Volume 3, Issue 1, Winter 2011, Page 6-218


Acquired rights to Iraq in the waters of the international rivers that pass through its territory under international treaties and other rules of international law

abd ali mohammed

Risalat al-huquq Journal, 2011, Volume 3, Issue 1, Pages 6-24

Abstract
International Rivers is that separate or traverse the provinces of two or more, and proceed with the state sovereignty on the part of the river in the territory, but observe that take into account the interests of other countries through which the river and in particular with regard to the use of river water for agriculture and industry as well as river navigation International Examples of international rivers: the Danube, Rhine, Nile and Euphrates .
Although this definition is the most widely accepted in the literature and international relations, now that it is not the only definition ,Its known in PCIJ in its ruling in the case of the International Committee of the river (Oder) of it: (the river navigable, which uses an outlet for a number of countries ), and thus stipulated three conditions to be regarded as an international river: 1- power navigation 2 - as an outlet to the sea 3 - matter a number of countries.
And we divide the search in the following form:
Section One: navigation, agricultural and industrial exploitation of international rivers
First requirement: navigation on international rivers
The second requirement: the French Revolution
Third requirement: Vienna Conference
Fourth requirement: Barcelona Convention
The second topic: the legal basis to exploit the rivers
The first requirement: International conventions
The second requirement: decisions of international tribunals
Third requirement: international arbitration
Fourth requirement: customary international law
Section III: International Rivers in Iraq
The first requirement: the Shatt al-Arab
Section I: geography and importance of the coast
Section II: Treaties between Iraq and Iran over the Shatt al-Arab
The second requirement: the Euphrates River
Third requirement: other border rivers .

Criminal liability for carriers of AIDS infection (comparative study)

ali hamza

Risalat al-huquq Journal, 2011, Volume 3, Issue 1, Pages 25-42

AIDS is a disease that held the attention of all global Alooasit whether international or domestic, because of its serious effects on individuals, the successor of the inevitable result is death. Hence our interest in examining this issue in the legal framework of criminal responsibility to prevent AIDS infection, and what responsibility, and how it can ask the person who conveyed the infection to others. It came with an introduction and then we discussed three topics. The first devoted to the Hey AIDS, by definition, symptoms and means to move either the second topic Vtnolna the study of characterization for the transmission of AIDS in understanding and constituency in the third've legislative trends in the criminalization of transmission of AIDS through the statement of legislation that criminalized the act in the texts of all and second exhibitions of this legislation to this orientation and position statement of the Iraqi al-Shara that and then we ended our conclusion explained the most important findings and recommendations Researcher

The role of tax incentives to attract foreign direct investment (FDI) with reference to the legislative applications in Iraq

jamal alhaj yasen; kamal abd hamed

Risalat al-huquq Journal, 2011, Volume 3, Issue 1, Pages 43-63

Despite the controversy Soupcon on foreign direct investment in achieving the goals of economic and social development in developing countries Aln prevailing view is the need to deal these countries with this type of investment, and to not remain far from the fields of technological progress, therefore, these countries seek to develop economic plans and to create favorable investment environment to encourage this investment
One of the factors in attracting Altetsem Alastmar foreign direct tax incentives, as is required of any developing country must adapt its policy to make them tax motivating factor for foreign investors. There are more than one method to achieve this goal and this goal of any of the current search.

Legal aspects of responsibility for harmful drug "comparative study"

abd al rahman abd alrazag; najla tawfeg fleh

Risalat al-huquq Journal, 2011, Volume 3, Issue 1, Pages 97-113

The concerning focused since more than century on the field of the medicine responsibility on the fault of the doctors and their teams but there is little studies on the responsibility of the torts of bad medicine in spite of it is spread in many countries and the dangerous effects of it .
The goal of this study is to light this problem and call to treat with it by an administrative instruction and by application the civil responsibility against the chemists or the producers of the bad drugs.
Through our search we saw that the rule of the responsibility of dangerous things apply of the responsibility of the bad medicine because it concerns as a dangerous thing

Investment environment in Iraq (investment contract Najaf International Airport a model)

mohammed hasnawi; ahmed sami

Risalat al-huquq Journal, 2011, Volume 3, Issue 1, Pages 114-127

It is no secret, especially experts the importance of investing in the contemporary world where it became the most important foundations built on the basis of the legal system and economic development of countries with conditions similar to the Iraqi scene now, for this study came to talk about the investment environment in Iraq, with tow focused the first is the legal framework investment and regulation in the Iraqi investment law in force No. 13 of 2006, we attempted to address the texts of which help to provide a proper investment environment than those that do not provide that, while The second axis deals with contract investment of Najaf International Airport, and study in an analytical as a model to determine the extent to which texts legal in the law of investment with the investment environment prevailing in the country now is it a magnet for investment or not. That the investment environment should not only be achieved, to ensure the budget thus serving two interests collided, the first interest of the investor in the recruitment of his money invested material or moral easily any provision of the means of encouragement for investors in terms of benefits and exemptions good provided by law, and the second the interest of preserving the sovereignty of the Iraqi state and to prevent investors without access to a quick profit at the expense of providing basic objectives of the investment in state-building and Ammarha and the advancement of the economic reality. This budget is not only through investment laws with drafting the proper legal and technique legislature and with the legal philosophy discreet that would ensure a balance between these interests opposing, and generally, in fact, such as the Iraqi reality should be given to the investor as much as possible of the privileges and exemptions with no prejudice to the sovereignty of the Iraqi state.

Legitimacy of political power and the mechanics of rationalization in the thought of Imam Hussein (peace be upon him)

samer moead abd alatef

Risalat al-huquq Journal, 2011, Volume 3, Issue 1, Pages 128-142

It was thought Hussein ( peace be upon him) an integrated school of mankind for generations to learn more beneficial for their religion and civilization. His message was rightly, as an extension to the messages of the prophets to liberate people from the worship of idols power and the redrawing of the borders of legitimacy in the face terrorism of the state after the de-bases corrupt Umayyads tried to consolidate the source of legitimacy of their rule.
In the absence of attempts to re-consider the thought of Master of Alahrar through modern minds and spark any lessons from the flood of his rich knowledge, especially in politics in general and the legitimacy of political power in particular despite the importance of the latter; not in terms of action-oriented President taken by the message of Hussein, but in terms of the current crisis in the Islamic societies by the absence of margin of legality and legitimacy in both sides ..the sacred and the human, the need to re-demarcation of the limits of legality in the light of this thought after scaling it according vocabulary more responsive to the spirit of the times. According to the contexts Tools structural functional approach to research and analysis
On this basis, the distribution of research into three sections Chairperson
The first section contains a conceptual framework to address the concept of legitimate through the vision of a modern secular demands; exposed first demand to the concept of legitimacy, The second requirement deals with the sources and types of legitimacy
The second section was devoted to highlight the legitimacy in the mind of the Imam and the means for building it, through two demands the first demand is about the legitimacy and its sources while the second requirement the manners of transplanting the legitimacy and the causes of its retrogressing in the mind of Imam Husain(peace on him).

UPR for human rights in Iraq

hasan ali kadam

Risalat al-huquq Journal, 2011, Volume 3, Issue 1, Pages 143-163

For monitoring and documenting human rights violations in accordance with the universal periodic review mechanism, which was adopted in 2006 by the United Nations, the importance of dramatically improving and protecting the rights of future violations, because documenting violations in a professional and objective in accordance with international standards, allow the victims and civil society institutions, To prosecute the perpetrators and bring them to justice national or international, comes the documentation process is thorough and leaves the field wide open for governments and international organizations to take decisions, which would contribute to the reduction of such violations.

Principle of neutrality of the investigation committee in the Iraqi law (comparative study)

alla ebrahem

Risalat al-huquq Journal, 2011, Volume 3, Issue 1, Pages 164-184

The Disciplinary Accountability meaning culpability of the employee about his functional breaches so our subject revolves around the study of one of the public employee guarantees and perhaps it is not less important than an administrative investigation or to give him a chance for the judicial challenge , the neutrality and objectivity of the members of the investigative committee is a characteristic feature and must be found and perhaps, who urged our steps towards the study of the topic is not regulation of the Iraqi legislature for the administrative procedures by independent law that make interested in wondering about which laws this Committee apply? and what are the procedures to be followed? What are the rights of the employee assigned to the investigation? What are the guarantees
We divide our study into two sections, the first dealt with the legal system of the investigative committee and the second dedicated to the neutrality of the committee and the guarantees of that feature and emerged from our research a number of findings and recommendations, including that the law of discipline of State officials and the Iraqi public sector No. (14) for the year 1991, amended regulate accusation of the employee by the Minister or the Chief of the Service and referral for investigation by the tripartite administrative committee , but he omitted the text on how the Committee's work and the organization of meetings and the confidentiality of publicity and the ways to compel the accused or the witness to appear in front of the Committee and what is the role of public prosecution at this stage and, more recently, what is the legal effect of its recommendations to close the investigation for lack of evidence or insufficiency of whether it is innocence or similar to the decision of release issued by the magistrate, as we are obliged to invite the Iraqi legislature to pass an independent administrative procedural law regulate administrative litigation and the urgent need to shift to the judicial system in accounting's disciplinary to the employee alleged to have functional breaches rather than presidential accountability adopted by Iraqi law which are no longer consistent with the Iraqi constitutional system in the current constitution of 2005.

Correctional institution in the era of Imam Ali bin Abi Talib (peace be upon him) (comparative study)

hader hseen; ali saad

Risalat al-huquq Journal, 2011, Volume 3, Issue 1, Pages 185-205

So long, human beings were interested in human right, freedom and this was the main feature of human studies. Letalone these are related to law. Which springs from the actual state of political, economical and social life.
Man, who is criminal or culprit, deserves better treatment than it was in ancient or middle times in European and other states in the world. Where the work of the thinkers and reformers seem to have an effect on ounishment treatment policy.
For this reason, national conferences are held which concluded by announcement and recommendations that are adopted by some national prganizations and legal internal law of countries for their significance. All of them dealt with better treatment of prisoner's penality as he is, after all, a human being but this interest was already found and applied in the epoch of Imam Ali bin Abi Talib hundered years ago. Imam Ali asserted that there must be better treatment for prisoners from two aspect: the foundation of punishment institute and treatment in punishment. Imam Ali built two prisons: (Al – Nafe'a and Al – Mukhees) and he was interested in assuring better assurance for the prisoner as he is a man after all. For the sake of this, he was the look – out of the treatment. For this reason , the reform institute deserved to be called "reform foundation" because it doesnot aim at revenge or punishment, but for reform and orientation and these two things were absent in the thinking of researcher in law in this firm. Something that leads us to investigate it for clarification and showing it. because Imam Ali preceded humanity in this organizing - as we mentioneel before – hundered years ago.

Electronic payment

waod katab

Risalat al-huquq Journal, 2011, Volume 3, Issue 1, Pages 206-218

The big development in the electronic trade by the world wide web resulted of it equal development in means of payments there are many kinds of electronic payments appearance in this century like debit card ,charge card , smart card , electronic wallet , electronic cheques , study this object is very necessary because the new means in payment are in continuous increasing and widely.