Volume 2, Issue 2, Spring 2010, Page 6-213


Legal regulation to establish nationality comparative Alaracahdrash in the scope of private international law

abass zabon

Risalat al-huquq Journal, 2010, Volume 2, Issue 2, Pages 6-15

Abstract :
The Legal organisation prove Iraqi nationality.
Proving nationality is of a great imporatance due to the improtance of nationality itself as it determines the leqal position of the individual in state and society . Despite of This great improtance of proving nationlaity on the international level, Whether for the native or the foreigner , the Iraqi legislator has not established a special organizing to prove nationality . This made it necessary to employ the general rules of proving nationaity . Such a thing is considered a defect in Iraqi Legislation , Which the lagislator should avoid through the enactment of rules to prove nationality. The reason for this that proving nationality is characterised by a peculiarity which renders the general rules insufficient to cover the questions related to it.

The impact of terrorism on human rights - a comparative study between the international conventions and Islamic law

abd ali mohammed

Risalat al-huquq Journal, 2010, Volume 2, Issue 2, Pages 16-43

Abstract :-
If the international conventions have ensured a statement of human rights and gave it great importance, the problem is not in the identification of these rights, but is in violation of such rights to the arena of reality as revealed practical experiences of widespread abuse and dangerous of these rights not only in third world countries, but in the States the developed world too, and if terrorism is the main culprit and the first to commit these violations and is responsible for the confiscation of more than a human right,Strange to say, violate those rights within democratic societies which carry the banner of human rights in all their actions and allow itself under this hair Adlol intervention in the affairs of the other, it felt forth the entire world traje Alapadrh collective committed by the West against the Muslims of Bosnia and perpetrated by Russia in the right the Chechen people and the world can not forget the crimes of apartheid that was committed against black people in the United States merely because of skin color, not only Western countries to violate these rights in their people, but moved to third world countries, and especially Arab and Islamic countries carrying the banner of freedom and equality bested those countries and took control over their lives and kept the totalitarian regimes,
We will discuss in this paper the concept of human rights, whether in Islam or in the international Ahdat adopted by all countries in the world and then gets into the concept of terrorism and its impact on human rights through Mbgesin:
The first topic the concept of human rights
First demand Human Rights in Islam
The second requirement of human rights in international covenants
The second part, means the impact of terrorism on human rights
First demand attempts to define terrorism
The second requirement of terrorism in Islamic law and international law
The third requirementways the impact of terrorism on human rights,and God grants success.

Legal regulation to combat the smuggling of oil and its derivatives ((the study of the law against the smuggling of oil and its derivatives No. 41 of 2008))

dyha abd alla

Risalat al-huquq Journal, 2010, Volume 2, Issue 2, Pages 44-77

Abstract

Oil wealth of important economic, both international and domestic (national), particularly in Iraq, the adoption of the Iraqi economy by dramatically and the decline in the role of the industrial and agricultural sectors, the growing interest in oil and its derivatives, and the increasing consumption increased steadily. It is obvious that the exploitation of and investment of oil wealth in the form that supports and strengthens Iraq's economy, needs legal protection, to prevent or limit the smuggling operations, which affects these resources through the hold all of the resort to the smuggling of oil and its derivatives, was a natural person or legal entity, and by any means, and how was, and regardless of who smuggled them, whether internal or external, is a natural person or legal entity, public or private or mixed. .
And the negative impact posed by the smuggling of Iraqi oil on the economy and to provide greater protection of oil wealth, through the elimination of smuggling operations or reduce it as much as possible, and put an end to the ongoing oil crisis and the scarcity of fuel, and the rhythm of sanctions - that are commensurate with the gravity and seriousness of these acts - the the perpetrators of these criminal operations, Act No. (41) for the year 2008, which aims, through legal provisions that guaranteed to combat the smuggling of oil and its derivatives. This research illustrates the most important provisions that are enshrined in this law.

The legal basis for blood transfusions (comparative study)

hassan mohammad

Risalat al-huquq Journal, 2010, Volume 2, Issue 2, Pages 78-90

If the advancement of medical science and biological weapons has made great strides at the present time, so it becomes imperative for the law to catch up this progress and change some of the traditional rules, allowing everyone to benefit as much as possible from this tremendous progress in the field of medicine and surgery. The present century has witnessed great progress in medical science and methods of treatment so doctors could know the depths of the human body and address was extremely difficult, if not impossible at the senior, and remedies reached by modern medicine and of direct relevance to human life, and raised wide attention in the medical community and various religious, social and legal process is the transfer of blood n blood he drew the attention of people since the dawn of history as a cause of the most important causes of life, because always observed that the human lost his life after losing blood but the neglect and indifference of responsibility by working in the field blood transfusions and save it threatens the possibility of injury to any person the AIDS pandemic and other infectious diseases due to blood transfusions and infections caused by not following the scientific assets due to a blood test, to investigate its safety before being transported.
This became a blood transfusion in the recent period fertile ground not only for medical conferences and jurisprudence as one of the acts, which are a lot of controversy and debate among the men of medicine and law, but for being one of the topics in modern jurisprudence of civil, criminal and administrative.
And blood transfusions to the men raised a new area of law in legal research, so they should contribute, together with men of science and medicine in a legal basis.

International liability resulting from acts not prohibited by international law

talal yassen

Risalat al-huquq Journal, 2010, Volume 2, Issue 2, Pages 91-102

The Present research deals with the subject of "objective international responsibility" which is imposed upon the state for actions that banned by the international law because the law of responsibility has acquired new dimensions through the scientific and technological progress.
The state responsibility has become the consequence of not only actions that are illegal and oppose the ruled of the international law, but also of those illegal, or even legal, actions that cause damage to others.
This brief study about the state objective responsibility is divided into two parts. In part one, we have defined the state responsibility and specified its nature. We have also reviewed its historical development and forms according to the general international law. In part two, we have concentrated on the responsibility chat results from violating actins which are not forbidden by the international law. We have expounded how this idea developed historically we have also specified its meaning and concept in internal laws and foreign affairs. Finally, we have referred to some practical applications of this responsibility within the duties of the international judiciary.
Key words:
Responsibility, International law, harming action, objective responsibility.

Penal system for electronic signature(Comparative Study

nada salah

Risalat al-huquq Journal, 2010, Volume 2, Issue 2, Pages 103-119

Electronical signature is growing to become and appear an actually fact and independent . Undoubtedly , the technological development was imposed anecessity- need to look for about apossibility of protection the electronical signature from any damage and aggression, forthe sake of achieving these protection,Iwrote this research related with the criminal law.
Fit for mention , this research reflect an interst of mans law to prepare agreat legal protection for society because of spreading the crime . In this occasion , the Iraqi legislator did not issue alaw or project or instructions concerned to the electronical signature and its role in the new life of Iraqi society .
The electronical signature is known as if group of letters or numbers or symbols or sounds or system of treatment having an electronical figure appondix or related logically with electronical message , it is stipulated to relate with the person who use it , and dominate perfectly whether establishing or using . Also it is related with electronical message having the connection or by abundance way to be confirmed and rely on about its safety , for changing the electronical record , the signature will become protected criminally .
Applicationally to that , Idecided to wade into this subject in order to be possible for Iraqi legislator notice this name and aggressions shouldered upon him , then regulate it in alaw or instructions or boards resemble situation of another foreign and Arabian legslationa that dealt these terms avoidingly occurance aspecial kind of the crimes donot resembele the crimes which harm the human in his body , reputation , honor , dignity and respect .
These crimes that afflict and amake the society unable escorting the development in the world . The electronical crimes that commit mostly lead to lossing the faith and confidence with modern technological development . This main reason impose upon us to research in this subject .

Injustice and its impact in faultfinding and Alakddrash compared between Islamic jurisprudence and civil law

samera hassan

Risalat al-huquq Journal, 2010, Volume 2, Issue 2, Pages 120-130

:-
(Gabon faultfinding and its impact on the contract - a comparative study between Islamic jurisprudence and civil law)
Have become in our dealings and day-to-day operations spread fraud and deception in contracts made by the people in that time the vulnerability of religious morals and ethics worried. This Macdh the street, the holy book ((Othose who believe not Allah nor the Prophet, nor Omanatkm you know)) the great truth of God.
Perhaps the images of fraud and deception is, however, makes the contract valid and suspended by the will of the Maamu defects.
One disadvantage is the injustice of sedition would be combined after moving to the validity of the contract and the person is fooled by the illusion of thought that the contract had been for him. Thus, the legislature's contracts to organize the people and the stability of their push for a dispute between contractors. Stressed the need to ensure that the consent of the contractors Unblemished correct any defect that would render the contract is suspended, therefore we will address this issue through the first Mbgesin in clarifying the definition of injustice and a standard measure of Islamic law and the law positive in the second and show the validity of the contract even if the independent status and, if inherently Ngrer through the two days leading to the most important option Msagtat Ghaben It is God's reconciling .

Jurisdiction of the Federal High Court in control provisions of the Administrative Court

ali saad

Risalat al-huquq Journal, 2010, Volume 2, Issue 2, Pages 131-144

Abstract:-
The right of the appeal in the verdicts is very important right given to the litigants , because the verdicts Might be violating the rules of law in its General Meaning , So this appeal must be carried out by the ordinary judge concerning the judgment, but , The Legislators was not successful in giving the supreme federal court which is representing the constitutional judicature in Iraq, the jurisdiction in supervising over the verdicts pronounced form the administrative judicature court which is in its role one of the parts of the administrative judicature after this jurisdiction had been determined to the plenary session of the state consultative council , because the legislator did not give the litigants any new securities in this connection as well as this jurisdiction appeared vitiated with unconstitutionality and was illogical, so we hope that the Iraqi legislator will avoid this in future.

Accountable to the President of the Republic before the Federal Supreme Court in the Constitution of the Republic of Iraq for 2005 (comparative study)

mathem hussen; asmael neama

Risalat al-huquq Journal, 2010, Volume 2, Issue 2, Pages 145-169

Abstract
In democratic states the important things the leaders will be under the law when in another types of states the president and the ministers were untouchables by the law that put us in view like the kingdom system when the king was not responsible in front of the law and the popular and that mentioned in the basic Iraqi law in 1925.
In Iraq after the constitutes changing after the publican system was changed in 2003 the law be a clear about that's case the president will be responsible upon the highest union court.
This search is very important in law level because the subject is fresh in Iraq and the console didn't limit the laws of that responsibility it's criminal or what kind belong to ? And there is a problem appearing in cases when the president asking about it upon the highest union court where the console didn't recognize that cases clearly and didn't specify the judgment for that.
If the president do a crime will not defined in the law what was the punishing to him and is the highest union court could judge the president or the console do this judgments ?

Legislative requirement stability and its role in the arbitration in oil contracts

gassan abaed

Risalat al-huquq Journal, 2010, Volume 2, Issue 2, Pages 170-185

Abstract
Oil contracts are considered as the most important contracts which raise a wide range of argument and discussions among the legal, jurisprudence and economic circles equally. This argument was raised by a number of bodies , perhaps the position of these contracts ,which is oil ,makes them a vital economic weapon , and utmost contracts in the field, that have been used in the mid of the ninetieth century up to now.
The great importance of this commodity has led to the variation and diversity of terms included within these contracts, such as the Legislation Constancy Condition, which is considered as the most arguable issue, occupying a vast area of discussions and argument within the jurisprudence circles over its different perspectives.
First issue: Defines Legislation Constancy Condition.
Second issue: Identifies its types.
Third issue: jurisprudence attitude on the validity of the Legislation Constancy Condition, legal nature and consequent results. This is achieved by two requirements: first, the stand of the jurisprudence from the Legislation Constancy Condition; the second, its legal nature and consequent results.
In the third issue we dealt with the function of Legislation Constancy Condition in the arbitration decisions of oil contracts and we discussed the most important arbitration decisions in oil contracts that have included the Legislation Constancy Condition by four
questions:-
1- Texaco arbitration decision of 1977.
2- Liamco arbitration decision of 1977.
3- Agip arbitration decision of 1979.
4- Aminoil arbitration decision of 1982.
Through this issue, we have reached a number of results and recommendations, which we have pointed in their place.

Expression of the will in electronic contracts

aenas hashem

Risalat al-huquq Journal, 2010, Volume 2, Issue 2, Pages 186-198

Abstract
The Interntional Network or net. produced people the ability to communicate and do comercial business, therefor many legal abligation arise, and these are called Electronic Contract .
Electronic Contract is very important subject, because
many kind of legal acts (contracts) doing throw the Net.
In our subject , (the expression of volition in the Electronic Contract) ,we focuses on the legal rules which regulated the important part of the contrac .The offer and the acceptingt of the electronic contract .
In this research ,we discussed many subjects ,such as the electronic offer and the electronic accepting of Electronic contracts
and the ways of express them .

Contractual negotiations via the Internet

waud kataab

Risalat al-huquq Journal, 2010, Volume 2, Issue 2, Pages 199-213

. Abstract
The world wide web has been considered one of the most important kinds of the new methods communications . because the many services which it presents to people . the possible of sanction of commercial contracts is one of these services . From here the importance of negotiations appeared which have the same importance of negotiation in the classical contracts .with taking into consideration the problems which have activated in the sanction of contracts by the Internet like the difference of languages or the conflicts of laws or the proving or the hackers or another rules problems So we search this object in three parts . the first part relate to ( what about the negotiations) and the second part relate to the obligations which result from the negotiations . and the third part relate to the responsibility which result from the negotiations .