Volume 4, Issue 2, Spring 2012, Page 6-289


Legislative policy of economic competition and consumer protection and the protection of national production (economic legislation of the Gulf Cooperation Council (GCC) and Iraq model)

basem alwan tema

Risalat al-huquq Journal, 2012, Volume 4, Issue 2, Pages 6-45

Arab economy suffers from a major problem, that is globalization and economic openness policies spawned a lot of obstacles in the policy of economic legislation, the liberalization of international trade showed many benefits, including access to global markets and economic growth and promote investment and thus economic development. Therefore , this economic development has created a number of challenges and constraints while one of the most prominent s need for consumer protection and save of the national industry from the risks that may suffer as a result of the reluctance of the public reported to foreign industry .The research problem is the risk which caused by the lack of means of integration and liberalization and competition and restrictions on economic openness against the dumping as well as the problem of finding procedures and appropriate methods for anti-dumping manner which does not affect the process of integration and competition and the role of the legislative policy of economic solving such problem.

Criminal Procedures Affecting penal judgment - a comparative study -

nesren mohsen nema; hason ebed hajej

Risalat al-huquq Journal, 2012, Volume 4, Issue 2, Pages 46-112

Ann procedures charismatic in judgement penal if boson difference hers be void posoms imprint procedure void conn from conrt non trouple formative legal correct or it shall be Batas also issued a void as if issued by the court is Mkcklp the formation of a proper legal or released by hand were not competent by ordering accpording to the rules jurisdiction as well as the case if the ruling was issued contrary to the rules of the court if the court which issued constituted a sound legal and competent issuing a Abitnaih the proceedings void, and when the rule is, in this regard is built on falsehood is falsehood,too.
This and initating invalidity power penalty automatically simply because the availability of the violotion of procedure but remains the ruling wrang as a rale correctly generators for all its effects but the determined void a court order issued by the compentent court whatever the type of invalidity which was tainted by an absolute or relative however that the difference between the two types of invalidity is that the absolute invalidity can be pronounced by the conrt on its own motion other than relative invalidity which can nat be only basedd on his adherence to the discount interst in his report.
And light that study supject search disbarting on chabters contain first chabter case disagceeing procedures a fore-going posoms judgement penal into chris second chabter case disagreeing procedures devoter judgement penal stady conclusion contain vesults and probositions.

Federal and manage conflict in Iraq

salah jeber sadam

Risalat al-huquq Journal, 2012, 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.

Political pluralism in Medina document

adnan hashem jewad; samer mowed abd al-latef

Risalat al-huquq Journal, 2012, Volume 4, Issue 2, Pages 129-143

The pluralism takes - as a humanitarian activity pictures and various forms- most notably pluralism its image of political, but that the latter very first knock to mind at the launch of the term pluralism, it is possible to say that it contains the rest of the areas of pluralism; Perhaps the reason for this is due mainly to two major items:
The first interesting of Western thinkers, especially in this particular area and give it priority in the handling and studies.
The second thing: that the policy at the present time is the organization for communities and nations, people, and develop ideas in the form of constitutions and laws to govern the process of diversity and differences among members of society and the state, whether these differences, religious, economic, social and cultural, making political pluralism, ruler on the other types of diversity and differences.
In the area of pluralism that Islam possessed a rich legacy in the field of building positive interaction with diverse specificities for all groups of different religious or ethnic or cultural or linguistic; found religions and doctrines and the many cultures and many people who can live safely in the shade of Islam. The document drafted by the Medina, the Prophet (Allah bless him and God and peace) in cooperation with the dignitaries of the social forces in the city, the leading business model in the care of all forms of pluralism, the most important political pluralism.
In an effort to confirm the specificity of the Islamic approach to the concept of political pluralism adopted the premise that the researcher: "The concept that Cemented the document of city for political pluralism, it was understood qualitatively and ahead of all levels."
The researcher followed in order to realize than approach (content analysis), through careful consideration and investigation in the joints and the details of the terms and document Medina.
The research plan was divided to tow sections, the first of which went to show the definition of political pluralism. The second section addressed to the qualitative analysis of the concept of political pluralism in the light of the document Medina.

Other rights in the light of the document Medina: Institutionalizing Islamic principle of coexistence

kaled ellewi jead

Risalat al-huquq Journal, 2012, Volume 4, Issue 2, Pages 143-170

The constant convergence of peoples and communities at the present time due to technological developments, and increasing numbers of human beings, making the friction between these peoples and communities on the rise permanently, whether on a physical level or intellectual level, was taken friction often style zero conflict with tendencies to confirm self-identity that fueled the challenges of globalization in its various dimensions. Remarkably in these circumstances is the emergence of religion as a critical factor in fueling conflicts or mitigate and possibly canceled, and show these facts clearly in areas of friction of civilization between different religions and ethnicities, as well as in countries which includes spectra cultural variety, making these conflicts serious threat to stability and national security and unity for many countries, as well as the threat to international peace and security.
In such a reality highlights the urgent need to adopt the principle of coexistence as a way of civil peace, integration and social harmony, and grow the value of this principle when not limited effect on the creation of an appropriate environment to remove the effects of conflicts and wars from the minds of people, but be itself factor drying to the source of violence and extremism that lead to conflicts and wars. The latter role to the principle of coexistence is only through imparted sacred religious it, which does have prevent extremists to legitimize their actions, but disinterestedness of this legitimacy to consolidate ultimate goal of all religions, namely laying intimacy and love among human beings in the context of slavery God regardless of color , sex, tongue, social or economic status.
The existence of the Islamic world in one of the most parts of the world cultural diverse, both at the level of the Islamic identity per level or other identities, requires initiative all institutions and the elites in charge in the Muslim countries to confirm that coexistence between these components of social different is not only possible, but is legitimate duty imposed by Islamic law, which it makes the diversity is divine , and that each call to hatred and enmity and cruelty in the relationship people to each other, is an illegal whatever arguments of those who say it, to avoid the risk of national divisions and social decay in Islamic societies in the absence successful to solve the problem of the prevailing cultural diversity. To confirm this trend and avoid this fate we must refer to the sources of Islamic essential legislation to derive correct rulings, and make them a platform for building a civil Islamic society respects the human dignity of all its members regardless of their beliefs and intellectual, ethnic affiliations, and in this way comes research in other right in the light document Medina, the fact that this document represents the first written constitution after Quran in Islamic history which emphasize the importance of coexistence between humans, and establishment of a civil Islamic state accommodate multi-cultural spectra, and this is illustrated in a special historical circumstances to formulate the document and the rules which derived from its paragraphs.

Legal protection of minorities in Iraq and the proposed treatments

raed sehab ahmed

Risalat al-huquq Journal, 2012, Volume 4, Issue 2, Pages 171-187

In general, social variety and multi- culture could be a source of power for the country that they live in. but, from other side in could be an element of weak for that societies because of inability of coexistence. This is may result from the sense of minorities to lose their rights because of the appropriate of the power to do everything alone regarding administrating the country and their fate. Thus, democratic countries persuade to share all the component of its society and give them all their public and private rights .
The most important rights is the political rights and representative which guarantees all other rights like: cultural, social, and economic. Iraq is one of that countries and enable its minorities is the most important thing in this period of rebuilding the state. Before that, there is an important thing of representing in how to specify the minority itself? The difficult is how to recognize it because there is an interwoven religiously and ethnically. Religious minorities share with the other majority or minority ethnically (Christian: Arab and Kurds). As well, there is nationality minority sharing with the other in religion (Turkmen: Sunni and Shiite).
Form other side, Iraqi constitution and laws gives minorities additional political right (dual electoral right). In this right (quota), minorities granted special seats as a minority. As well, they have the right to participate within other national parties without effecting their right. Although many parties call upon to enact law to regulate their rights is one law but there are many considerations should be taken during enacting the law:
1. Collect all concerning articles of the international conventions.
2. No distinguish them from other parts of the society.
3. Strict the punishment against minorities and their interests.

Trafficking in law and sharia law

mohamed ahmed esa

Risalat al-huquq Journal, 2012, Volume 4, Issue 2, Pages 188-212

The human trafficking and trading with human parts has become afertile and rich subject for it touched the libes of indididuals and people in the mean time .
What increased its complexity is that means and methods concerning this issue are dedeloping between time and another, so that, the phenomenon itself has dedeloped from a case limited to an illegal action toward indididuals rights and their human dignity to exploiting indididual, with other things such as selling members of the body as human spare parts and other things. further more, this phenomenon has been dedeloped in spatial and quantitatibe terms that giant firms and international mafias are superbising the trafficking of people or members of human body either by persuading , tempting , or by force. The people of reference are being transferred legally or illegally between countries .
Despite the growing danger of this phenomenon on all social and economical areas me habe not noticed any response from the concerned states to the lebel in correspondence with its danger, but lately, when it has become almost two late. More ober, me habe not found, through our research, comprehensibe and satisfactory source of jurisprudence in all joints of the subject.
From this point me habe chosen our title of this issue( Human trafficking) in a serious attempt to enlighten researchers and readers and to supply them with information and understanding and clarification on this topic. Being found of multiforked aspects and dimensions, therefore me habe chosen two basic aspects, namely, identifying what this phenomenon is through a rebiem of its concepts and the reasons of its emerge, and what the idea of islam upon it.
we ended this research with many conclusions and recommendations which might find their way into the light, and Bod reconcile.

DNA analysis and the legal weight of the legal issues of proof (comparative study)

enas hashem rashed

Risalat al-huquq Journal, 2012, Volume 4, Issue 2, Pages 213-236

DNA evidence and its role in the legal
Is the Bassa Genetic day of the most important evidence of proof in terms which to prove the ratios of the child to his biological father or to prove the identity of the perpetrators of crimes as well as the identification of missing persons in earthquakes and disasters through the examination of hair or blood, or the remains of the bone, so we divided our research into two allocated first to examine the role of DNA to prove descent, then we have dedicated the second

Parliamentary committees and their role in the legislative process under the Constitution of the Republic of Iraq in 2005 in force

esama mohammed jasim

Risalat al-huquq Journal, 2012, Volume 4, Issue 2, Pages 237-263

A legislative vacuum one the most important problems facing the effectiveness of systems of parliamentary general and the parliamentary system of Iraq in particular, where it became necessary to develop the work of councils legislation Arabic in the light of the challenges of the era and the trend towards the strengthening of institutions and expertise of local political, and therefore the development of parliamentary work aims to improve institutional performance of the Boards of the legislation by increasing its ability to serve its members in the performance of their functions, and create a common culture and favorable between the technical staff and members of legislative councils.
In this context, the parliamentary committees to complete many tasks in the intellectual organization of legislative power to increase the effectiveness and expertise in the practice of legislation and oversight functions assigned to it. In spite of the differences and differences in the number and type, size and functions of parliamentary committees of the legislature to another, but that its importance increases as an organizationally in the effectiveness of legislatures, representing the so-called (Kitchen political), which conducted the study draft laws and motions the law and suggestions desire allocated to it, In light of the end of the parliamentary Committees views and recommendations revolve around discussions of the Legislative Council.

The responsibility of the non-governmental organization on the work of volunteers in the light of Article (219) of the Iraqi Civil Code

mohammed abd al saheb abd al hussen

Risalat al-huquq Journal, 2012, Volume 4, Issue 2, Pages 264-289

Abstract-:
Any human activity can harm to others no matter how taken precautions for that activity or perfected in his performance, and volunteer work being done by non-governmental organizations through the provision of its services free by volunteers to a group of the beneficiaries of the categories of care such organizations is one of these activities, a so involved with it in fact affects the possibility that third party damage as a result of its implementation by the volunteer, whether this damage physically or financially or morally, and whether third parties - the victim - taking advantage of the services of the organization or not the beneficiary. And here arises the question is important for research on the scope of liability for damage caused as a result of the performance of non-governmental organization for its voluntary activity, is it determined by the scope of responsibility for personal work are held on the same volunteer, or is it one of the images responsibility for the work of others are held on the organization as it followed the volunteers?
Through our research humble that we will try to reach an answer to the question said it will make it the center of our research, which will tour around it, and will reach answered our goal that proposal is accessible through two sections we devote the first to discuss the concept of non-governmental organization, and from it conclude the terms and provisions of the responsibility in the second section.