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 fol
... Show MoreThe legal protection of the human genome is an ethical issue related to the future of human existence. After the disclosure of the human genetic map, scientific practices and research related to the human genome increased, especially the negative applications of genetic engineering that violates basic human rights, especially the right to human dignity, and pose real challenges to the existence and diversity of Present and future generations. Therefore, the existence of legal rules at the national and international levels is an absolute necessity to prohibit these threats and to arrange civil and criminal liability for those who violate them.
The implementation of the rule of hardship brings facilitation requires several conditions that must be observed in order for the provisions to turn from difficulty to ease for the taxpayer, whether those conditions are related to hardship necessitating facilitation or conditions related to the person charged with hardship. Knowing this issue is extremely important, especially with regard to hardships that were not mentioned in terms of control or specification.
Intervention in the criminal case requires examining the evidence examining the identity of the accused, and preparing him with all the necessary elements to issuing the verdict, and in view of the procedures that this research takes, which may extend for a long time, thinking has turned toward dealing with the criminal case without the criminal judiciary, and this call has escalated with the trend to give the victim an important role in
... Show MoreThe international community has sought to establish a judicial institution that works to apply the law fairly، as a result of a necessity dictated by the circumstances of the international community، and Because of the great violations against humanity in times of peace and war، and in order to establish the parameters of international criminal justice between all societies and countries، this necessity resulted in the idea of establishing an international criminal court . A court that enjoys independence and impartiality exercising its international jurisdiction according to legal procedures to suo any one accused of committing an international crime in to inflict Penalties against him or her، whether
... Show MoreThe English judge while dealing with the contractual breach، takes into account an aim that the legal solution he makes consistent with justice. Such concept allows the judge to order for the specific enforcement of the debtor’s contractual obligation if the compensation was not a sufficient remedy to redress the damage resulting from that breach. However، the conditions imposed by the rules of justice and the impediments that make the technical scope of this remedy very limited in the positive aspect. And modest in his negative one '' injunction''. Despite of its complementary function among the remedies for contractual breach، specific enforcement in English law may affect legal consequences because of its unique nature، some of
... Show MoreOur research (applications of the popular referendum in the Constitution of Iraq 2005) speaks of the popular referendum, which is one of the most important means of expressing the will of the people directly, so as to ensure the participation of the act in the political decision-making in the state. Among us the most important referees working referendum in terms of definition and types and what A popular method is useful in direct political action and also dealt with the provisions of the referendum in the iraqi Constitution of the year2005.
بعد سقوط النظام السياسي في العراق في ٢٠٠٣/٤/٩ حصل فراغ دستوري وسياسي ولم تكن الرؤية واضحة لدى سلطات الاحتلال بغية اتخاذ القرار المناسب ففي أكانت تعلن أنها جاءت محررة ومنقذة للشعب العراقي ثم عادت واعترفت بالامر الواقع بكونها سلطة احتل مما رتب عليها مسؤوليات كبيرة وجسيمة وفقا لمبادئ القانون الدولي وقرار مجلس الامن الدولي رقم ١٤٨٣ لسنة ٢٠٠٣ والذي دعا (المعنيين): كافة الى الوفاء بالتزاماتهم بمقتضى القانون الدو
... Show MoreAt present, a scientific certificate has great importance as an indicator of the level of the educational qualification of a person, and a criterion on the basis of which job appointments are made. The title is granted by the scientific certificate. The status of the scientific certificate has had a dual effect. On the one hand, it encouraged persons to pursue educational attainment in order to obtain the highest scientific degrees and the associated moral and material advantages, and on the other hand. It prompted some to seek scientific degrees by any means or method and at any price in order to benefit from these advantages. This situation led to the emergence of unlicensed and fake universities that do not have a real presence on rea
... Show MoreThe issuance of the current Constitution rejoiced jurists issuance of several legal reforms, particularly in the civil field, the importance of public service as a commissioned a national social service targets based out of public interest and serve the citizens in the light of the laws in force and this provision consistent with the provisions of the Constitution in force, they serve a special kind of aims to achieve the public interest and is composed of the powers, duties and responsibilities entrusted to the employee legally performed in accordance with the objectives of the department to serve the public interest. It is not a privilege for those who are enrolled or a favor to the masses, because the employee of the citizens and the
... Show MoreThe harm that a member of the internal security forces causes to others is either to ask about him personally according to the rules of responsibility for personal actions whenever the injured man is able to prove the error on his side Or to ask the Ministry of Interior according to the rules vicarious liability, which obligate the follower to compensate the harm caused by his subordinate to others whenever the injured failed to prove the error on the part of the employee of the internal security forces As the error is considered presumed by the Ministry of the Interior without requiring the injured person to prove the latter’s fault, and the reason for that is to protect the injured by facilitating his obtaining compensation, as the o
... Show MoreThe dependency means the existence of a subordinate to whom a dependant is attached and extends his judgment to him, being and nothing, Dependency has elements that must be available to achieve the dependency relationship, which is the existence of dependent and master with a link join the first to the second, and dependency may be between two obligations, between two rights, or between two things, And we suggested the nature of the obligation as a criterion for verifying the existence of dependency , Which requires the subordinate's attachment to the master with a permanent fateful bond so that one of them does not separate from the other, for the existence of the follower is associated with the existence of the master and it does not e
... Show MoreThe right to property is one of the most prominent and most important of the fundamental rights that the individual enjoys, whether national or foreign, both of them have their own private property that may not be affected except for the requirements of the country's economic development or what is known as the public benefit, and the Iraqi legislator did not specify what is meant by the removal of foreign investment. Of the bilateral international agreements (BITS), as it determined its terms and methods, the properties of foreign investors may be expropriated in a direct and indirect way.
The legal system of found property is considered as a reason or method of preliminary acquisition of ownership, as well as two other reasons, that is to say, the fixture of personal chattels, and the adverse possession, resting on the principles of equity, and included within the English common law of customary origins, which is unwritten and based upon judicial precedents of the English courts, equity and later legislations. It is worth-bearing in mind that the found property is the lost property on which the finder enjoys more rights than all other people, except its original owner. It is also worth-mentioning that the treasure trove is considered as found property in the English law. and it is any object at least 300 years old when fo
... Show MoreWe can say that the civil law is the most important subiect of the civil law which the conflict is still found in its original
oblems and which the confect of the function of this respon sibility in on it, and if the compensation in it is estimate the fault of the responsible have effect in this estimation. Because of in spite of the most laws adapting the idea of full compensation, but the full research in it idea of full compensation that the legislator take in the degree of fault bulk in estimating the compensation.
The Constitution of the Republic of Iraq for the year 2005, in force and following most of the previous Iraqi constitutions and the constitutions of the Arab countries, states that Arabic is the official language of the state. Recognition of the great and lofty status of it, it is the language sanctified by the Creator (Almighty), by choosing a language not written by Heaven and the dominant of them all (the Holy Quran). In addition, it is also the endowment of lingual to the seal of his prophets and the leader of his messengers, the greatest Prophet Muhammad bin Abdullah (peace be upon him). Moreover, this is what questioned the study of the rules of this constitutional demarcation of the Arabic lang
... Show MoreClimate change poses a difficult challenge to social justice, people are not equally affected by climate change, especially the most vulnerable groups in developing countries because they are least prepared to face the effects of climate change, and the term climate justice is used to consider human rights, equality and historical responsibility in relation to climate change, and concepts of environmental justice can In particular, social justice in general is to achieve climate justice through the implementation of human rights, and within the framework of international efforts to confront climate change, the 2015 Paris Agreement was adopted, which included mechanisms based on transparency and subject to international review, and recogn
... Show MoreThis study aims to investigate the nature of the recruitment of people into terrorist organizations that have spread in international societies, this phenomenon that did not arise out of a vacuum, but rather that it has its causes and its intellectual, psychological, political, and social motives, as well as economic and educational motives. These reasons may be intertwined with each other, so today we are facing an important and dangerous issue launched by terrorist organizations, by recruiting certain people, who are carefully selected and according to specific specifications, taking advantage of their social and family problems, the class differences they suffer from in their societies, and their desire for revenge, for their feelings
... Show MoreBecause bank deposits, whether cash deposits or securities deposits, entail obligations on the bank, it is natural that violating these obligations results in the realization of its civil responsibility, and responsibility in its general meaning is culpability and liability. The source of this obligation was the agreement or the law, and the work of the rules of civil liability is based on the availability of three pillars, which are the error, the damage and the causal relationship between them, and as long as the bank deposit is a contract, the responsibility of the bank in the event of a breach of one of the obligations arising from this contract is definitely a contractual responsibility, but it may be imagined The establishment of t
... Show MoreThe aim of this research is to identify the guarantees of collecting evidence in the administrative investigation in both the Federal Decree-Law No. (11) of 2008 regarding human resources in the federal government and its amendments, and Ministerial Resolution No.(1) of 2018 regarding the executive regulations of the Human Resources Law in the Federal Government, Compared to the Jordanian Civil Service System No.(9) for the year 2020. In order to find out the guarantees obtained by the employee to whom the job violation is attributed in order to confront the authority of the administration in the event that he is referred to the administrative investigation in the stage of collecting evidence. And to search for the balance between the le
... Show More- S. Supreme Court plays a very important rule in American legal system, especially in the domain of constitutional interpretation and judicial review. This importance emerges from the precedents of the court which considered as compulsory rules on all the authorities. However, the supreme court can overrule its precedents. This research is about the factors which effect the court’s decision on overruling, dividing them on internal and external factors.
The source of the internal factors is the precedent itself, while the source of the external factors is the circumstances surrounding the precedent.
Handling search partial very important, a contention seller if I keep property under the condition with the creditors of the buyer, since it is known that the creditors of the buyer deal with the buyer as the owner did not know anything about this condition, and thus the UAE legislator in Article 732 of the UAE Commercial Transactions Law No. 18 for the year 1993 came by virtue of a lack of protest provided to retain ownership in the face of a group of creditors - creditors of the buyer - and the goods had entered the stores, on the other hand civil transactions law No. 5 of 1985 ratedid not want anything about it in the, and therefore, the seller would be affected obvious damage it came this study-in-law civil attempt to reach the prote
... Show MoreConsidering 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
... Show MoreThe idea of citizenship is one of the old political and legal ideas that have long occupied a wide area of thinking in most countries of the world because the right of citizenship is linked to the identity and cultural reference of human persons of different origins and ethnicities. Citizenship is the equality of citizens irrespective of religious, sectarian, tribal, ethnic, or sexual tinctures. Countries sought to enshrine this right through international conventions, affirmed through the constitutions, statutes, laws, and media of States, to increase the association of individuals affiliated with the State with their national identity and to grant these individuals all their rights under international conventions, constitutions, or dom
... Show MoreFreedom of trade are determine according to the philosophy of power that put the Constitution, it has been considered as individual Freedom, Then freedom evolved towards adopting social doctrine, Which allows the state to intervene for social justice, Then the new concept which is based on a market economy.
According to this concept the state will put the laws to control competition and trade, and it impose appropriate taxes, and have a right to Exercise in economic activity on the basis of equality, as is the case in France, Spain, Russia, Egypt .
The Constitution of Iraq for the year 2005 taking new concept of free trade indirectly as one of the modern foundations to repair the economy.
The investment contract that has a foreign element is considered amongst the contracts that have their legal and international economical weight, for what it represents in all countries’ economies, and achieving progress in many fields that investment has its effects on their growth and establishment as its at the centre of everyone’s attention. As well as that the variety in opinions and the presence of differences in the contents of these contracts, and the confusion between them and other international contracts, and the considerable interest jurists have in them have all led to not having a legal definition for them, as most definitions the describe them are more economical than they are legal, and the reason for that is that law
... Show MoreRegulation of contracts for the representation of professional players has great theoretical and practical importance; The FIFA has issued a new regulation to deal with football intermediaries instead of the previously exist provision of the former players' agents. The FIFA also committed the national associations to use these new regulations through issuing new national provisions. Regarding the international and national regulations, we address the meaning of the football intermediaries, the characteristics of the contracts concluded by such intermediaries and its legal provisions, the rights of the football intermediaries, and the obligations incumbent on them.
The right to obtain information from the most sacred of rights and the most important and Olney represents spiritual humans importance, and building on it has the researcher spoke through Take the study for the content of this right and organization at the international and local level, as it meant the international conventions long ago this right and arranged for him sufficient guarantees rests countries in places much like Universal declaration of Human rights, but that this right has been many difficulties in the Jordanian legislation initially that the case came to what it is now, when the Jordanian legislator responded recently to popular demands and issued a guarantee the right of access to information law No. ( 47) for the year (2
... Show MoreWork for public benefit (Community service) is a criminal punishment that restricts liberty. The convicted person performs an unpaid work for public benefit, The judge determine in the ruling the number of working hours and the period of completion within the limits set by the law. It is a new and unique punishment that involves punitive treatment outside the prison walls. It spawned of the necessities of rehabilitative justice to Confrontation the crisis of the punishment for deprivation of liberty for a short period (custody). The main aim of the work penalty for public benefit is to rehabilitate the convict to reintegrate him socially, which is the first rank among the aims of punishment under contemporary punitive policy. This punish
... Show MorePiracy is one of the most important problems faced by sound record producers, because it is a problem that evolves with the development of time and technology, and although piracy is not a new problem, it has received great attention in recent years, because of the means by which (the Internet) and its size result from it, even In many of the ruler, describing it as (the crime of the electronic age) and she participated in the great harm it causes to all the groups involved in it producing the sound recording, because there are three categories that contribute to the production of the sound recording, which is (the author of the recorded work, the artist who performs the work and the producer who performs an operation Performance recordi
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