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حلف شمال الاطلسي وحفظ السلم والامن الدوليين : دراسة قانونية == Nato And Maintain International Peace And Security Legal Study

Author name: عمر عبد الحميد عمر النعيمي

Supervisor name: عامر عبد الفتاح الجومرد

General topic: Law

Specific topic: Public International Law

Degree: Doctorate

University: University of Al Mosul - Collage Of Law - Department Of Public Law

Language: Arabic

University location: Mosul

First pages:

Abstract: يعد حلف شمال الاطلسي من اهم الاحلاف العسكرية في القرن المنصرم وابرزها، لاسباب عدة منها على سبيل المثال وليس الحصر، دوره في فرض الامن في منطقة ستراتجية مهمة الا وهي شمال الاطلسي، ولانه يضم اكثر دول العالم تقدما تقنيا وتكنولوجيا، فضلا عن ذلك فان لديه ا | NATO is considered one of the most important and international military pacts which had been established doing the last century, and this due to several certain reasons. for example the main target of this organization is to impose security over an important and strategic area. Further more, this organization has many legalistic and military capacities. Hence, after the collapse of Warship pacts and the break up of it involved in security conflicts which means uncovering of eastern front of the pact towards various and serious risks either ethnic or religious and this due to the weakness of the economic structure of the republic and most of then don't applied the concepts of democracy. In addition to that most of these republic have weapon of mass destruction.NATO became an aimless one, as we knew each pact has a specific aim i.e. a specified enemy. especially after the collapse of both warsho pact and Soviet Union, NATO became an aimless organization, so it stroly searched for a certain issue which would be appropriable with its role and fifth expectations for the next period. consequently. for these above mentioned reasons and for other unknown one the organization put a certain basic aim for it which is the expansion towards the east so as to join many measure and bilateral treaties. Expansion here doesn't contain the membership of those states only but it included the military from work which is due to the widening of geographical field of the pact. Therefore this also contained the targets and the tasks of this pact, which is the most important point, NATO has determined the scope of its geographical action in the north Atlantic are in accordance with its charter so as to maintain international peace and security throughout this area. Consequently, after its expansion throughout its specific aims and tasks the area of the Northern Atlantic become as a conventional one of the pact. Further more another extents were determined so as to enable the pact to take effective measures and give attention to its basic issues, which first of them is to face the threatens of the security of its area and the main economic interest. Therefore the pact under various stipulations can intervene even far from the extents of its traditional action. In addition to that, there is a explicit legal contradiction within the situation as a wrole, hence, the pact has been able to play a semi - inter nation role in the concerning its relationship with the UN, as we know that the NATO has adopted all the purpose and the special principles provided in the UN charter and it make them as legal rules which can help it to do its tasks. It is worth mentioning, the charter of the pact don't contain any legal measure which may be used to deal with the oranges of the UN especially, with the security council, its main aim is to maintain international peace and security.Security council should be in formed about any actions that the pact may take in the case of collective defense. Then, the problem here is that the legislator of the pact didn't discuss the relationship between the pact and the security council, this means there is deliberate ambiguity by the pact legislators in order to make the above mention relationship an unclear and observe one, so as to give the pact more freedom to do its military operations. After the expansion of the pact, this operation resulted some effects which nay affair the previous explanation. So these effects didn't explain for with what international organ it was? But the operation was mentioned in Washington and Rome conferences so as to attach the NATO to the UN. Generally speaking, and without determine which is the organ that the pact is connected? and the legal problem which is resulted after the expansion of the pact is the capability of the pact to intervene in although, there is an arrived attack, and this what actually happened in (Yugoslavia) and the security Council decided that there was threatens to international peace and security, but there is no aggression or an armed attack event may be considered an explicit contradiction with what Article 61 of the UN Charter provides Moreover the above mentioned Article is the main base for the pact to do its actions. A/v these justification and another criticism for the expansion operation i.e. the criticisms of pecistimitics, the socialists or the expansion operation made these criticisms the legality of NATO more weakened. As we knew there is no contradiction between the military pacts and the UN charter although that the league has some stipulations. It's worth mentioning, the important topic about the NATO is the nature of its actions. Practically, there was a lawful problem that at the time, of Warsho pact and the Sovit Union, this pact must be a member in the security council. add to that the charter of NATO encourage the operation of armaments but it mentioned it tacitly, and it expressed its expansion its tasks limited with the question of the legality of the pact more and more, from the other hand its wide intervenes and many actions which may make the UN as the legal rule for its actions, the pact sometimes stand against the UN or may compete with it. In spite of what above mentioned NATO has been achieved a kind of stability in its traditional area, actually NATO can face any probable dangers and this is considered as an essential aim that most of the military pacts aim to attain it.

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

الهجمات على شبكات الحاسوب في القانون الدولي الانساني == The Computer Network Attacks Under International Humantarian Rights

Author name: سراب ثامر احمد

Supervisor name: حيدر ادهم عبد الهادي الطائي

General topic: Law

Specific topic: International Humanitarian Law

Degree: Doctorate

University: Al-Nahrain University - Collage Of Law - Department Of Public Law

Language: Arabic

University location: Baghdad

First pages:

Abstract: This thesis deals with " computer network attacks under international humantarian law " These attacks are ( actions taken through the use of computer networks to disrupt ,deny , degrade or destroy information resident in computers and computer networks or the computers and networks themselves. The defining feature of this form of attacks is the fact that both the weapon and the target of the attack is the network itself and the information contained on such network. This type of attacks which are part of the information warfare , uses computer code to effect its damage and is capable of causing a myriad of effects depending on the target system's function.According to US military definition , information is " facts , data or instuctions in any medium or form " thus the operating code of a computer , its automated processes and applications , as well as the files and data it contains are all information.In fact , it is the use of computers as means or methods of warfare , that is legally challenging. At the broadest level the information operations ( IO ) are those " actions taken to affect adversary information and information systems while defending one's own information and information systems"IO can occur during peace time and at every level of warfare.By contrast , information warfare ( IW ) is " information operations conducted during time of crises or conflict to achieve specific objectives over aspecific adversary or adversaries ". According to US.strategy , the goal of IW is to achieve domainant " information superiority " over the opponent , and it is the offensive IW especially computer network attack , that covers abroad rang of hostile techniques involving computer code. Such malicious software can cause extensive disruption , as in the case of the denial of service attacks which hit Estonia , or physical destruction , as with the Stuxnet worm which hit the enrichment facility in Iran.These types of attacks are capable of shutting down websites , servers and can cause physical effects through targeting the control systems of technologically advanced societies , these systems control power plants , water systems , dams , gas pipelines , chemical plants and reactors. These control systems have proven particulary vulnerable to attack.Computer network attacks may come in isolation , but will more probably be used in conjunction with conventional attack , either to ease the way for the conventional attack or to amplify it's effects. These attack may constitute a use of force under article ( 2 /4 ) of the U.N.charter , and if these attacks does not rise to that level , they are still not permissible as an unlawful interference in the affairs of a state , and may amount to a threat to the peace.In addition , to the previous issue , computer network attacks may raise different questiones concerning the applicability of the laws of armed conflict which apply to all situations of armed conflict whther or not war is declared , and regardless of whether the parties involved recognise the state of armed conflict.None of the instruments relating to the laws of armed conflict deal with computer network attacks explicitly , therfore the question must be asked whether the rules of this law should apply to these attacks at all , and if so under what circumstances would computer network attack be sufficient to tigger the application of those laws ? what prohibition to computer network attacks follow from rules giving special protection to certain objects ? what activities of civilians relating to CNA constitute direct participation in hostilities and cause them to lose their protection against direct attack ? Do specific prohibitions of methods of warfare , such as the prohibition of perfidy or of improper use of protected emblems , signs and signals apply to CNA and , if so , in which way ? what limitations are there on targeting lawful targets with CNA ? who may conduct CNA ? what precautions must be taken by those planning or excuting a CNA ? Are commanderes or other superiors responsible for the acts of their subordinates in conducting CNA ?All these questions have been discussed throughout this thesis , and the conclusion is that despite the newness of the technology of computer network attack , legal contraints apply to it. Although there is no provision of IHL that explicitly out laws CNA , it is clear however that CNA may only be undertaken to the degree and in away which respects existing law and it's related principles such as the principles of distinction , proportionality and precautions in attack.

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.

فلسفة العقوبة في القضاء الجنائي الدولي == Philosophy Of Punishment In The Criminal International Judgment

Author name: احمد عبد الرزاق هضم نصيف المعيني

Supervisor name: براء منذر كمال عبد اللطيف الطائي

General topic: Law

Specific topic: International Criminal Law

Degree: Doctorate

University: Tikrit University - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Salahaddin

First pages:

Abstract: نسعى في اطروحتنا الموسومة بـ ( فلسفة العقوبة في القضاء الجنائي الدولي ) الى تسليط الضوء على العقوبة الجنائية الدولية في اطار النظم الاساسية للمحاكم الجنائية الدولية التي نشات في ظل ظروف معينة عادة ما ترافق النزاعات المسلحة او تعقبها، والغاية من انشاء مثل | The peace, security and the stability of aims which have long prepossessed humankind ,after tasted the bitterness of horrors of war. and sight a lot of horrors thing and missed million of humankind. That they stood powerless in many cases for accountable the perpetrators of crimes that a companied those wars. Especially after that proved the inability of national judicial systems a counting for the perpetrators of such crimes whether because they are have a power in their respective countries ,or those that completely collapsed state it which hit its agencies including the judiciary completely paralyzed. And in order not to get away from a lot of punishment established by international criminal courts orders the trial to take such actions ,there courts have a national criminal laws. So to ensure that no one escape punishment, appeared the criminal international justice. But maturity it reached international criminal justice did not come from vacuum, its passed through several stages of evolution. And this evolution was a predicted and related with the evolution of intellectual humanity. The efforts of the jurisprudential and philosophical level of individual and collective backs a prominent role in these efforts and make it in executed. And the criminal international punishment its area of competence and discussed shared by all of the public international law and criminal law. The impact of this matter and directly involving them and make them in its aspects a characteristics of both privacy laws. The sanctions that the international courts apply it was the same that sanctions was apply by national courts, and aimed to fulfill the same purposes and functions that the national courts gone to fulfill it. So we will discuss this punishment dependent on the analytical method of the texts in the international criminal courts. And we are going to adopt the historical method in some historical aspects. So we will divide this study to a introduction and three chapters ,in the introduction we will study the most important preliminary stages undergone by the international criminal judiciary. So we will discuss in the first chapter the explore the concept of the international criminal punishment, we deal in this chapter the mean of punishment and the sources of it. While in the second chapter we will discuss the types of international criminal punishments. And the last chapter we will search to it the functions of the international criminal punishments ,that represented in three functions the first is public deterrence and the second is privet deterrence and the last is the justice of punishments. And at the end of study we reached to a results and a suggestions

النظام القانوني للممثل التجاري : دراسة مقارنة == The Legal System For The Commercial Representative A Comparative Study

Author name: صدام سعد الله محمد حميد البياتي

Supervisor name: نسيبة ابراهيم حمو الحمداني

General topic: Law

Specific topic: Commercial Law

Degree: Doctorate

University: University of Al Mosul - Collage Of Law - Department Of Private Law

Language: Arabic

University location: Mosul

First pages:

Abstract: بالرغم من الاهمية الكبرى للممثل التجاري في تنشيط حركة التجارة على الصعيدين الداخلي والخارجي بوصفه من اهم الوكلاء التجاريين في وقتنا الحاضر فضلا عن وكيل العقود. ومع ذلك فان الممثل لم يحظ في العراق بتنظيم قانوني منذ عقد الثمانينات، بل لم تلق الوكالة التجاري | In spite of the great importance of the commercial representation on the interior and exterior levels as an agent of contracts he has not been given the required legal system in Iraq since 1980s. Even the commercial mandate has not the aim of an objective legal system neither in the Iraqi law of commerce nor in special law passed for it.Consequently, this will lead to legislative gap in this concern and at the same time it is a good impulse for us to study not the commercial mandate with all its categories as commercial representation, contract agency and commission mandate, for fear that our study should be highty descriptive but our study concentrates on commercial representative because this subject has not been treated yet at least in Iraq. Therefore, the present study is divided into four chapters. The first one deals with the commercial agent, his definition and the nature of his work from legal point of view and distinguishing him from his counterparts because of the lack of an agreed definition of representation mandate we conclude a definition of the representative agent as an in dependant and professional commercial agent representing the interests of one merchant or more and he concludes contracts and attracts the clients. He does these functions for the benefit of his mandator and for his account in specified region. He has also his office and he chooses his representative and he pays all their commission and wages. We also reach a conclusion that the commercial representative is an agent of special type and he enjoys certain characteristics distinguishing him from all types of commercial agents. As for the second chapter it analyses the contract of commercial representation. We do not go through the bases of the commercial representation but we point out the particularity characterizing the commercial agent in forming the contract. The characteristics of this contract have also been explained. We concentrate on the fact that it is a contract based on complete representation and on common interest for two parties besides the personal consideration. It is important to add that the profession of the commercial representative has certain objective conditions. Among these conditions we mention his independence and professionality. Moreover, the formal conditions have been embodied by the registration in special register known as the register of commercial agents. The third chapter tackles the legal status of the commercial agent. It throws light on his rights which are reflected by fulfilling commercial acts by his name and for his own account. He has also the right to represent new mandators without taking any permission form his original mandatory and he has also the right to be represented by another person. He has the right to oblige his mandatory to compensate him if the looses his agents. This chapter studies all the obligations imposed on the commercial representative, from these obligations we mention that he has no right to compete his mandatory during the time of his contract. He has also the obligation of excuting all the transactions related to the conditions of guaranties and the obligation of the service after sale. The fourth chapter treats the guaranties which can be a good help for the commercial representative in order to obtain all it is due to his mandatory. From these guaranties we mention the right of solidarity and his privilege. The contract cannot be eternal and his mission ends whenever the contract comes to an end.As far as the contract of commercial representation is based on mutual interest is has been taken into consideration by some comparative legislation. This system becomes more obvious through the restrictions imposed by these legislations on the will of the mandatory and his commercial representative in ending the contract based on mutual interest. The more the clients increased the more profit the mandatory gains and the commissions of the representative will increase.Out of the present study, we try to show the particularity of the commercial representative which can distinguish him from his counterparts. This will help reach to legal system for the commercial representative suitable for his particularity

النظام القانوني لعقود البث الفضائي : دراسة مقارنة == The Legal System Of Satellite Contracts A Comparative Study

Author name: هدى جواد عبد الرضا

Supervisor name: راقية عبد الجبار علي

General topic: Law

Specific topic: Civil Law

Degree: Doctorate

University: Mustansiriyah University - Faculty Of Law

Language: Arabic

University location: Baghdad

First pages:

Abstract: This kind of contract is considered a new type of contract since it was not known until recently. This is the contract of broadcasting through satellites. This contract is a performance one, committed by the provider of the service. The provider should be responsible for the trustworthiness, legitimacy, morality and authenticity of the material broadcasted. On the other hand, the user is obliged to pay and be cooperative with suppliers by providing the necessary information for broadcasting. In addition to providing the right, thorough, and up to date information the benefactor is committed to pay and cooperate with the supplier. This is done through providing follow up about the broadcast needed. Both parties should assure the confidentiality of the information wither this information is known before or after contracting. Therefore any violation of these regulations must face civil accusations for both parties of the contract. The communication laws referred to them in Iraq, Egypt, Jordan, Oman, and the UAE. There are certain penalties and fines imposed on every breach of the contract from both parties. These contracts require certain approvals from the country in which it is broadcasting. Otherwise the country has the right to stop the broadcasting. In Iraq it lies under the responsibility of media and communication ministry. They require satellite and ground stations their duty is to send and receive from and to satellites. These stations are usually based in other countries, this may cause a problem committing to the regulations in times of disputes.Thus it is preferable to state allstations in one country. According to the contract regulation the implicit or explicit rules do not solve the problem. Therefore the terms of the shared nation and the place where the contract took place, should depend on rule number 25 from the Iraqi civil law regulation number 40 1951. We decided to follow rule number 30 of the prejudice performance the of and to mend the gap of the application of laws we depended new regulations derived from the laws of transmission and the reception country. In addition to accepting the laws of the transmission country since their laws is known from both disputed parties.

النظام القانوني لعقد خدمة المعلومات الالكترونية : دراسة مقارنة == The Legal System For Electronic Information Service Contract

Author name: لبنى عبد الحسين عيسى السعيدي

Supervisor name: جليل حسن بشات الساعدي

General topic: Law

Specific topic: Civil Law

Degree: Doctorate

University: University of Baghdad - Faculty Of Law

Language: Arabic

University location: Baghdad

First pages:

Abstract: ان شبكة الانترنت احدثت تغيرا جوهريا في نقل وتبادل المعلومات، واختصرت الزمان والمكان، واصبح العالم بفضلها قرية كونية صغيرة، انعكست اثارها على ابعاد متعددة، اهمها البعد القانوني، اذ برز اثر هذه الشبكة على الوسائل التي تتم عبرها العقود، فاذا كان التعاقد عب | The internet has made substantial changes to the ways that individuals interact and exchange information. The changes to these inter - personal interactions have resulted in a reduction in the time and effort required to interact. This affects many dimensions of an individual's life, including how they conduct their legal affairs. The internet has impacted all aspects of the practice of contracting; from negotiation, the exchange of consent, drafting of contract terms and the execution of contractual obligations by each party. All of these activities can be conducted by electronic means. All aspects of contracting have been impacted by electronic commerce. The ownership of tangible materials and the provision of services are increasingly being procured on - line. In this study we will consider whether the traditional forms of contract law are sufficient and appropriate to regulate emerging electronic service. We have chosen the subject of “the legal system for electronic information service contract” for our dissertation. The report will consist of three chapters preceded by an introduction. In the first chapter we have sought to clarify the essence of electronic information service contract. We have therefore dealt with three main subjects. First we commenced by defining the relevant contracts in order to shed some light on their essential characteristics. Next we considered some of the philosophical arguments about the nature of this contract and have compared some of the different perspectives. This is an important aspect of the dissertation because there are differences of opinion in this area particularly as to whether this contract has a special nature at all. At the end of this chapter we have considered international standards that are being applied to the relevant contract. We have discussed how these international standards may assist to inform developing research and legal reform. In the second chapter we have concentrated our study on the formation of this contract. Then we identify the parties of this contract and their subject. However this contract is kind of mutual contract. This causes a difficulty in characterization due to the special nature of the contract. Therefore we try to demonstrate the most important obligations which are interludes of the agent and the client and their liability.In the third chapter, we have considered the need for the law to properly support people who seek to create electronic service contract. We take the position that the law should provide the ability for individuals to make a choice about the kind of contract they wish to make. It is more important that the law is relevant and properly supports contracting activity rather than restricting the nature of the contract. We therefore have set out the debate in this matter with some careful detail. Initially we clarify the ability of the party to choose the relevant law for their contract. Then we discuss the inflexible standards that currently exist in the law. We apply a classical method of conflict of laws to simplify the debate and then finally we test the applicability of the rules of electronic commerce to these contracts. We conclude by explaining our own opinion on the issue. In the conclusion of our study we have stated our findings and made our recommendations regarding electronic information service contract. We make a number of recommendations for legal reform that we hope will serve as a basis for changes to the law in Iraq

النظام القانوني للفحص الضريبي في قانون ضريبة الدخل العراقي النافذ == The Legal System Of The Tax Examination In The Influential Iraqi Income Tax Act

Author name: صبا فاروق خضر الدليمي

Supervisor name: بان صلاح عبد القادر الصالحي

General topic: Law

Specific topic: Financial Legislation

Degree: Doctorate

University: Mustansiriyah University - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Baghdad

First pages:

سلطـة الادارة في مكافحـة الارهاب ورقابـة القضاء عليها : دراسة مقارنة == Administrative Authority In Combating Terrorism And The Judicial Supervision Over It : A Comparative Study

Author name: رنا علي حميد السعدي

Supervisor name: وليد مرزة حمزة المخزومي

General topic: Law

Specific topic: Administrative Law

Degree: Doctorate

University: University of Baghdad - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Baghdad

First pages:

Abstract: The phenomenon of terrorism is the most dangerous phenomena that have had a negative impact on the reality of the communities in the whole world, especially in the humanitarian part; the seriousness of this phenomenon in the contemporary world has been exacerbated, that terrorism is turning into a global phenomenon that touches and affects all aspects of life for the people of the world. Terrorism no longer regards a party or one nation or state without the other, but everyone is involved, regardless of its causes, forms and objectives and even the nature of those who stand behind it. It seems that this fact has been realized by the world and it has sought to combat it and reduce its devastating effects on the human, cultural and economic and even political aspects of life through the development of a number of legal means and measures to seriously eliminate the phenomenon of terrorism. Since the administration is entrusted with the rule of law combating terrorism and maintaining public order in the country, and the authorization of the Constitution and the law powers to cope with cases of violation of public order to realize their role in the security of the maintenance and the order of society, the administration exercises multiple and varied burdens, it claims to satisfying public needs and maintain public order, as it represents a fundamental protection for the interests of state - of - hand, and to achieve balance and proportionality between these interests and take care of personal rights and freedoms of individuals on the other hand. But these actions and measures taken by the administration must be taken within the limits of legal regulations, and in this regard are subject to judicial control. If the authority in the legal state is based on the idea of law and closely linked to it, the necessity that the work of the General Authority will be a part of law, this subordination of business administration controlled almost entirely by the judiciary means in line with the principle of the rule of law, as it should be all the actions of the administration in the limits of the law, and e law here is used in its generic sense. The destruction of all binding rules in the state, whether a blog or customary whatever the source, taking into account the gradient in power, and the consequent violation of the principle of legality, administrates invalidity of the act which violated the law, since each owner shall be entitled to the right to request its cancellation and have its implementation as well as the right to request compensation.The dissertation is discussed according to the following scheme : it is divided into two parts and a conclusion.Part I, entitled the legal basis for the administrative authority in the fight against terrorism, and its competent management includes two chapters : Chapter I focuses on the legal basis for the administrative authority in the fight against terrorism and the practical scope. Part II of this study is entitled the management tools in the fight against terrorism and the elimination of censorship exercised and consists of two chapters : Chapter I deals with the means of administration in the fight against terrorism in Iraq and Comparative Law, Chapter II focuses on the control of the judiciary to exercise management authority in the fight against terrorism.Finally, the conclusion sums up the most important findings and recommendations.

التنظيم الدستوري والقانوني للعلاقة بين السلطتين التشريعية والقضائية في العراق : دراسة مقارنة == Legal And Constitutional Arrangement For The Relationship Between Constitutional Legislative And Judicial Authorization In Iraq Comparative Study

Author name: انتصار حسن عبد الله محيميد

Supervisor name: ميثم حنظل شريف

General topic: Law

Specific topic: Constitutional Law

Degree: Doctorate

University: University of Baghdad - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Baghdad

First pages:

Abstract: تناولت الباحثة دراسة التنظيم الدستوري والقانوني للعلاقة بين السلطتين التشريعية والقضائية في العراق - دراسة مقارنة - حيث تتجلى اهمية بيان الحدود الدستورية بين السلطتين التشريعية والقضائية في الاعتداء الذي يحصل من كل من السلطة التشريعية على القضائية وبالعكس | The researcher dealt in her studying the constitutional and legal regulation of the relationship between the legislative and judicial power in Iraq - comparative study - which reflected the importance of the constitutional boundary between the legislative and judicial power from the assault that gets from both the legislature and the judiciary versa, the legislative power which holds the organization of the judiciary power may detract from the judicial power by legislation, and Depending on the nature of the subject of research, we decided to divide it into three chapters preceded by a preliminary research in order to make a distinction between the legislative competence and Jurisdiction, The first is devoted to address the purview of the legislative power in the organization of the judiciary and its actions, Stating the intervention of the legislature in the organization of the judiciary and interfering in his job performance, as well as the relationship of political censorship in judiciary functions.This research has been dealt with in the second chapter overlap of functions between the legislative and judicial power, we dealt with the right of charges and trial of the president and members of the executive power also the separation in the authenticity membership of the legislature member's power.The third chapter dealt with the subject of the intervention of the judiciary in the function of the legislative power, we addressed the trends of the judiciary and jurisprudence in control of the legislature authority, and the possibility of the judiciary in the detection of the legal base, and the constitutional judiciary applications in the right intervention in legislature acting.The study concluded a set of findings and recommendations.

التنظيم الدستوري للسؤال البرلماني : دراسة مقارنة == Constitutional Organization Of The Parliamentary Question A Comparative Study

Author name: اديب محمد جاسم الحماوي

Supervisor name: عامر عياش عبد بشر الجبوري

General topic: Law

Specific topic: Constitutional Law

Degree: Doctorate

University: Tikrit University - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Salahaddin

First pages:

Abstract: يتدخل البرلمان بوصفه هيئة دستورية في ادارة الشؤون العامة للدولة، من خلال ممارسة مجموعة من الاختصاصات التي تكرس لمفهوم التعاون والتوازن الذي يقوم عليه مبدا الفصل بين السلطات داخل الدولة. اذ تعد ادوات الرقابة التي يملكها البرلمان في مواجهة السلطة التنفيذي | The parliament as a constitutional body interferes in the general administration of the state by practicing a number of specializations that reflect the concept of cooperation and balance on which the principle of the separation of authorities is based. The number of observation tools hold by the parliament varies in its stand against the administrative authority. It is one of the most important specializations of the parliament. It occupies the first position among the other specializations particularly when observation is taken as the back bone in the evaluation of the government programs and the way by which these programs are implemented to achieve the stability of the state. Probably, one of the most important tools is observation and the right of parliamentary question on which comparative systems rely heavily to direct the government. Despite the non sharp nature of this tool, the practical nature emphasizes its superiority upon the other tools due to its frequent use in the parliamentary work.Due to the importance of the parliamentary question and its role in enhancing the government performance, most of the constitutions in the world have concentrated in mentioning it and surrounded it by many guarantees in order to use it perfectly.Accordingly, the Iraqi legislator in the constitution of the Republic of Iraq (2005) and the rules of procedures of Iraqi parliament (2007) has organized the right of the parliamentary question and circled it with some conditions and regulations. Again, due to the importance of the subject, the present study aims at showing the nature of the parliamentary questions along with its features, aims and types. Then it specifies the rules that govern its presentation and searches for the answer of this question and comments on it, besides the cases in which the question ends and eventually evaluates it.The study takes, in its search for the constitutional organization of the parliamentary question, a comparative tendency with the Egyptian and Jordanian codification in addition to the British and French ones. Some other countries, in accordance with the needs of the study, are also mentioned.The study ends with the most important conclusions followed by a number of recommendations that might help the Iraqi legislator in his Endeavour to organize the parliamentary question and eventually results in insuring its effectiveness as one of the most important means of the parliamentary observation.

المسؤولية التقصيرية الناشئة عن استعمال الانترنت == Tort Arising Responsibility Of Using Internet

Author name: احمد جعفر شاوي الغراوي

Supervisor name: عباس زبون عبيد العبودي

General topic: Law

Specific topic: Civil Law

Degree: Doctorate

University: University of Baghdad - Faculty Of Law

Language: Arabic

University location: Baghdad

First pages:

Abstract: ونحاول في هذه الدراسة ان نبين مسؤولية اشخاص الانترنت عن تعويض الاضرار الناشئة عن استعمال الانترنت , ومستخدم الانترنت هو الشخص الذي يلتحق بالشبكة العالمية بقصد الحصول على المعلومات او بقصد بثها على المواقع المنتشرة على صفحات الــ web فهو في الحالة الاولى ي | With reference to the technology development in the contemporary life, and the modern technology methods that widely used in most aspects of life especially in such legal aspects; which caused many problems that need solutions through legislative treatments. Most obvious problems were related to what we are taking about in this dissertation under the title "Tort Arising Responsibility of Using Internet", which includes many legislative problems starting from selecting Internet users, selecting who's responsible for this illegal use and how to improve that, moreover, we have Internet suppliers, sub - suppliers and the end users that caused this legislation. In addition, there is another problem that related to who is responsible of such illegal jobs through using Internet; and the arguments that took place accordingly, especially about the responsibility of the Internet suppliers because they are already technicians and have good experiences in this filed. Thus, the weighting balance was accepted the theory of material responsibility for assessing the responsibility on the basis of the damage without regard to the element of error and forcing the injured to prove the fault.Other problems that caused through using the Internet is how to select the errors with damages itself and the caused relationship, in which we noticed the contrasts of them according to the illegal method of using Internet.Moreover, the problem here is how to select which law that we have to apply especially we are talking about a global means, so almost, the damage happened in another country with more than one damage; exactly, like the assault on the Intellectual Rights that caused both literary and real damage, through publishing these workbooks from one of Internet users to the common, then saving them easily by many people. And another common example, is publishing the viruses through the Internet and hookers of such social method that caused many damages all around countries.After this discussion, there is a complex issue that related to the responsible court of these conflicts and how to estimate the compensation, in which it is very difficult to apply the common basis of civil law that leads us to apply such novel basis through an amendment to the provisions of civil law, or solving these problems under the Iraqi provision no. 78 for the year 2012 of electronic signatures, electronic process as well as the electronic contracts to include the provision of Tort Arising Responsibility of Using Internet for helping the Iraqi Judgment to solve such problems especially those who related to publishing issues.

الدور السياسي للقضاء الدستوري : دراسة مقارنة == The Political Role of Constitutional Judiciary A Comparative Study

Author name: ميسون طه حسين

Supervisor name: عدنان عاجل عبيد

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:

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:

الحماية الدولية للغلاف الجوي == International Protection of The Atmosphere

Author name: بشير جمعة عبد الجبار الكبيسي

Supervisor name: عصام عبد الرزاق العطية

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: University of Baghdad - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Baghdad

First pages:

الالتزام بضمان سلامة الاشخاص في تنفيذ العقود == The Obligation of Personal Security Guarantee In Contracts Execution

Author name: علي مطشر عبد الصاحب علي

Supervisor name: اياد عبد الجبار ملوكي

General topic: Law

Specific topic: Civil Law

Degree: Doctorate

University: University of Baghdad - Faculty Of Law

Language: Arabic

University location: Baghdad

First pages:

الرقابة على الموازنة العامة : دراسة مقارنة == Control on The Public Budget A Comparative Study

Author name: علي غني عباس الجنابي

Supervisor name: احمد خلف حسين الدخيل

General topic: Law

Specific topic: Constitutional Law

Degree: Doctorate

University: Tikrit University - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Salahaddin

First pages:

الحماية الجنائية لاسرار الدفاع : دراسة مقارنة == The Criminal Protection of The Secrets of The Defense A Comparative Study

Author name: محمد جياد زيدان

Supervisor name: امل فاضل عبد خشان عنوز

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: Al-Nahrain University - Collage Of Law - Department Of Public Law

Language: Arabic

University location: Baghdad

First pages:

التزام الادارة بتنفيذ احكام القضاء الاداري : دراسة مقارنة == Engagement of Administrastion To Executing The Ruls of Admonistrative Judiciary (Comparative Study)

Author name: زياد خلف عودة

Supervisor name: حيدر طالب الامارة

General topic: Law

Specific topic: Administrative Law

Degree: Doctorate

University: Al-Nahrain University - Collage Of Law - Department Of Public Law

Language: Arabic

University location: Baghdad

First pages:

مدى سلطة المحكمة المدنية في تعديل نطاق الدعوى : دراسة مقارنة

Author name: ادم وهيب النداوي

General topic: Law

Specific topic: Civil Procedure Law

Degree: Doctorate

University: University of Baghdad - Faculty Of Law

Language: Arabic

University location: Baghdad

نزاعات العمل الجماعية واجراءات تسويتها

Author name: هناء حسون رعد السعدي

General topic: Law

Specific topic: Labor and Social Security Law

Degree: Doctorate

University: University of Baghdad - Faculty Of Law

Language: Arabic

University location: Baghdad

الاقرار واستجواب الخصوم في الاثبات المدني : دراسة مقارنة

Author name: قيس عبد الستار عثمان

General topic: Law

Specific topic: Civil Procedure Law

Degree: Doctorate

University: University of Baghdad - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Baghdad

ضمانات المتهم في الاجراءات الماسة بالحرية الشخصية

Author name: خلف مهدي صالح

General topic: Law

Specific topic: Principles of Criminal Trials

Degree: Doctorate

University: University of Baghdad - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Baghdad