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الادارة الانتقالية المدنيــــــة الدوليــــــة : دراسة مقارنة == International Transitional Civil Administration Comparative Study
Author name:
رياض عبد المحسن جبار الفتلاوي
Supervisor name:
صدام حسين وادي الفتلاوي
General topic:
Law
Specific topic:
Constitutional Law
Degree:
Doctorate
University:
University of Babylon - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Babylon
First pages:
13T1717 - p.pdf
Abstract:
May not be exaggerating if we say that the international system has been subjected to changes structural impressive, after the development and the increasing role of the central organization, which represents the United Nations Organization, and this has contributed to the reduction of the persistence of the countries in the monopoly powers of sovereign prescribed in the rules of classic international law, which was adopted for a long time in the control of human rights and fundamental freedoms within the framework fortified sovereignty and non - interference internal affairs. However, the growing and strengthening the international human rights instruments to the efforts of the United Nations Organization, and then surpass rank those rights to confront the decline of state sovereignty, to the extent that a grave violation, caused by the failure or the fall of the responsible for the imposition of public order and the rule of law and political system, and the consequent the prevalence of violence, the collapse of public order, and the increasing numbers of refugees across international borders, and then transfer the crisis to neighboring countries, poses a serious threat to international peace and security, not necessarily required to fill this vacuum of power by the hand characterized by neutrality and the mandate assigned to it in its document consensual, a United Nations Organization, and by setting up an international transitional administration to exercise all the competencies specified to the state, to prevent its collapse as the main unit in the international system, until the return of stability to the rule of law and building the constitutional institutions, and then handed over to the judgment of the people. However, the practice of the organization to rule marred by a lot of circumstances that contradict with the need to undergo any governing authority to the law, and observation of various types, so that the organization and its employees who act through them in the practice of international transitional administration, enjoy the immunities and privileges prescribed in international conventions and diplomatic custom, and this prevents they are subject to domestic law, and even international, especially since the International Transtional Administration issued legislation affecting the rights and freedoms set out in international human rights instruments, based on a Security Council resolution under Chapter VII of the Charter, and this is something to authorities having jurisdiction control over the transitional international authority problems, even if these parties control available indirectly, the impact on the will of the international transitional administration is not clear, but still raises a lot of questions and problems that should find effective solutions, so the International Organization achieve the most important goals that ensured by undertaking them, which is the goal of promoting international peace and security as the highest interests of the international community, through ensuring the stability of nations, which can not be achieved without activation of respect for human rights, development and the rule of law and the promotion of democracy, as elements are interrelated and overlapping, scheduled for rules Convention, which is linked to the international community as a whole.
