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The right to a remedy for victims of violations of international humanitarian law ) A comparative study of national laws (

abd ali mohammed sewadi

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 6-38

International law guarantees the humanitarian protection and assistance for victims of armed conflict , however , when aperson becomes avictim of violations of humanitarian law debends , in fact ,the protection afforded by this section of the law , it provides in particular for victims of gross violations of chances slim for compensation , but may not provide any opportunity . And different international humanitarian law international law on this point are strikingly different , human rights are abranch of the law is similar, but distincthim know clearly the right of victims to receive compensation in the case of violation of their fundamental rights, has authorized the Rome Statute of the.International Criminal Court that court recently in determining the extent of the injury or loss or damage caused to the victims and to compensate them judgment , humanitarian law in fact does not guarantee explicitly for the victims of violations of the right to obtain legal redress.This research deals with the legal means provided by the domestic law and international law for the victims of violations of international humanitarian law in order to ensure respect for their fundamental rights are studying the issue of the right of victims to receive compensation in any domain can highlight this right

Photos of the damage to differentiate in Iraqi legislation and Comparative (A Comparative Study of Islamic jurisprudence)

dhiy abdalla abood; hader hessan alshemari

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 39-73

The separation of marraige which is signed by the judge causes many , but the most important of these , but causes what is known as differentiation to damage the physical and moral , which affects one spouse by the other , so that this damage with survival cannot be with him to continue married life bid it is a mug at the heart of this relationship merges feelings hatred towards the other especially toward the victim perpetrator harmful And if most of the legislation comparison did not put a definition or meaning clear to the damage that leads to the band , but merely , as we shall see , is included by some photos of this damage , for example, but not limited to , the Quran , both legitimate or legal was the course of this legislation, but only in some lists what is such harm that governs them to seperation Under Iraqi law, it there are four other types of the damage to non- the typeof material and moral damage contained in the first paragraph of Article 41 of the Iraqi Personal Status Law in force , passed a law under which both spouses request for judicial separation

War in the digital space vision for the future

samer moed abd-al-latef

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 74-121

With the rapid technological developments in the world in last decades, the states have adopted increasingly on the computer in management and guidance of its various activities. After that the international network of information has become, not only the backbone for the information s exchange on a global scale, but also contributed in creating another world is (Digital World). The repercussions of this revolution knowledge and its sophisticated technology that associated with it have moved effectively into the field of war and its tools, in the context of what is known as( cyber warfare), which led to the diversity of images and methods of this war and even its goals; since many means of control on military operations have moved into the cyber field, just as the military confrontations (non-bloody)have moved to the virtual world. At this point ,we can adopt the assumption that the future war will be in the digital space (cyber warfare).

Baltbesar commitment mediator in mediation in the Iraq Stock Exchange hold (A comparative study)

aqel fadel hamad aldahan

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 122-156

The Obligation of Enlighten By the Broker in the Brokerage Contract in Iraqi Stock Exchange Stock broker has played a pivotal role in the process of trading in securities within the stock market. The exchange of purchase and sale of securities achieve only by brokers authorized by the market and they are buying and selling securities for the benefit and account of clients .The Brokerage contract between the broker and the client imposes many obligations on both of parties and the most important one is the Enlighten his client of all the information that he cares about, which will create a correctly consent of the client.This obligation arises many problems because of the lack of legal organizing of this contract in Iraqi legislation. Thisresearch,s aim is to determine the conception of the oblgation , as well as indicates the nature, conditions, scope of this contract. In addition, the research explains the provisions of the breach of obligation by the stock broker which represents by disciplinary responsibility in front of the market and civil responsibility that requires a compensation for the damages of client due to such breach.

Criminalization of graft and the principle of innocence (Comparative Study)

kaled kder daham

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 157-189

This research dealt with the subject of (Criminalizing Illicit Enrichment and the Principle of Innocence - a comparative study) as one of the topics that have become occupying an increasingly important at the present time, especially after Iraq became a party to the United Nations Convention against Corruption 2005 according to the Law No. (35) for the year 2007. Besides, Iraq issued Commission of integrity Law No. (30) for the year 2011, which included articles concerning the criminalization of illicit enrichment.The research attempted to study the Criminalizing of Illicit Enrichment and the Principle of Innocence according to a comparative analytical approach. Therefore, this study was divided into two sections; the first one dealt with the criminalization of illicit enrichment as taken by international conventions and regional and domestic legislation including Iraq legislation. While the second section focused on the principle of presumption of innocence of the accused who committed illicit enrichment crime. Finally, this research was ended with a conclusion from which to extract the most important results that have been reached and some suggestions that will hopefully be benefit from them in the future

Mediation in resolving disputes by peaceful means in Iraqi legislation (Comparative Study)

mohammed abdalrda aflog; yaser etewi abod al zobadi

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 190-209

The mediation is can cevned at present time the most effective weans of resolving disputes by peaceful means and spread its scope not only to the criminal case butal so the civil case and personal stable affaires dispute differences in the criminal law.That mediation ( Allosaith ) in the field of criminal law means consensual in the criminal case and this term raises the questim that reuolves around the role of the case parties ( consensual wills ) and incompatible with the public lute rest or the principle of legality that means whether the criminal case- parties may dioable the course of the principle of legality or to waste of public interest which achieved in the course of criminal case and the rhythm of the criminal penalty

Constitutional competences to the provinces Giralmentzmh province in Iraq's 2005 constitution

mohammed jabar taleb

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 210-235

There is no doubt that turning Iraq into a federal state decentralization, has led to a radical change and large in the legal system of the Iraqi state, where he became consists of the capital regions and governorates not central and local administrations.This shift has led to a significant change in the terms of reference governorates not organized province became possessed terms of reference stipulated by the Constitution in solid materials, including shared with federal authorities and relating to the management of oil and gas extracted from current fields including with regard to monitoring and ensuring the rights of the federal, as well as the terms of reference other various resource management The effects of water and related files economic, educational, environmental and health.Also, these provinces that are not incorporated province became possessed by virtue of the constitution of 2005 the terms of reference of pure have practiced on their own, namely those competencies remaining who have not provided for in the terms of reference of the federal authorities exclusive, the mismatch with respect to extraction and Investment natural minerals or in the management of oil and gas fields and future ones Terms of reference have delegated authority from the center

Iran and the security of the Persian Gulf after the 2003 Opportunities and Challenges

hamad jasim mohammed alkazragi

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 236-276

Occupies Iran an important position and weight strategically in the context of relations of regional balance in the Gulf region, and Iran put itself as a regional power in the framework of the interactions of political and security situation in the region, The Iranian foreign policy since the reign of Shah Mohammed Reza Pahlavi, seeking to play the role of filling the security vacuum in the region, and promote this role, especially after the 1991 Gulf War and it has achieved several gains for Iran and regional interests have been activeing the broad hopes to play the role of prominent regional and international standing.This paper deals with security of the Arabian Gulf after major transformations in the region after 2003, a superiority in size, evolution and impact the overall witnessed the Gulf region throughout its history, including the American occupation of Iraq in 2003. Challenges are not limited to threats from regional powers or international, but extended to include direct security threats stem primarily from within the region and include the increasing wave of violence and terrorism. Find reviews visions of Iran posed to the security of the Arabian Gulf, and comes in the forefront of the idea of a defensive system in the form of NATO includes key countries in the Gulf and in particular the countries with which Iran has strong ties. As well as research deals with the opportunities that are available to Iran in order to formulate a vision of their own security are in their own interests and keep all the power, or at least neutralized, whether regional or international influence, as well as the consequences that may be an obstacle to the aspirations of Iran's security in the Arabian Gulf..

Holding credit card (A Comparative Study)

fesel mohammed abd

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 277-304

Credit card system is one of the regimes that received widespread popular among individuals in the countries that took operates banking card , its widespread have been used by the evolution of technology which make the its legal systematization very relenend.the study of the Credit cards contract
emaleles the holdeing knowing what is in rights and Obligation as well as
to know how the pay what to be paid and what is his responsibility.

Third parties who do ask about the lessor and the lessee nodal

ather abdaljawad huseen ali almohana

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 305-336

The contract of lease considered as bilateral contact . his contract normally imposes reciprocal obligations up on the parties , and it is them specified as bilateral contract in the case of breach of these obligations , that is to say , that both parties have ben formally enquired to the fulfill his obligation a both respmsible as result of this breach. But may not issue a breach of the lessor or lessee, it is possible to issue a breach of a third person not a party to the lease, however ask the lessor or lessee this prejudice of which we mean from this research is that others who do not considered a reason foreigners whereby the debtor is relieved of responsibility , so we have dedicated this research to study signification third party who asks for to do the lessor and the lessee nodal through Statement tariff and is characterized by the non-foreign and third parties under the relative impact of the lease as well as Statement types such third parties and groups that ask about both the lessor and the lessee.

The crimes of libel and slander via the Internet

ansam samer taher alhajami

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 337-354

The importance of the subject of defamation and libel in scope of technologkal information being associated with rights which most closely associated with the honor that considered in all legal aspects.this study found an appropriate statement of the position of some comparative laws of defamation And insults, supplying some of the Iraqi judicial applications in this area .

The accused legal comparative study of Islamic jurisprudence

marwa shaker hussen

Risalat al-huquq Journal, Volume 7, Issue 2, Pages 355-390

That the defendant is of the most people vulnerable to injustice in life ; what might subject him from the procedures described being of the most dangerous procedures and most encroachment on human life , both social and personal , for the social level , we find that the community looks into blame and guilt to anyone ; once he put the locus of suspicion in the commission of a crime, but goes far more than that to seal his conviction and criminalized , either on a personal level, we see that the defendant is subject to difficult and complicated procedures of arrest and detention and interrogation and inspection may put an end to the trial of the fate of his life forever.

Problematics of artificial fertilization Social study compared the Islamic jurisprudence

maki abd majed

Risalat al-huquq Journal, Volume 6, Issue 1, Pages 186-203

As a result of evolution in the technology of artificial fertilization is necessary to study this subject from several aspects , including the social aspect , which looks at how the process of fertilization and the pillars of this with a statement of values that govern aspects of this subject as well as the problems of legitimacy , which gives legitimacy to the feet to give birth so . the research including three sections the first one deals with social dilemma while the second discuss in alternative processes uterus and the third one analyse the problematic ratios born . the conclusions are out of artificial fertilization , as well as a vacation most jurists of these processes. the majority jurists stressed and inadmissibility on the use of alternative uterus as research found that these operations have sparked social related to the newborn and the couple , especially in our society , who has close cultural and religious values .

The role of international conventions in the development rights laws Copyright in developing countries (Iraq a model)

hader hessan alshemari; ali mohammed kalaf

Risalat al-huquq Journal, Volume 7, Issue 1, Pages 155-198

The history of the international copyright system showed from the beginning that it was put in place to promote the creators of copyright, who mostly came from developed countries. Although developing countries fought hard in the 1960s and the 1970s to revise the system to create a more balanced one, their efforts were unsuccessful and were met with skepticism from developed countries. The United States and other developed countries progressively seek stronger copyright protection. This is evident through the adoption of TRIPS, bilateral free trade agreements and now ACTA. The article examines these issues and provides a set of conclusions. Accordingly, this paper is divided into section. The first one deals with the main point of Berne Conventions such as the structures of the Convention and the key provisions of the Conventions. On the other hand, the second section deals with other agreements and conventions which were made in the world such TRIPs Agreement and ACTC

Drugs and their role in human criminality

farkad abod

Risalat al-huquq Journal, Volume 3, Issue 2, Pages 163-182

Drug a very big role in the formation of personal criminal human specific, because they affect the nervous system with iron and thus reflected the behavior of human addict or drug abuser, where he spoke an imbalance in the composition of the psychological or mental and paid as a result the commission of various crimes, whether those offenses against persons or funds, such as murder, beating or wounding, theft or embezzlement, bribery, or torture, or moral crimes as crimes of rape or sexual buggery, indecent assault, noting that most drug addicts and drug abusers who commit moral crimes for loss of control of the instincts and thus weaken the role of the mind to control the instincts and in particular Libido .
As for the types of drugs are divided into plant-based drugs and synthetic drugs or chemical (or as it is called in some Arab precursor drug laws), and also notes that drugs can be used in projects as a suit prescription to treat a particular patient.
On the other hand noted that the drug a significant impact in the composition of the psychological crime through the influence of the nervous system as well as on the psyche of the addict and thereby forming a psychological crime through drug addiction and abuse, note here also that the abuse at drug affects not only just of criminality of the act of an addict, but extends to the economic, political, social, ethical and moral as well as religious monuments, and these effects are reflected negatively on the society

Civil protection of trade secrets (Comparative Study)

sendes kasem mohammed

Risalat al-huquq Journal, Volume 5, Issue 2, Pages 243-288

ان تقرير الحماية للأسرار التجارية امر لا غنى عنه لكثرة الانتهاكات التي تتعرض لها , فاذا توفرت في معلومات معينة السرية والقيمة التجارية واتخذ صاحبها الاجراءات اللازمة للمحافظة على سريتها يتدخل القانون لبسط حمايته لها , لتشجيع صاحبها على الابتكار والابداع ويضمن له استغلالها بشكل استئثاري , الا انه يجب القول بانه ليس للأسرار التجارية نظام حماية خاص , وانما طبيعتها السرية هي مناط حمايتها , فقد تكون الاسرار التجارية محلاً لعقد معين فتتحقق حمايتها بمقتضى الحماية المقررة للعلاقات العقدية وقد لا تكون كذلك , وهذا مما دفع الى البحث عن اساليب اخرى لتحقيق الحماية اللازمة لها , وقد يكون ذلك عن طريق نظرية السلطة اوعن طريق نظرية الاعمال غير المشروعة .

Arbitrary arrest

alla naser hesen

Risalat al-huquq Journal, Volume 6, Issue 2, Pages 133-153

The order of arrest is considered as an urgent decisions personal freedom it is a dangerous to the extent that the law surrounded both with regard to guarantees on who issued or the time limit for the arrest or as required by law and him if it did not take into account these requirements was arbitrary arrests.
That the idea of arbitrary arrest is the same as the idea of arrest and illegal but it is justice that is not only robbed the freedom of the accused issued by a competent judicial authority and takes into account the legal requirements which required by law. That Iraqi law organize issuance of the arrest warrant in the articles (109- 113) of the Code of Criminal Procedure, unless it based on a courts decisions but it did not organize or refers to arbitrary arrest and this defect by the Iraqi legislature

Civil liability arising from commercial dumping in the light of the anti-dumping agreement and Iraqi law

mohammed saed al-saadaouy

Risalat al-huquq Journal, Volume 5, Issue 1, Pages 240-257

The product sprayed, if its entery in the country's trade at less than its normal value, which was the price exported from one country to another is less than a similar price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country. The dumping is a serious problem, its impact on the national economy and the legal regulation of markets and stability, and on the edges of doing business from producers, consumers and others. For longer so dumping aspect of business behavior illegal, which seeks practitioners to circumvent the rules of freedom of international trade to change business as usual, and try to jump on the competition between producers is founded on the comparative advantages enjoyed by each of them, in order to control certain markets and control. Which arranges commercial dumping civil liability.

Conflict of laws in matters of physical money (comparative study)

saleh mahdi kahed

Risalat al-huquq Journal, Volume 3, Issue 3, Pages 190-203

Abstract:-
The legal and the economic relations have not any longer become the central part in the territory of a single state and be characterized with what it is characterized with of a complexity for nation and individuals resort to within the frame of practicing its commercial and economic activity to some legal proceedings which entail legal rights for its parties let alone that such proceedings create significant impacts in international relations due to how the foreign element marks the application of the local law futile in every respect , Despite the theoretical importance of the law limitation topic which must be applied to contractual relations.
The study tackles the issue of law conflict in terms of cash with all the related vestiges . The study discuses this subject within the scope of tow section ; the first deals with the law enforcement on real estate and the most important challenges that face the rule of applying the location law. The second section is allocated to the study of the ruling law of the mobile material wherein the jurisprudential approaches that adopted the outlining of that prerequisite law and the outlining of the scope of its application.

Federal and manage conflict in Iraq

salah jeber sadam

Risalat al-huquq Journal, Volume 4, Issue 2, Pages 113-128

Although federalism in its original from was not designed to regulate conflicts triggered by diversity (ethnic,religious,racial,etc),it is today conceived as one of the better devices to calm inter-group or intra-state conflicts.Both the theoretical literatute and the empirical track record of federations point to federalism's obility to manage conflicts of diversity and preserre peace.The paper attempts to explore the evolution of Iraqi experience in federal that adopt by 2005 constitution.The paper aims to explore the institutions,policies,and practices of conflict management in the context of Iraq federal.

Problematics of artificial fertilization Social study compared the Islamic jurisprudence

maki abd majed

Risalat al-huquq Journal, Volume 6, Issue 1, Pages 186-203

As a result of evolution in the technology of artificial fertilization is necessary to study this subject from several aspects , including the social aspect , which looks at how the process of fertilization and the pillars of this with a statement of values that govern aspects of this subject as well as the problems of legitimacy , which gives legitimacy to the feet to give birth so . the research including three sections the first one deals with social dilemma while the second discuss in alternative processes uterus and the third one analyse the problematic ratios born . the conclusions are out of artificial fertilization , as well as a vacation most jurists of these processes. the majority jurists stressed and inadmissibility on the use of alternative uterus as research found that these operations have sparked social related to the newborn and the couple , especially in our society , who has close cultural and religious values .

Legal protection of undisclosed information

darek kadem ajel

Risalat al-huquq Journal, Volume 4, Issue 0, Pages 91-113

Nowadays, undoubtedly information plays a vital role in the modern legal studies its modernity as new phenomenon in the modern societies and its unsurpassed importance in the economies of the developed countries.
The research deals with the undisclosed information which is a modern category of information and rarely studied by the legal UAE and Iraqi literatures. The researcher has dealt this subject according to new research plan ,consisted of innovative ideas that suitable from the legal point of view for this kind of information.
Moreover the researcher proposed new solutions for trade secrets compatible with the Iraqi modern Patent Law No 81 , 2004.
The research plan is divided into three parts: the first dealt with the concept of trade secrets, the legal conditions of these trade secrets and the kinds of trade secrets.
Whereas the second dealt with the legal protection of trade secrets and the legal basis of this protection.

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