Show: 25 50 75 100 Results

Search results: 15 out of 90

القواعد العرفية في القانون الدولي == Customary Rules In International Law

Author name: عبد الرسول كريم ابو صيبع
Supervisor name: هادي نعيم المالكي | زينب احمد عوين
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: Al-Nahrain University - Collage Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: تتناول هذه الدراسة بالتحليل موضوع القواعد العرفية في القانون الدولي، وقد يبدو للوهلة الاولى للقارئ ان هكذا موضوع من الواضحات التي لا تحتاج الى عناء البحث ومشقة التحليل، اذ ان العرف الدولي يعد المصدر الثاني لقواعد القانون الدولي العام، من بعد الاتفاقيات | Customary international law is one of the most important subjects in public international law, because it is main source of rules of public international law according article 38, paragraph 1/b of statute of international court of justice, in addition to any jurisprudence resource in public international law contains custom in its main vocabularies. In fact, in spite of above, customary international rules is one of the most complex and disputatious subjects and thus, international law commission adopted identifying of customary international law in its studying program between 2010 - 2016. The special reporter Michael Wood wrote two reports about customary international law in 2013, 2014, and he will write the final report at 2016. My dissertation contains three chapters and conclusion. The first chapter topic is : ’’ the definition in customary international rule ’’, which contains four subtopics : meaning of customary international rule, distinction between it and some similar matters ( public principles of law, customary local rule and equity ) and its importance in many international law branches, obligatory basis of customary international rule, and obligation of customary international rule according to jus cogens rules. The second chapter topic is : ’’ formation of customary international rule ’’, in this chapter we treats in details essential elements of customary international rule and differentiations between international jurisprudence and judicature view on this important subject, whether what concerning in material element or psychology element ( opinio juris ), and treat international and local acts which create material element; legislatorial, executive and judicial organ acts, and in international scale contains; international treaties, international judicature decisions and international organizations resolutions. The third chapter topic is;’’ evidence of customary international rule and effect of unilateral legal acts on formation of customary international rule, which contain; protest, reservation and acquiescence. The conclusion contains many important results as follows;1. No certain criteria accepted from all, for evidence and formation of customary international rules.2. Opinio juris is result of the material element of customary international rule, and therefore it represents essence of customary international rule, or in other words, it becomes customary international rule itself. 3. Evidence of customary international rule links with formation of it, and this cause of instead topic of international law commission study from ’’ evidence and formation of customary international law ’’ to ’’ identifying of customary international law’’.4. Many legal acts cooperate in formation of material element, there are; legislatorial, executive and judicial organ acts; and in international scale; international treaties, international judicial decisions and international organizations resolutions.5. There is important effect of unilaterally legal acts on formation of customary international rule, such as; protest, reservation and acquiescence.6. Customary international rules is a second source according article 38 in statute of international court of justice, and then if there is an international principle must apply by international court, custom prevent application of public principles of law because the later contains local principles of law only.7. Equity according article 38 in statute of international court of justice is secondary source of public international rules in condition of clear acceptance of parties.8. The role of general multilateral treaties on formation of customary international rules is very effective because many provisions of it are customary international rules, for universal character of subjects which arranged by it, and a lot of states were parties in such treaties

مبدا عدم الاعادة القسرية للاجئين في القانون الدولي == The Principle Of Non - Refoulement For Refugees In International Law

Author name: رنا سلام امانة
Supervisor name: مها محمد ايوب | سلام منعم مشعل
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: Al-Nahrain University - Collage Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: A phenomenon of asylum has become a humanitarian phenomenon as a result of succession political, economic and social crises and transformations experienced by the countries of the world.This phenomenon is still on the rise because of the continuation of the causes of persecution , violence , wars and disasters, and breach of a broad human rights, it is worthy to say here , of offering and providing international protection for people who seek asylum and protection from their countries of origin, as providing this protection is an international obligation that fall on the shoulders of prescribed States under international conventions and treaties, and it is considered , as well , the most important aspects of this protection , as the obligation of States to protect the person who requests or who gained refugee status from the forcible return of the country to which he fled, and it is what is known as non - refoulement.Accordingly , countries are obliged not to return an asylum seeker or refugee who fled from their own countries if the person in such obliged cases would be endangered, or threatened for reasons of race or religion, nationality, membership of a particular social group or to adopt certain political viewsIn the very beginning , the Geneva Convention contained and stated on this commitment for refugees of 1951 in the article of ((33F or F2)) which committed signatory by states and became the longer one of the basic principles of asylum law, but the legal development of this principle forced the projectors of most of the international and regional conventions such as the Convention of the European and the American Convention to include this principle to its importance and for the reasons of its direct contact to the life and the freedom of a refugee, as has become the cornerstone of the international protection.And for the reasons of acquisition this importance , these countries have become committed not only the States which were signed to the 1951 Convention, but all the States , then this principle has become a principle as part of the customary international law as a command rule. The obligation of States to non - refoulement includes asylum seekers and refugees on its territory, or who are under the effective control, and also who are presented at the border, so the State has no right to close its borders and refused to receive the refugees at the border.The respond to the State's obligation has not mention to any of non - refoulement, but specific exceptions that referred to , in the second paragraph of Article (33) where the States approved not to apply the principle of non - refoulement if the presence of the person to be brought back as a threat to public order and security, or representing a threat to the host country or to any of people in that society or if it has been sentenced to a criminal misdemeanor. In these cases, the State may be in breach of its obligation not to return and without expanding in the interpretation and application of those mentioned exceptions.Thus , countries that refuse or return a refugee or forced refugees at the border to the country to which they fled from or to any other country where their lives or freedom at risk had breached the principle of non - refoulement and breached the obligation that imposed by the international conventions and customary international law on the other hand.

المشروعات الدولية العامة كوسيلة لاستغلال الحقول النفطية المشتركة == General International Projects As An Instrument To Exploit Joint Oil Fields

Author name: ايمان عبد الكاظم عواد
Supervisor name: حيدر ادهم عبد الهادي الطائي | عمار طارق
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: Al-Nahrain University - Collage Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: Energy sector has an effective role because it is one of the most important sectors by which the prosperity of any country can be achieved. In Iraq Energy sector plays a great role because Iraq is consider third exporter of oil in the world , and there are many plans and studies that have been adopted by the Government aim that ensuring the optimum exploitation for its petroleum resources and at developing the common fields as one of the plans that can increase the production of oil and gas.A large number of writers and researchers made an intensive studies regarding oil industry in many aspects such as technical, economic and political studies but there are not sufficient legal researches and studies because they concentrated only on the insurance of the oil industry , concession contracts and regulating the relationships between the productive countries and international oil companies, without taking into account many other essential issues such as legal disputes which may arise between neighbor countries as a result of technical development in oil industry and the expand of the exploitation of the common fields. Due to the absence of the perfect legal system which governs the exploitation of the common hydrocarbon reservoir it became very necessary to adopt a new legal system in order to regulate the legal relationships between neighbor countries and to prevent any dispute which may arise.we mean that the physical notion the side was related by the technical and scientific affairs for the reservoir hydrocarbon , whereas the oil industry including many notions , that using it to select its technical , and economic dimensions , that was used to select the perfect vision to dealing with the reservoir hydrocarbon and with another natural resources , the specialists of oil industry to select the notion of reservoir hydrocarbon as (( evaluation of size of possible using as commercial by the known technical methods between the reservoir oil resources the studies conformed its being inside ground from select date , according to the selected legal lists technical terms )) this was showed that the dealing with the common reservoir , by it was perfected by the available technical data on the specialists , including the cases of a reservoir hydrocarbon , and the extension of this being , its type , the pressure inside the reservoir , and its temperature ,and distribution of this data ,and its change according to the place of reservoir , and its conditions , and age. But we mean that the legal notion as the legal system that the state has right to discover ,and use it hydrocarbon wealth that hidden under the face of its region , but there is a question about the legal system that regulates the rights and duties of state in the common reservoir hydrocarbon with the neighbor countries , thus the known the international law resources was cleared by the item (38) from the essential system for the international justice court , as a part of convention of united nations such as following : 1 - International conventions, whether general or particular, establishing rules expressly recognized by the contesting states. 2 - International custom, as evidence of a general practice accepted as law.3 - General principles of law recognized by civilized nations.4 - Judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. According above we think that the absence of perfect legal system as a mechanism for managing the using of common reservoir hydrocarbon between the neighboring countries there is necessary to practice the confirmed legal principles in order using the common field without any legal instruction to make its exhaustion and its dispersal , and this case lead to damage for the benefit of Iraq.this is our aim of this study , and finding form of common international cooperation to using this fields to achieve the benefits of two parties from political , economic ,and social sides This form is the common international project.

الحماية القانونية للمهاجرين بموجب القانون الدولي العام == The Legal Protection of Migrants Under General International Law

Author name: زهراء قدري منهي السهلاني
Supervisor name: مها محمد ايوب
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: Al-Nahrain University - Collage Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: Throughout mankind history, migration been and still a fact of life, there are many different reasons that lead to it, usually these reasons are complex. Migration could be coercive or voluntary, it may arise from escape from a precarious situations or wh

نظرية المخاطر في القانون الدولي

Author name: جعفر خزعل جاسم الربيعي
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad

مبادئ العدل والانصاف كمصدر للقانون الدولي العام

Author name: مشكاة صبيح عبد علي المؤمن
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad

منظمة التجارة العالمية WTO واثارها الاقتصادية على الاقطار النامية

Author name: مهدي صالح حنتوش الفياض
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: University Of Basrah - College Of Law And Politics - Department Of Public Law
Language: Arabic
University location: Basrah

انهاء المعاهدات الدولية

Author name: بشار سبعاوي ابراهيم الحسن
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad

دور محكمة العدل الدولية في تفسير ميثاق الامم المتحدة وتطبيقه

Author name: رشيد مجيد محمد الربيعي
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad

النظام القانوني الدولي لحماية البيئة

Author name: صلاح عبد الرحمن الحديثي
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad

السلطة التقديرية لمجلس الامن واستخدامها في حالة العراق

Author name: سيف الدين محمود المشهداني
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad

مدى شرعية قرارات مجلس الامن ضد العراق

Author name: ضاري رشيد الياسين البدري السامرائي
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad

حقوق العراق كدولة متضررة جغرافيا ومطلة على بحر شبه مغلق - الخليج العربي

Author name: علي حسين صادق
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad

النظام القانوني للاستخدام العسكري للبحار

Author name: عادل احمد الطائي
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad

الحصانة القضائية للمبعوث الدبلوماسي في العراق : دراسة قانونية مقارنة

Author name: سهيل حسين الفتلاوي
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
1 2 3 4