Volume 5, Issue 3, Autumn 2013, Page 6-266


Foreign investment between the law and the economy

hasan hantosh raseed; akel karem zaker

Risalat al-huquq Journal, 2013, Volume 5, Issue 3, Pages 6-25

One of the most prominent characteristics for the economic policy to the states especially for the developed countries that they seek to bring the foreign investments to achieve the economic development .so the foreign investments are considered the great financial sources .this topic has the legal and economic important both.
When we look at the foreign investments from the economic side we will find they contribute on the process of economic and social development of the poor countries.
While from the legal point view, we will find that the legislator put a private legal system for the investment through the investment legislation .this what had happened in Iraq according the act of investment no .13 ,2006.
Although the issuing of this law ,the activities of the investment always risen many legal and problems ,because it was empty from legal rules such as the responsibility of the investment.
For these causes and other causes we have chosen this subject according to theplanning.at the end of the research we will list the main recommendations and the results

Mistake provisions of the Treaty and in accordance with the Vienna Convention on the Law of Treaties of 1969

sadam al fatlawi

Risalat al-huquq Journal, 2013, Volume 5, Issue 3, Pages 26-53

The Vienna Convention of the Law of Treaties betweenStates, which concluded in 1969. is regulated the rules of error in the international treaties, as cause affected its validity. Most of these rules find its base in civil law. This convention is stated to the conditions invoke an error to invalidating treaty, cases not apply it and procedures invalidating and affected it. A state may invoke an error in a treaty, as invalidating its consent to be bound by the treaty, if the error relates to a fact or situation, which was assumed by that State to exist, at the time when the treaty was concluded, and formed an essential basis of the consent of that State to be bound by the treaty.
But that shall not apply if the State in question, contributed by its own conduct to the error, or if the circumstances were such as to put that State on notice of a possible error. The state in question must notify other parties in treaty to exist an error, but the silence it may no invoke an error, after becoming aware of the facts and if shall have expressly agreed that the treaty is valid. if determined of treaty, the parties in treaty cannot released from obligations under international law. The convention is regulate other forms an error in treaty, does not affect its validity, its relating only to the wording of the text of a treaty in article (79).

Universal Law of globalization in the new-style

basem alwan tema

Risalat al-huquq Journal, 2013, Volume 5, Issue 3, Pages 54-88

Due to the repaid development in the technology and communications field, this led to emerge fresh idea took ample fortune from the application, it was called (globalization), which included various fields of human knowledge, and was led by the economic field, so it was said and rightly so that globalization in terms of the economic basis.
In order to activate the economic globalization, countries needed an effective tool to spread ideas and economic theories in every corner of the earth. They did not find this the most effective of the law states a general sense in the dissemination of economic ideas and carry different countries to adopt directly or indirectly. Consequently, in recent years, the so-called global law, which is a form of globalization as an important tool for dissemination in the world and gain it of legalised technically.
Because of the law as a tool of globalization, that means the law will be subject to it, for example if it is useful the law will be too or vise versa . Accordingly, the idea of research was appeared.

Legal regulation of human trafficking

hana esmail ebrahim al asadi

Risalat al-huquq Journal, 2013, Volume 5, Issue 3, Pages 89-113

We dealt with in this research a crime in direct contact with human rights the crime that promised human commodity sold cheaply, and included in this study the definition of that crime and elements that you make, was among the images that realized where the crime, we have tried in this study highlight the crime of trafficking in human beings for the crime of illegal immigration, by selecting the qualities that are characterized by crime under study, so that after that statement similarities and differences between the crimes, then the efforts that has been made and is still being made in order to address the crime of human trafficking at the international level and national level.

Pledge to transfer ownership of the property and its impact on the transfer of ownership

ali shaker abd lkader

Risalat al-huquq Journal, 2013, Volume 5, Issue 3, Pages 114-129

estate is the essence of the national economy in all countries, and this is why the legislator in all States to inform the transfer of ownership for the place of these contracts certain actions, and if you want the action to be an organizational process intended toinventory of real estate and the statement of its owners, its history and actions contained them and the rights arising from them, are not considered these actions constraint prevents the transmission of these properties, but Tsudai useful large through knowledge of the property owner and to prevent the sale more than once and reduction as well as the possibility of selling property of others and to prevent overtaking between owners,but these measures become heavy if they constitute an obstacle to the conclusion of the contract, or if the contract does not meet is null and void when not register in the relevant department, and formalities imposed by the legislator should not be a weapon provides legal immunity and judicial eternal question against the buyer, not the face of this immunitynever no justification for its existence, so why not allow for property buyers ask the seller to the implementation of its commitment to the transfer of ownership when the seller's failure, and any philosophy lies behind the protection seller and not to compel the implementation of the commitment even if it was possible according to all legal standards

Constitutional regulation of federal financial Constitution of the Republic of Iraq in 2005

mohammed jabar talib

Risalat al-huquq Journal, 2013, Volume 5, Issue 3, Pages 130-144

Fiscal federalism is one of the important things that should be on the vehicle States to consider them as they relate to specify the jurisdiction of state revenue collection, roads and tunnels authority. Vantage from the application of the provisions of the Iraq Constitution to differ sharply between the Government of the center and the regions and governorates that are not organized in a region with respect to the management and collection of oil and gas revenues, taxes and charges, and therefore we decided to stand at the powers and duties of each that Iraq's constitution has been adopted a federal system for the regions and the decentralized system for governorates not organized in a region, each of which gives the terms of reference can be determined according to the principles of both systems, and we found that there is a dispute and interference in the powers calls to stand before it.

Managing environmental control in Iraq

zeneb abass mohsen

Risalat al-huquq Journal, 2013, Volume 5, Issue 3, Pages 145-156

Addresses this research to jurisdiction to protect the environment is the responsibility of the authority to control administrative, and the latter has a great relationship public freedoms and the rights of individuals as the maintenance of public order requires usually impose restrictions on them, and pollution control have the administration to place restrictions on some public freedoms, in particular, and for the prevention of harmful waste that can arise from the exercise, has reached a number of findings and proposals which we hope introduced by the administration when its administrative control procedures when addressing the problem of environmental pollution

The future of consensual democracy in Iraq

hamad jasim mohammed

Risalat al-huquq Journal, 2013, Volume 5, Issue 3, Pages 157-194

التغيير في العراق بعد عام 2003 جاء بمفاهيم جديدة لتكريس الديمقراطية وبناء دولة المواطنة والمؤسسات الدستورية، التي يكون فيها الشعب مصدر السلطات وتكون صناديق الاقتراع هي صاحبة القول الفصل في اختيار قادة البلاد، وهذا ما جاء به الدستور الجديد عام 2005 الذي كتبه العراقيون بعد أن عاش العراق عقودا طويلة وهو يرزح تحت رحمة النظام الديكتاتوري السابق.
إلا أننا وجدنا أن النظام السياسي الجديد في العراق بعد التغيير قد تم بناؤه على أساس حكومة الشراكة والذي يعني مشاركة الجميع في الحكم وفي صناعة القرار بعيدا عن نتائج الانتخابات وبعيدا عن رأي الناخب العراقي وفق ما يسمى بالديمقراطية التوافقية، وهي ديمقراطية جديدة ابتدعتها القوى السياسية لضمان مصالحها ووجودها في السلطة , حيث تفرض هذه الآلية إشراك الجميع في الحكومة ومؤسسات الدولة حسب حجم المكون والحزب والطائفة وضرورة توافق الجميع على أي قرار سياسي أو اقتصادي أو اجتماعي يتعلق بمستقبل البلاد قبل إقراره، الأمر الذي جعلنا نشهد ولادة حكومة مترهلة وبطيئة يحاول كل طرف فيها الدفاع عن حقوق الطائفة والمذهب والقومية التي ينتمي إليها بعيدا عن الهوية الوطنية.

Letter of credit in exchange for the fulfillment of contract investment of electric power

ahmed zaki yehea

Risalat al-huquq Journal, 2013, Volume 5, Issue 3, Pages 195-224

Chosen documentary credit to meet for investment contract electric power arena for this search, and that the, importance achieved by this method in the fulfillment against this contract for other means, where he works to attract investors to the contract to achieve a balance of interests parties in the relationship between the investor on the one hand and Contracting State on the other hand, and for the fear that gets both sides of the non-implementation of the corresponding obligation in if carried out is his commitment, so the use of the documentary credit is means capable to fulfill the provision of guarantees and a private party investor, Olartbatha documents which obliges the bank to meet him as long as have been provided by him correctly matching the terms of accreditation represents what has been outfitted with energy or what has been implemented of the contract, and not revoked, has dealt Find the core issues in it and its compatibility with this contract through understandable to determine tariff and its advantages and principles that govern , and in particular the principle of independence, and data this way in this decade to determine the adaptability legal

Legislative regulation of the work of local councils in Iraq

ketada saleh

Risalat al-huquq Journal, 2013, Volume 5, Issue 3, Pages 225-246

Provincial councils are not organized in the territory of the of the regional bodies have a degree of local financial and administrative independence of the conferment of legal personality of public law in the administrative units managed these bodies,mantaed by law in exercised by the specific terms of reference in the geographical scope decree have independent of the executive branch and under state control and supervision ,which are of the nature of the legal ,political, and what may be characterized by similar political systems not control , and lake of focus and her administrative staff or fundamental consist uents of existence is the existence of separatemanagment units represent the interests of local distinct from national interests

Consumer awareness and methods in the contract

feras jabar karem

Risalat al-huquq Journal, 2013, Volume 5, Issue 3, Pages 247-266

We have divided our marked (consumer awareness methods in the contract {comparative study} to the front and two sections and a conclusion.
This study aimed at the first research to identify problematic defining the concept of consumer legislation and jurisprudence Mksmah on two requirements, in the first requirement has been approved analytical method comparative prepared, resorted researcher to analyze a number of legal texts, contained in a number of Arab legislation and foreign, to stand orientations on the subject, and in the second was to devise conditions to be met for the consumer recipe pigments.
And dealt with in the second section, methods of consumer awareness, Vtnolna in the first requirement traditional methods, which are formal contract, and give the consumer an opportunity to think and reflect, and in the second modern methods which are only about two, two role consumer protection associations, and the adoption of special legislation to protect the consumer.