قبول الاجنبي في اقليم الدولة : دراسة مقارنة == Acceptance Of Foreigner In The Region Of The State Comparative Study
Author name:
محمد جلال حسن عبد الله
Supervisor name:
جعفر محمد جواد الفضلي
General topic:
Law
Specific topic:
Private International Law
Degree:
Doctorate
University:
University of Al Mosul - Collage Of Law - Department Of Private Law
Language:
Arabic
University location:
Mosul
First pages:
13T1545 - p.pdf
Abstract:
تعد ظاهرة التنقل من اقدم الظواهر التي عرفتها البشرية فما من حضارة الا وعرف اهلها الانتقال من مكان لاخر، بهدف طلب الرزق او بحثا عن الملجا الامن، وغير ذلك. ولعل من اكبر تحديات القرن الحادي والعشرين ضمان تمتع كل الافراد في جميع انحاء العالم بالامن وحرية | Travelling is one of the most ancient phenomena in the history of mankind. All the civilization witnessed the movement from one place t another and the reception of the foreigners for living or looking for save refuge. Feeling of security and freedom of movement are the main challenges of the 21st century because they are fundamental personal freedoms are assured by all the constitutions. In the present time, it is impossible to find a country without foreign subjects because of the social and economic interest and the development of the communications. This leads to the emergence of an important problem namely the foreign subject. Of course, this will lead to the conclusion of many international conventions. In each society, there are nationals and foreigners but the distinction is the national law. All the legislations of the country deal with the nationals without mentioning the foreigners. By foreigners, it is meant the people who never have the nationality of the country. When the state mentions the nationals this implicitly means that the state has already determined the foreigners. The notion of foreigners has seen societies namely Greek and Roman the foreigners were deprived of all rights and they were called as Berbers and they were considered as slaves and they were looked down. The Islam came with international call and the message of freedom and equality. The Islamic world is a religious and political unity known as the Homeland of Islam in order to distinguish it from other non - Muslim countries which are known as “The Homeland of War”. Those people are known as the non - Muslim subjects in Islamic country “Ahl Al - Themma”, and in our modern age, this status has bee developed as the intellectual and philosophical concepts. All the countries have already taken certain measures and procedures in order to accept foreigners in their regions. In fact, this subject has been the care of many judicial discussions. It has bee given wide as well as narrow interpretation according to the interest of the states and this will have positive and negative impact on foreigners and their freedom in travelling. Therefore, the general view of the principle of regional sovereignty is no longer sacred as it was before. This is due to the fact that there is an increasing need of international community and close relations. It is important to add that such countries give more rights to foreigners as a result of the requirements of international common living and the reciprocal interests. Some countries incline to have conventional agreements might enjoy more rights according to international treaties. These treaties confine the principle of equality. The doctrine confirms that the foreigners have minimal limits of rights. This does not mean that the right of entrance is absolute without taking into consideration the general situation of the receiving country or these are certain conditions which must be met in order to allow him to enter. If we agree that there are certain conditions for the security of the state do these conditions are applicable to all foreigners or there are some exceptions? All the countries require a passport and a visa. The foreigner cannot travel or exercise his rights unless he has these two elements. When these conditions are met the foreigner must have authorization in order to have a residence for an agreed period of time or it is mere a transit. The foreigner has certain obligations and any violation will be sanctioned. Moreover, he is under the control from which the nationals are free.The foreigner is obliged to leave the country whenever his residence comes to an end. But he cannot leave without being assured that he has done all his obligations whether financial or social or economic. Sometimes the state can expel the foreigners whenever its national security is jeopardized. He is also expelled when he behaves in a way sanctioned by law or when he enters in an irregular and illegal way or he has been sentenced by another country or this can be applied according to a treaty of extradition. All these procedures must be followed according to legislation agreed upon. Now, the foreigner is also concerned with all the legislation of the state where he lives. He enjoys all the rights dictated by human existence. This is mentioned by the international law which guarantees the minimal limits of rights for foreigners.Consequently, the present study points out the notion of foreigners and the historical development of this subject and the international frame of entrance and residence in any country. This determines the rights and obligations of foreigners according to the applicable rules concerning the diplomats, aliens and refugees. It explains the sovereignty and regional borders and all the economic, political and administrative aspects for treating the foreigners in Iraq. The researcher determines the general rules of entrance and residence of foreigners in this country. Because all the prevailing conditions are not so suitable for what is going on the international theatre, the researcher proposes a change of most of the articles of the present law No (1180 of 1978 especially the situation by foreigners and their treatment in Iraq in the future when stability and law prevail.
