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The Mechanism of Incorporation the Treaty and its Legal Value into Iraqi Law
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     The importance of international treaties reside at the present time in regulating a several issues within the internal scope of the state, and that after it was monopolized by the internal legal system of the latter, besides this the three authorities of the state assume the task of implementing the obligations imposed by international treaties on the states party to them.

      Therefore, we will expose in this study the mechanism used by the Iraqi state in incorporation the international obligations into the Iraqi internal legal system under the successive constitutions from the establishment of the Iraqi state until the issuance of the constitution (2005) in effect, as Iraq followed the approach of indirect incorporation of international treaties, which made the legal value of the international treaty Inferior to the constitution and equal to the legal value of ordinary Iraqi legislation. 

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
The legal nature of nullity in a period of suspicion
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Represents the period of suspicion period between start date stop payment and date of issuance of the rule of bankruptcy, and that behavior performed by the merchant debtor in this period is the behaviors suspicious. Once to stop the merchant debtor to pay its debts makes his action marred by disorder. as it may harm creditors or a preference for each of other because it feels along of bankruptcy or it may oversaw  so distrust legislator of his action in this period which is the most dangerous periods and most dangerous on creditors , the legislator stipulated that action issued by the debtor during this period should be null void the aim of the legislator is to protect the creditor community and that the non-exhaustion of the dispo

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Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
The Concept of Obligations Erga Omnes in International Law
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The International Court of Justice, as the main judicial organ of the United Nations in its ruling on the Barcelona Traction case, raised the concept of obligations Erga Omnes in international law, but this Latin term Erga Omnes has been used with different meanings and connotations. Through the extrapolation of the jurisprudence of the International Court of Justice, we note that it used the term In the context of its traditional meaning of expressing issues related to protest and legal interest at times, and the issue of international law enforcement at other times, it also used the same term to justify the application of the effects of some international treaties on states that are not party to it, or the application

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Legal Nature of the Central Criminal Court
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In this paper, we discussed the legal nature of the Central Criminal Court with two demands: the first relates to the legal basis of the Central Criminal Court, and the second is related to the criminal justice system.

          With regard to the first demand, we have highlighted the stage after the change of the political system in Iraq in 2003 and the subsequent assumption of the US Governor for Civil Administration Affairs in the country and the issuance of a number of resolutions, including what we discussed in the first section (the first legislation No. 13 of 2003 ), Which included twenty-three sections, some showing how the Central Court was formed and the most important rules

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Publication Date
Fri Mar 15 2019
Journal Name
Journal Of The College Of Education For Women
The Moral Value in Iraqi Society between Change and Constant
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The problem of constant and change values is one of the important problems that the philosophy thought had faced as the religious and social studies had taken it as it considers as one of the most dangerous which touch the basic . the research deals with the effect of change value of new Iraqi situation to be as an attempt , as participation or an excitement that can be occupied a space through the area of questions on the fix and change of moral values shed light on the economical ,social and political events that the Iraqi society passes through them .it is part of interests that becomes importance to everyone through the light of moral change Which is arbitrary to the life of the individual .It is not possible to rebuild the society o

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Publication Date
Tue Dec 01 2009
Journal Name
Journal Of Economics And Administrative Sciences
The global financial crisis and the role of war and its characterization as solutions "The objective roots and the legal possibility of the crisis in economic thought"
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في البداية اود الاشارة الى ان فهم حقيقة الازمة هو ذو جانب فني يتعلق بالجينات الوراثية لنظام يملك في احيناته قدرة عالية على تفريخ المشتقات. هذا النظام الذي يزداد عقما وتدميرا يزداد قدرة على خلق النقود الائتمانية/المشتقات، وكلما اقتربنا اكثر من فهم هذا الجانب كلما اسقطت في ايدينا تلك التوصيفات الاكاديمية الجاهزة في نقص الرقابة والاشراف، تركيز المخاطر،....الخ التي تناولتها الكتابات الشائعة في معظم طروحات

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Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
Autonomous weapons in the light of the principles of international humanitarian law
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This paper deals with "the prohibition of autonomous weapons in the light of the principles of international humanitarian law", The autonomous  weapon is the newly developed type of weapon, and it is the latest of the genius of the human race in finding another "automatic" race to undertake combat operations on its behalf, However, this matter was not left at all, Rather, each party to the armed conflict must abide by the principles of international humanitarian law to avoid the harmful effects of that weapon, In particular, adherence to the text of Article 36 of the First Additional Protocol of 1977, which obliges the Contracting Parties to conduct a review of their weapons before their launch to find out what is prohibited and per

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Enshrine the Principle of the Common Heritage of Humanity Within the Framework of International Law
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The international community began to realize, following the discovery of  vast wealth in areas that fall outside the territorial limits of states sovereignty, that the huge difference in scientific and technological development between developed and developing countries may give developed countries the opportunity to exploit these wealth, and this, in turn, will lead to a widening gap between countries, developed and developing countries, and the consolidation of the principle of inequality due to the lack of third world countries with the capabilities that allow them to participate in the exploitation of these wealth, and when these concerns came to the fore in the United Nations General Assembly in 1967, Ambassador Arvid Bardo, th

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Publication Date
Sat Apr 27 2019
Journal Name
Journal Of Legal Sciences
Legal ways to reform the tax system in Iraq
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The purpose of the state of tax is not only to achieve financial goals but also economic, social and other goals. And if the Iraqi state's orientation today in all its legislative, executive and independent institutions towards maximizing its tax resources, this goal can only be achieved through several legal means in reforming the tax system. This is what we discussed in the research of the six discussions. The first represents the unification of the various tax legislations in one law or two laws. Achieves clarity, certainty, justice and convenience. The second is the unification of the tax appeal bodies in a stable judicial system, the provisions and procedures that work on the consideration of tax deductions of any kind in a way that

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
The Legal Effects of Ratification of Preventive Composition of Bankruptcy
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The preventive composition of bankruptcy does not become binding on its parties despite the consent of the debtor and majority of creditors shall only ratify by the court, once the ratification becomes effective and produces its effects, the trader debtor must commit to the terms of the conciliation agreed upon by the conciliation society, a natural person or company, the validity of conciliation prevents the debtor from requesting another composition and also prevents those who commits with the debtor to fulfil the benefit of the conditions of the composition.

However, the partners in the company who are responsible for all of their money for its debts are subject to the effects of a protective settlement and will benefit from t

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Legal Effects of Breaching the Administrative Contract : A Comparative Study
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      The administration concludes two types of civil and administrative contracts, each of which is subject to its own system, and the administrative contract is characterized by a set of exceptional powers towards the contractor in order to compel him to implement his obligations

       And that administrative contracts require a large financial and technical possibility to implement them, especially contracts that focus on strategic projects, including general contracting contracts

      Which is based on the technical competence and merit of the contractor, and accordingly, delay in the implementation of contractual obligations or negligen

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