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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

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 Feb 11 2021
Journal Name
Journal Of Legal Sciences
Creditor Protection in the pre-contractual period of the Company Contract

          The pre-contractual period considered as the most important stages that the contract passes, if not the most important at all because of its impact on the implementation of the contract, and this stage is no longer just material works that do not have a legal effect, but has its own system, especially after the amendment that lasted long. For the French civil law of 2016, the existence of the previous stage is not limited to contracting in civil law, but for this stage is specific under the provisions of the private law in general such as commercial law and specifically the law of commercial companies, the commercial company is essentially a contract between the founders and this The

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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
The authority concerned with administrative licenses : A comparative study

The administrative authority (the administration) exercises its activity or work through two forms of business. This administrative act in which the intention of the administrative authority (the administration) is to have a specific legal effect. The risk, and whether the administration is restricted or discretionary in exercising its authority in the licensing area, it must not deviate from the legitimacy framework.

Accordingly, and to be informed of this, we divide our study into three sections, in the first of which we deal with the definition of administrative licenses, and in the second of it we explain the competent authority for administrative licenses in comparative law, and in the third we highlight the authority concer

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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
The Constitutional and Legal Basis of National Human Rights Institutions in Iraq and their Compatibility with International Standards

The issue of human rights has become an international obligation of States, and the mere recognition of these rights by States, no matter how clear and precise, does not constitute a guarantee in itself. The state shall assume its status to respect human rights and fundamental freedoms. The national protection mechanisms are diverse. They are either constitutional, judicial or political. Human rights in Iraq, as each institution or body to be able to exercise its powers, must be based on a legislative basis, whether legal or constitutional basis, In order to achieve its goal of promoting and protecting human rights.

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
Supervision Controls on Companies Concentration

The main objective of controlling companies Concentration is to prevent their potential anti-competitive effects on the competitive structure of the relevant market, in order to protect freedom of competition in it. In this context, it is necessary to verify that these operations do not impede effective competition or reduce it significantly by making it less than it was before, it is necessary to Anticipate all the effects In order to achieve the goal of controlling  on it and revealing their potential restrictive effects. So there must be Auditing Norms that enable the authorities entrusted with the protection of competition and the prevention of monopolistic practices to evaluate these effects and determine their positive and neg

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Publication Date
Fri Dec 31 2021
Journal Name
Journal Of Legal Sciences
Commitments to the victims of international crimes for damage

  Granting rights, especially procedural, to victims before the International Criminal Court (ICC) is a fundamental departure from international criminal courts, whether (temporary or mixed military courts), and for the first time in the history of international criminal justice, victims can participate in reparations procedures before the Criminal Court. Where they can express their views and concerns at all stages of the proceedings, as the 1998 Rome Statute made the victim an active party in the court proceedings by recognizing a number of rights, such as the right to participate in the trial, the right to protection, and the right to legal representation, As well as the right to reparation or compensation.

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Publication Date
Sat Dec 15 2018
Journal Name
Journal Of Legal Sciences
A crime violate the honor in Iraqi legislation

Each person has his own place in society but he may loss his place by commtting deeds reveal by them dishonest behviours that may lessen his respect and trust by society . Mean that time those deeds connted as crime, so, the criminal lawmaker describes them as crimes violate thehonor. Those crimes were mentioned in the penalty law as for exemplification but not specification, which needs more study for that description from the point of view of ability of the results depend on the description . Specially, those crimes may be committed by anyone. Who exposed to disciplinary punishments follows the imposed punishments which assigned by the law of punishments to protect the honesty of the public job.

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Publication Date
Fri Dec 14 2018
Journal Name
Journal Of Legal Sciences
Authentic Judgments in the Judiciary International Criminal Court And its implementation mechanism

      بعد الانتهاء من مرحلة المحاكمة وصيرورة الحكم نهائياً  فى المحاكم الجنائية الدولية ، تأتي مرحلة تنفيذ هذه الاحكام التي تصدرها المحكمة، ومدى حجيتها ازاء القضاء الوطني ، واستنادًا إلى مبدأ التكامل فإن الأحكام التي تصدرها المحكمة الجنائية الدولية يكون لها الحجية إزاء القضاء الوطني، وإزاء المحكمة الجنائية الدولية ذاتها؛ حيث لا يجوز محاكمة الشخص عن الجريمة ذاتها مرتين سواءً أمام المحكمة ال

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
Principle of lex specialis

The principle running a distinguished position among the general principles of law in international law ,and because it is  one of the  well- established  principle in the national legal systems in the world ,and this justifies the voluntary approach of the principle as an expression of the will of stste, so the principle was under study by the international law commission in the subject of fragmentation as one of the legal methods linking the rules systems of traditional interntional law to maintain its coherence. Thst the  works of the principle by international judiciary between the various international legal standards are in accordance with the concept of jurisprudence with certain conditions and in view of its d

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
The competent authority to regulate the residency of a foreigner in the Iraqi and comparative law

        The authority of the state to regulate the entry and residence of foreigners to it is characterized by a great deal of freedom, and it is limited only by the rules of international law that impose on states to respect the minimum standard in the treatment of foreigners, in order to achieve the optimum protection of human rights, regardless of the society in which they live, without consideration. Regarding his nationality or his country of origin, and whatever that may be, the foreigner has now become one of those addressed by the provisions of the law of the country in which he resides, and he enjoys the rights guaranteed by his human being, without regard to his country and nationality, in oth

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Publication Date
Sun Sep 15 2019
Journal Name
Journal Of Legal Sciences
الهدف العسكري المشروع واهم المباديء التي تحكمه في القانون الدولي الانساني

The direct military attacks in international armed conflicts may be against military targets Oalohdav and civilian objects alike, and so these attacks are legitimate, so do not result in an international responsibility, must be directed to the legitimate military targets without objects and civilian objects, and then may ask international law two conditions in these goals even can be counted legitimate military objectives may strikes her, the two effective contribution to military action, and to achieve a definite military advantage when directing attacks against it, and most of the development of international humanitarian law legal principles that limit the persistence of hostile forces to strike and attack targets and objects without

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Publication Date
Sun Apr 28 2019
Journal Name
Journal Of Legal Sciences
The impact of Iraq's accession to the Convention on Freedom of Association and Protection of the Right to Organize in the reform of the legislative regime of trade union freedoms

In this research, we discussed the following: (The impact of Iraq's accession to the Convention on Freedom of Association and Protection of the Right to Organize in the reform of the legislative regime of trade union freedoms). This agreement contains a number of basic principles and rights of freedoms and trade union rights: Workers and employers enjoy full freedom to form their unions to protect and promote their interests Without distinction or discrimination between workers. She pointed out that the main impact of Iraq's ratification of this agreement is to review and reform its labor legislation in accordance with the international standards contained in the Convention on Freedom of Association.

The first topic included the

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Publication Date
Sat Jul 06 2019
Journal Name
Journal Of Legal Sciences
المفهوم الحديث للطرف في العقد

The contact will be obligated as well as strong if it is contracted in right way. The contract is as the law in its obligation. Everyone must be followed the law so he /she must be obligated in the contract that he /she contracted. There is no clear suitable justification about the concept of partner in the contract that leads to this concept not to be stable. It becomes clearer when the idea of the group of contract appears. The idea of the group of contract in determination of the concept of partner is criticized by the jurisprudence. It tries to put a new concept for the partner in the contract or another one and also they have the same. The persons who have the adjective of partner should be having the same power which enjoy with the

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Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
The Judge's Estimation Power in Giving the Judicial Term in the Execution Case: comparative study

The judge's estimation power in giving the judicial term in the execution case is represented in the possibility of amending the term of the contract commitment. That term on which both parties agreed to execute the contract commitment at its due date, because at the due date of fulfilling the commitment the debtor is bounded to pay, yet this fulfillment may be exhausting to the debtor, or causing him damage or harm more than that damage caused to the creditor in delaying the fulfillment.                             

             &nb

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Legislative Framework of Public Utility Concessions Award : A Comparative Study

      Public constructions contracts and concession, have been a link between the public and private sector for decades and we may find serious  international efforts to consider it as an effective economic and legal means of providing public services(legislative framework), in the same time prevents states from drowning in loans, regrettably that Iraqi and Arab jurisprudence is still influenced by  old version of oil concession agreements,  in its research writings about the partnership between public sector and private sector. We have studied in detail the legal mechanism of concession award especially in France, We also studied the position of Egyptian legislation and focused on constitutional l

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Tax Breaks and Investment

Iraq alerts to the fact that it is necessary to keep pace with globalization and the need to attract foreign investment, in the hope that it will find a solution or it will be possible for it to control its economic problems, the most important of which is the problem of unemployment. incentives such as tax breaks.

  So it is necessary to study those exemptions and study their role in encouraging foreign investment in Iraq.

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Publication Date
Tue Oct 29 2019
Journal Name
Journal Of Legal Sciences
Remedies breach content of contract Study in French law according to the Decree 131-2016 and the preliminary draft amendment to the Civil Liability Act of 2017

The Contracts must be executed according to their content. Therefore, the parties must fulfill their obligations as stipulated in the contract content. If one of them Do not execute his obligations, his contractual responsibility is to breach the contractual content of his contract.

This principle does not differ in law, but the difference lies in what is wrong or not, as well as different ways to address this breach.

The breach is not limited to the failure of the parties to fulfill the obligations under the contract, but the description of the breach applies to the cases of non-implementation of obligations not mentioned in the contract - secondary obligations - and the liability is also contractual, by virtue of chargi

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Publication Date
Thu Oct 08 2020
Journal Name
Journal Of Legal Sciences
The Impact of Coronavirus on the Implementation of Contractual Obligations

ان الازمة الصحية العالمية الناشئة عن انتشار فيروس كورونا (والذي وصفته منظمة الصحة العالمية في 30/كانون الثاني/2020 بانه حالة طواريء صحية عامة مُثيرة للقلق الدولي، ثم عادت لتُسبغ عليه وصف الجائحة   pandemic  في 11/آذار/2020) وما أتخذته السطات الحكومية في دول العالم المختلفة من تدابير وأجراءات متفاوته (سواء بمستواها الاعلى من فرض حظر التجوال الشامل او ما اطلق عليه عالميا بالحجر المنزلي وبالتالي تعطيل كافة القطاع

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The legal framework for the process of monitoring the electoral register a In the comparative countries and Iraq : A Comparative Study

This study entitled (The legal framework for the process of monitoring the electoral register (a comparative study between Egypt and Iraq)) shows the importance of monitoring the right to participate in political life and public affairs، as all electoral legislation in democratic countries is keen on the integrity، integrity and legitimacy of elections، and one of the most important guarantees of this  Existence of effective oversight at every stage of the electoral process، including the preliminary stage. Oversight is the process of collecting and inventorying information about the electoral processes in all its stages، by following an organized mechanism in collecting information on each stage، which is then used to issue o

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
Criminal protection for minors in terms of social

Minors are considered the category that cannot and does not have the right to protect themselves or obtain their rights, and hence it was necessary to protect and take care of them. The care of minors in its natural form is based on his care within his family and society in general in which he grows up and interacts with his members. Hence, we find the criminal legislator has punished for the actions that It affects the social position of the minor, and for the purpose of explaining the objective criminal protection of the minor from the social point of view, we divided this topic into two sections.

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
Payment of administrative responsibility for electric power facility: a comparative study

The scope of the electrical power facility is determined by its employees' mistakes as follows and subject to its control and guidance, as well as those affiliated with mechanical machines or dangerous things that require special attention, and can be denied the responsibility based on a number of means to which the defendant is resorted to it, the law has been granted For the requirements of justice and to judge the judiciary in many of the provisions issued by an investigation into the principle of equity. The most important mistakes, which are the most important means that the electric power facility can resort to existing responsibility in accordance with Article (219) of the Iraqi Civil Law, which is responsible for fulfilling acts,

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Publication Date
Sun Jul 07 2019
Journal Name
Journal Of Legal Sciences
The specialty of the contract of participation that ended with ownership

The contract of participation ended with ownership is considered as a new contract which preceded the legislations and accompanying the reality in which the parties of contract go into partnership in a certain project and sharing its profit and loss where any party shall own the project through buying the portion of the other party or parties from the incomes of that project or any other resources as a single payment or in form of payments as agreed.

This type of contract has special provisions that made us to choose the specialty of contract of participation that ended with ownership as a subject to be discussed in this research through three research works:

  1. The specialty of the concept of contract of participatio

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Publication Date
Sun Jul 07 2019
Journal Name
Journal Of Legal Sciences
مبدأ المشاركة بوصفه ضمانة لحماية الاستقلال الذاتي لولايات الدولة الاتحادية ( دراسة مقارنة )

The federal system of the components of the federal state provides autonomy to ensure a presence of its own constitution, independent and local authorities for the federal government. Also it saves a lot of disciplines especially as fall in internal affairs. This independence is an essential element in the presence of the federal state, so states keep to protect it in different ways. From the most important to ensure the participation of the Federal territorial units in the exercise of power, where reserves the right to representation in the composition of the federal bodies and contribute to their decisions.       

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
International Double Taxation and the Methods Treat

The Phenomena of Double Taxation becomes a problem that all countries suffer from it specially developing countries where the double taxation becomes an obstacle before investments. Thus the world countries attempt to find a solution

or this problem through national and international agreements

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Publication Date
Wed May 29 2019
Journal Name
Journal Of Legal Sciences
Sustainable development and nuclear energy -The dialectical relation –

 Today, development is the dominant idea at the international and national levels, while energy is at the heart of development as the engine and vital element of modern civilization, which can’t be achieved without the participation of an energy policy that takes into account this concern. At the same time, we can’t make any development in the margins of human rights, in other words, if we are to move to development, it would be wise to do so taking into account the rights of present and future generations, whereas they provide the greatest amount of development and less environmental damage. This may not be possible for all energy options, including nuclear, because of its intersection with the rights of future generations.

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Mechanisms to combat Illegal immigration at the International and Regional Levels

The phenomenon of illegal immigration is a global phenomenon that threatens the security and stability of the majority of countries. This matter prompted the international community to exert efforts and cooperate in order to combat it or reduce its effects. This was done through the development regional levels to eliminate the phenomenon of illegal immigration.

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
The International Responsibility for Repelling Boat Refugees

The maritime borders of the coastal state are the scene of the human tragedies that we are witnessing in the context of the perilous plight of refugees at sea، and the failure to help people at risk by the coastal state will entail international responsibility towards them، and the three international maritime conventions، commitments aimed at coastal states with the duty to provide assistance and rescue to persons in danger of being lost at sea، is without doubt one of the most basic principles established in the law of the sea، in addition to establishing and operating And maintenance of the search and rescue service، and not to expel them and return them to their country of origin or another country.

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Publication Date
Thu Mar 02 2017
Journal Name
Journal Of Legal Sciences
دور القضاء الدولي في تطوير إلزامية مبادئ القانون الدولي الانساني (محكمة العدل الدولية إنموذجا)

We had, in this research, the role of international justice in the mandatory principles of international humanitarian law development (ICJ model), where divided by the two sections: the first, outlining the direction of the international character of the judiciary on the Convention and the principles of customary international humanitarian law.

The second section, which handled the position of international justice in the peremptory norms of international humanitarian law of nature.

In conclusion we dealt with the most important conclusions we reached in this regard, and some of the necessary recommendations in this area.

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Legal Nature of the Central Criminal Court

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
Sun Jul 07 2019
Journal Name
Journal Of Legal Sciences
القيود الواردة على إجراءات التعاقد بأسلوب المناقصة العامة

In the domain of public law administration enjoys the privileges of public power, but it is in the field of administrative contracts is not free contract in any way you want, Valmushara intervenes to restrict the freedom of administration to follow a contracting methods set forth in, the most important of these methods is the public tender method, as a general principle of the contract, so Leaders are subject to a number of legal restrictions in the conclusion of their contracts do not meet like individuals in the conclusion of their contracts own, because they do not equated with individuals to freedom of expression of will to conclude contracts, and justification that the administration in its contract aims to achieve the public intere

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