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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 for interpretation may be exactly the best way to ensure compliance and achieve res judicata as indicated  The Court recently, the process of interpretation is based on the priority of the res judicata principle that must be preserved  Specifically, it is the subject of the study.

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Publication Date
Fri Dec 20 2024
Journal Name
Al–bahith Al–a'alami
International Public Relations (An Analytical Study of the Speeches of US President Barack Obama Addressed to the Arab Countries in Crisis)
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In the midst of political, cultural and economic fast developments accelerated, the world witnessed, with the accompanied big communication revolutions, many shapes of powers. Those developments were followed by changes in relations of international level.

The most prominent among those developments was the international public relations which became equal to official international relations. Moreover, the international public relations became a complementary element dur to the growth of public opinion and its affection on political regime. Such growth of public opinion pushed the politicians to address it; and try to gain its support.

The US was the first realized the importance of international public relations. Th

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Superiority of Peremptory Norms in Public International Law
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International law has proven that it is an evolving and flexible law over the years, and despite that, this development takes a very long time, as the concept of peremptory norms took 83 years to crystallize and have concrete and impactful applications, and within this development another modern concept emerged, which is the obligations Erga Omnes in the Barcelona Traction case 1970. We have concluded that these two concepts fall under a broader concept, which is peremptory norms, and this concept represents the common supreme interests of the international community, and consists of rules that transcend all other rules in international law, and it is not permissible to derogate or deviate from them. On the other hand, it bears the oblig

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Publication Date
Sat Jan 09 2021
Journal Name
Political Sciences Journal
Obstacles to reforming the Security Council and new international changes
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The international system that established the United Nations after the end of the Second World War witnessed many changes. These changes overshadowed the nature of the work of the international organization, especially its first and most important executive organ (the Security Council). This has sometimes weakened and dulled the Security Council's role in performing the tasks stipulated in the Charter of the Organization, which has led the Organization itself to work on reforms within it in general and to seek reforms in the Security Council in particular. Academic and advisory efforts were made to submit proposals for amendment to be reflected on the Council's performance effectiveness.

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
International protection from unconventional weapons
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War is one of the phenomena accompanying the human race since ancient times, so we find that the human element has mastered the use manufacture of weapons and worked on their development in order to provide means of protection and prevention from any external aggression by the enemies. The rapid developments on those weapons has led to an increase in their danger, Therefore, we find that the world limits their use production and that’s why many treaties have been concluded to dismantle them and limit their spread, and to preserve the security and stability of countries from the negative damages resulting from non-conventional weapons. From this standpoint, there are many existing international efforts to prevent the spread of non-conve

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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
The authority of the Federal Court of Cassation to alter the legal adaptation of the crime
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The Federal Court of Cassation is a court of law that monitors the lower courts through its scrutiny of the judgments and decisions issued by these courts, and that its oversight is focused on the legal side of the penal ruling, as it monitors the extent to which the subject courts adhere to the correct application of the rules of substantive and formal law represented in the process of legal adjustment. The Federal Court of Cassation has control over legal adaptation, as it is one of the legal issues, and therefore it has the power to change the adjustment with ratification of the penalty or reducing it according to certain controls in which its authority is determined.

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Publication Date
Wed Jan 02 2019
Journal Name
Journal Of Educational And Psychological Researches
Reflective Judgment of University Students
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This research aims at identifying the level of Reflective Judgment for University students in term of gender and stage. To this end, the researcher used Khaleel's scale (2016) for the Reflective Judgment. The scale was administered to the sample of the study which is (200) male and female level first-fourth university students. The results have shown that university students are on the level five of the Reflective Judgment, and the first-stage students have reflective judgment more than fourth-stage students. In the light of these results, the researcher has come with a number of recommendations and suggestions.     

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
Evolutionary Interpretation of International Treaties
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This article dealt with the evolutionary interpretation in three parts: First, it focused on the conceptual framework of evolutionary interpretation of International Treaties, its philosophical and legal foundation and its determinants. As for the second topic, it dealt with the position of the International Court of Justice from the evolutionary interpretation, studying and analyzing its precedents in this aspect and the resulting proposed and adopted criteria. The third topic dealt with the position of the judiciary of human rights through analyzing the rulings of the European Court of Human Rights and the Inter - American Court of Human Rights based on the criteria that were produced by the judicial practices, which varied according t

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
The nature of the claim of lack of jurisdiction in the comparative and Iraqi administrative judiciary
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      The plea of ​​lack of jurisdiction is the most important formal defense in the administrative judiciary, it is a denial of the court’s authority in hearing the case for its deviation from the limits of the jurisdiction that the law has decided for it, and if that court issues a decision in pleading not to have jurisdiction directed at it, the matter does not deviate from one of two decisions, it is either to decide that it is She is competent to hear the case, so she refuses the payment and proceeds to examine the matter, or she decides to accept the defense of lack of jurisdiction raised by the litigants, or on her own if the matter is related to the public order, and she must here refer the case to

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Publication Date
Sun Aug 18 2019
Journal Name
Political Sciences Journal
Strategic dimensions of the Turkish role in the map of international and regional forces balances
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It is necessary to examine the nature of the Turkish position and what Turkey seeks to achieve at the international, regional and Iraqi levels. Or is this external role an expression of foreign policy and has not yet reached the level of maturity that reaches the stage of strategy? The answer to this question is the essence of research in the Turkish role. The answer to this question requires the realization of the elements and pillars that guarantee Turkey's continuity and survival. Continuity is a cornerstone of the strategy. The continuity of the role and its interaction with the event and the ability to employ multiple alternatives are what qualify the state to describe its politics. The external strategy has evolved into. In order t

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Publication Date
Fri Sep 30 2022
Journal Name
College Of Islamic Sciences
The policy of Islamic legislation and its impact on the promotion of the values of justice and the fight against corruption: Legislation, Promotion, Values, Corruption, Justice, Collapse of Nation
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Since the advent of the sunrise of the immortal message, Islamic legislation has always established justice and the right guidance, and has prevented any perversion, injustice or corruption, with a divine system that called in its course the characteristics of the legislation on its general basis and its ability to develop, progressivity, and paving the way with a collective approach, accompanied by the worldly and moral punishment. When the corrupters went too far, reformers were delayed and values were missed; Mankind has been afflicted with the scourge of injustice and loss, and has lost sight of the approach that the Creator of the world has given to the people of the world, for what would guide them in their affairs sooner and later

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