The refugees' issue is the essence of the Palestinian cause as a political, legal and humanitarian one that afflicts every Palestinian, and its repercussions are inherited through generations, because of the suffering, displacement, misery and deprivation that the refugees still suffer. The State of Israel pay a lot of effort to prevent the Palestinians from this right, and is responsible for their plight and displacement because of the racist laws imposed and enacted by it, in addition to the bias of the United States of America alongside Israel in light of the weakness of the international community and the politics of the one pole. This requires the search for alternatives and solutions to enable the Palestinian refugees to exercise t

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Publication Date
Mon Jan 30 2023
Journal Name
مجلة العلوم القانونية
تطور مفهوم العيب وفقاً لاتفاقية الامم المتحدة بشأن عقود البيع الدولي للبضائع لسنة 1980
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يتناول البحث احكام العيب في اتفاقية الامم المتحدة بشأن عقود البيع الدولي للبضائع لسنة 1980