Preferred Language
Articles
/
jols-50
The Legal System Of Arbitration As a Name Of Setting Foreign Investment Disputes in Iraqi and Kurdistan Region legislation: A COMPARATIVE LEGAL STUDY

Is a theme of foreign direct investment and indirect interest of the world, especially developing countries, and the growing interest in recent issue of investment in Iraq and the region being one of the countries aspiring to attract foreign investment, especially in the natural resources sector, having changed relatively Look uncertainty towards foreign investors, both of by the state or its citizens.

Although mutual cooperation between the state invested and investors to identify those rights and obligations in terms of scope or content of the contract between the parties, but it might get a conflict between the two parties in the exact content of the rights enjoyed by the investor and the obligations due to breach of one of the parties, whether the investor or the state.

So investors seek for effective safeguards for the Settlement of Investment Disputes, and despite the multiplicity of tools that can be resorted to parties in the contracts for the settlement of investment disputes arising there from , But arbitration is an acceptable way to resolve investment disputes where it is an effective way to resolve investment disputes where he became the normal judiciary in this area because longer an effective guarantee for investors to resolve their disputes with the state for attracting investment because they see to spend those last look doubt and suspicion , In addition secret advantage of arbitration, which are commensurate with the nature of the investment contracts it is in line with the desire of investors to stay away from resorting to eliminate the State's national invested and this is what helps keep the secrets of investors and avoid compromising their status and reputation in the field of commercial activity as well as the speed at which characterizes arbitration in deciding chapter in the conflict, as well as that is resorting to arbitration because of its investment contracts from the privacy of the fact that the State attracting investment party in those contracts and that's what the motive for the investor to make the arbitration procedural safeguard for the protection of investments.

So we will address the concept of arbitration and the extent of taking the Iraqi legislature in the investment law to this way of resolving investment disputes and touching to the position of the law the province of which compared with some of the laws, and through two sections separated allocated first to the concept of investment and second to resolve investment disputes (arbitration) model

Crossref
View Publication Preview PDF
Quick Preview PDF
Publication Date
Fri Nov 01 2024
Journal Name
مجلة الكوفة للعلوم القانونية والسياسية
The legal system of mandatory mediation as a mean of setting disputes Comparative analytical study

The mediation system is based on settling the dispute amicably through the intervention of a third party by bringing views closer away from the judiciary, which is an amicable way to settle disputes, which disputants resort to voluntarily, but some Western legislation has begun to impose resorting to mediation to settle disputes compulsorily, to take advantage of its advantages, get rid of the disadvantages of resorting to the judiciary in some disputes, and relieve pressure on the courts.

Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Legal System for Electoral Campaigns : A Comparative Study

Electoral campaigns are one of the stages of the electoral process, and it means the sum of the activities and activities carried out by the candidate or the political party within a period of time, usually one day or more before the polling date, according to the legislation. To vote for this candidate or party, and this process affects the results of the elections, whether parliamentary or presidential, because it targets the votes that lead the candidate or political party to a boost to the presidency of the state or the legislative authority, so that this right is not abused in promoting political ideas and visions, considering This is one of the branches of freedom of opinion and expression that is guaranteed by most constitutions.

... Show More
View Publication Preview PDF
Publication Date
Thu Dec 30 2021
Journal Name
Journal Of Legal Sciences
Legal regulation for a labor inspector: A comparative study between Iraqi legislation and the Algerian and Bahraini legislation

The labor inspector may be exposed - while performing his duties that are legally assigned to him - to threats or attacks on him by employers, which makes it impossible for the inspector to perform these jobs.

This has prompted international and Arab labor inspection standards, as well as national labor laws, to emphasize the need to provide security support and legal protection for the labor inspector, and to punish employers' violators, with the aim of extending the authority and prestige of the state and ensuring the enforcement of laws and thus achieving the goals for which it was legislated.

Crossref
View Publication Preview PDF
Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
The Rule of Privatization in its legal concepts in Iraqi Legislations – Comparative Study with French Legislations

States seek to regulate their economic and financial life to ensure their survival and their continued performance of the tasks entrusted to them in the organization of public facilities and ensure their progress in order to ensure their provision in the provision of public services to their peoples. These countries may follow new economic policies that were not addressed in advance, including the policy of privatization, To put the constitutional and legal provisions governing this economic policy in contradiction to the principles of legality and legitimacy is in the performance of its work, so the search has revealed the rule of privatization as an economic policy in the Iraqi legislation compared to the French legislation for the pur

... Show More
Crossref
View Publication Preview PDF
Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
The responsibility of the maritime agent in Iraqi legislation: A comparative study

The study of civil liability is one of the most important issues of interest in all jurisprudential, judicial and legislative direction, because of the problems and difficulties it requires. the solution requires a focused effort that sets its source, basis, scope, and control with extreme care and accuracy to achieve the right and enable the injured party to obtain fair compensation both with scope of the contractual or tort liability.

In fact, the contract of the maritime agency is what is called the comparative jurisprudence (the contract of the ship's agency) connecting between the terminals of the maritime carrier on the on hand and the maritime agent on the other hand. It is the source of responsibility of each party to the

... Show More
Crossref
View Publication Preview PDF
Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
Legal regulation of the central bank of Iraq: comparative study

The emergence of the central bank was a commercial bank the advantage of the government as if it belonged to him or the privilege of issuing banknotes. There is no comprehensive definition contrary to the concept of the central bank although everyone agrees that the central bank stands at the head of the banking system in the state and takes charge of banking and credit policy in the country.

The central bank is a governmental institution that dominates the monetary and banking system of the state it is responsible for issuing cash and acting as the financial agent of the government in addition to credit central in order to support the economic growth and monetary stability of the country and the central role of the central bank

... Show More
Crossref
View Publication Preview PDF
Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The Compatibility of Iraqi Legislation with the Requirements of the International Financial System in Financing Foreign Trade A Legal Study on the Technical Challenges of Payment Systems and Electronic Payment Methods

The research examines the current Iraqi legislation regarding financing of its foreign trade, its mechanism, and the methods used for money transfers. The research aim is to determine the extent to which these legislations comply with the requirements of the international financial system and identify any legislative shortcomings that negatively affect the value of the national currency, facilitate money laundering, and pose risks to the Iraqi economy and the international financial system simultaneously.

The current reality of financing foreign trade and the mechanism of the foreign currency sale window used by the Central Bank do not constitute genuine financing and have introduced risks, such as money laundering. The Central B

... Show More
View Publication Preview PDF
Publication Date
Tue Mar 19 2019
Journal Name
Journal Of Legal Sciences
The Legal Nature of Exception of Contract Non-Performance In The French Civil Code "Comparative Legal Study: Comparative Study

The exception of contract non-Performance represents an important mechanism in the implementation of obligations. It enables a contractor to refrain from implementing its obligation until the other party has fulfilled its obligations. It is a means of defense, pressure and guarantee of its rights. It is stipulated in articles 161 of the Egyptian Civil Code and Article 123 of the Civil Code While it was not provided for in the French Civil Code except after the issuance of Order No. 2016-131 on the reform of the system of contracts and public order and the establishment of obligations in articles 1217, 1219 and 1220 thereof. These texts, although they did not show the basis on which the exception of contract non-Performance, leaving this

... Show More
Crossref
View Publication Preview PDF
Publication Date
Fri Dec 31 2021
Journal Name
Journal Of Legal Sciences
The legal basis for the right to the city (a comparative study)

The issue of human rights occupies great importance on the academia as well as in the reality, especially after the spread of ideas related to these rights on one hand and the large number of violations they are exposed to on the other hand, which makes it necessary to develop fundamental solutions to the remove the obstacles of implementing human rights.

      In this research entitled (The Legal Basis of the Right to the City: A Comparative Study) we dealt with a new concept of human rights and discussed the basis upon which it is based in international charters, constitutions and domestic laws.

Crossref
View Publication Preview PDF
Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
Merger as a legal means to restructure troubled insurance companies

Economic and commercial developments related to the activities and businesses of companies operating in the insurance sector require dealing with their repercussions and consequences that may affect the existence of those establishments themselves or require their restructuring to adapt to the effects and changes of competition conditions in order to preserve their shares and profits in the market operating in it, and since mergers are among the most important Legal means that constitute solutions to confront the problems and difficulties arising from developments, the laws in general have specified them with provisions regulated by a legal framework that defines the procedures and effects of the correct integration based on legitimate r

... Show More
Crossref
View Publication Preview PDF