Volume 5, Issue 0, Winter 2013, Page 6-185


The university and its role in the prevention of administrative corruption

abd ali mohammed sewadi

Risalat al-huquq Journal, 2013, Volume 5, Issue 0, Pages 6-26

Role of Iraqi universities in the prevention of corruption .It could be said that the main role of the universities is to protect their staff whether they are teachers, employees or students from unusual behavior during and after periods of their university studies apart from its functions in providing them with the knowledge and modern techniques and self-development of intellectual abilities in the various disciplines required in society to ensure that the university community could supply a balanced and integrated outputs.
Furthermore, the universities are supposed to create the second function which is the educational role for the teachers. This function must provide integration between the staff and the students to make them one part to create only one role in the university and technical knowledge where it is the process of integration between the two roles to give necessary and appropriate weights for each of them in the daily practices of university teaching model

Legal essence of electronic commerce

talib hasan mosa

Risalat al-huquq Journal, 2013, Volume 5, Issue 0, Pages 27-50

The extent effect of the internet using to gain international character trade contracts which done by it, and the extent ability to apply the standard of private international law in this sector. Then explain the legal definition of e-commerce in chapter one and the patterns in the second chapter and positives, negatives in the third and fourth chapters to reach to the conclusion that the appearance of these new trade does not mean leave the applicable law articles in particular the trade laws. Ensuring that not going under the state authority controlling due to the nature of the network, which ignores the geographical borders and this is agreed with stander of the traditional international trade law in determining international trade contract.
The problematic search is in the appearance of commerce means leave away the trade and civil rule of law which applicable into the traditional trade. Is the electronic commerce contracts are nontraditional commerce contracts by the conditions and conclusion. Is all their contracts international? should require interventions of the legislator for taking out or is it included in most cases, If not all the provisions defined by commercial laws and what is the negatives things which appear by this trade and other questions appeared during the search which ended that this e – commerce must have conclusion contracts which that the same contracts used by the traditional trade .

Legal regulation of the Administrative Tribunal of public contracts ((Toeselip study in public contracts law No. (87) for the year 2004 And instructions window))

dhiy abdalla abood; alla ebrahem mahmood

Risalat al-huquq Journal, 2013, Volume 5, Issue 0, Pages 51-75

Discuss Search legal regulation of the court of public contracts in terms of constitutional, legal and logical and touched on the formation of the court and their legal Is it live up to the description of court as he called legislator Law (87) for the year 2004 and instructions issued by the Ministry of Planning No. (1) for the year 2008 or is it just a government committee with jurisdiction court then what avail to find a court or a government committee for specialized phase of the contract only and neglect the rest of the stages of the contract and can be marred by problematic and problems relating to the rights and obligations of the contractor with the administration and what could happen to the life of the contract of force majeure or difficulties did not expect the two parties at the conclusion of the contract and therefore the study recommends reconsidering the law of the State Council No. 65 of

Criminalize bribery in international law

salah jeber al-basesi

Risalat al-huquq Journal, 2013, Volume 5, Issue 0, Pages 76-89

تعد الرشوة صورة من صور الفساد الأكثر خطورة والتي تنال من قيم العدالة والتنمية والتطور في المجتمعات المعاصرة ،وهي كما تقع من قبل الموظفين الوطنيين فأنها يمكن أن ترتكب من قبل الموظفين الدوليين ،ولذلك تم تجريم هذه الجريمة بمقتضى بعض الاتفاقيات الدولية.
لقد اشارت اتفاقية مكافحة رشوة الموظفين الاجانب لعام 1997 الى رشوة الموظف الاجنبي والدولي،كما فعلت ذلك اتفاقية الامم المتحدة لمكافحة الفساد لعام 2003 ،و لما كان التركيز من قبل الباحثين على صورة الرشوة التقليدية التي تقع من قبل الموظفين الوطنيين فأن الأمر يدعو الى بحث موضوع الرشوة التي يرتكبها الموظف الدولي والتي من شأنها أن ترتب أثار سيئة على أقتصاديات الدول التي توجد فيها منظمات او مؤسسات دولية تقوم بالعمل فيها.

Alternative means to resolve the conflict and its impact on international trade

hasan ali kadem

Risalat al-huquq Journal, 2013, Volume 5, Issue 0, Pages 90-116

Remains the question of the settlement of disputes arising from international trade contracts generally , of the most important research topics which raised the controversial Unlike in the range of studies jurisprudence and judicial and legislative related , because of the evolution and diversity of the two major struck the patterns of these contracts, which led to the disclosure of the fact that over the inability of national legislation to keep up with this development is the development of rules and texts dealt with , as well as the development of means of communication and transport , which led to the development of international trade and prosperity of the economic life , Vzdadt important commercial cities , industrial and free zones and numerous international trade fairs , which is in high demand with traders from all over the world in order to conclude several contracts , Moreover lies the importance of this study raises technical and legal problems precision and complexity, and the lack of legal and economic balance of the parties , and the multiplicity of traditional and modern approaches , which tried to address them.
   This is the part of the other hand, lies the importance of research on the subject of dispute settlement in the context of international trade contracts by alternative means or the so-called friendly , because he knew Iraq of economic openness and encouragement of foreign investment , especially when he is witnessing many variables turned all scales and at all levels and the concomitant from destruction in 2003 , it was necessary to begin the process of a comprehensive reconstruction both in the field of economic, social or political , and that should make legal reforms or legislation that fit with the new situation in Iraq , especially how to deal with companies that will come to invest in it . All of this will generate intensity in international trade , which makes economic operators properties of them specifically Abermn various types of international contracts , which were until recently the preserve of the state or public institutions . The knowledge of good and exposing the art trade is not enough to profit from the transactions concluded unless the trader improves economic negotiation and drafting of contracts and how good understanding of the requirements contained before signing.
Given the occupied alternative means to resolve conflicts of prominence in the legal thought and economic on a global level , and what the world has witnessed half a century ago and increases the movement of jurisprudence and legislative regulation of alternative means , and what it represents in the present reaction influential in terms of litigation it was natural for States hard to find an appropriate framework to ensure these means codified then applied to be so effective tool to achieve justice and to install and maintain the rights.
So we will try to shed light on the subject by dividing it into two sections , the first to see the concept of alternative means of resolving the dispute , while the second part, we will see the role of alternative means of resolving the dispute , in accordance with the descriptive and analytical approach .

Conciliation between adversaries According to the provisions of the Convention on the UNCITRAL Model Law on International Commercial Conciliation 2002

sadam fesel kokz al-mohamadi

Risalat al-huquq Journal, 2013, Volume 5, Issue 0, Pages 117-141

That conciliation between adversaries, style is successful in resolving disputes between individuals, and whether such disputes are civilian or commercial, administrative or even social, and the most prominent reasons for the success of this means in practice, is the flexibility of the and undergoing significantly to the will of opponents, as the resort to him often agreement parties rivalry sanctioned, away from arbitration bodies or surveys of the judiciary, and what could be caused by this asylum of the downsides of the most prominent subject the parties to the provisions of judicial or arbitral may not fit with their ambitions or their will, as well as could generate those means of grudges and reasons for ending legal relations, and which is supposed originally to keep a list affecting effects limbs without wasting their rights and obligations generated by and loss of benefits that were parties waiting to get them because of their differences on the order given, can be bypassed easy for the parties if they sat down to the table and they met with their opinions and suggestions to break the deadlock in a friendly while keeping the legal relationship that brought them together a list, and this importance reflected on the legal reality internationally and locally