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المركز القانوني للممثل الخاص للامين العام للامم المتحدة : دراسة تطبيقية على ممثل الامين العام للامم المتحدة في العراق == Legal Status Of The Special Representative For The Secretary - General Of The United Nations

Author name: نجدي محي دهيمي
Supervisor name: محمد ثامر مخاط السعدون
General topic: Law
Specific topic: Public International Law
Degree: Master
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: The Special Representative will lead the UN Secretary General functions mostly as President of integrated mission, to support him through several agencies, programmes and funds belong to The United Nations in order to achieve goals and objectives determined on which the nature of the mission described as civilian or military nature, noting the evolution and multiple functions and tasks according to the need for them as the international situation, the situation might be related to situations of armed conflict, have regard Promoting peace and support development programs.This was a result of the guide the thinking of the international community to establish better system and effective to substitute what existed before. The most popular mechanism to achieve it was the UN mission and special representative of the Secretary General of the United Nations upon decision of the Security Council as an international officer declares to according to the legal system of the world Organization. Resulting in international mechanism prospered in conjunction with the ongoing transformation of the international system. The International Labor Association, which is a special representation of the Secretary - General of the United Nations as one of its important applications in international events, has many implications and consequences, such as that of the rights and powers of the Special Representative and the obligations and obligations imposed on him. These rights and duties are either determined by the Charter establishing the United Nations and the domestic legislation and regulations of its departments, in particular those relating to personnel matters. Or include the headquarters agreements, declarations and international resolutions commensurate with what distinguishes the Special Representative as an international official with certain characteristics. Thus, these rights and duties are divided into those of an international official who is governed by the provisions of internationalAbstract .......................................................................................... Blaw in view of his or her international character, as well as the nature of the title he holds as an officer performing his functions for the benefit of the United Nations. These rights and duties are varied on the basis of multitasking Which are essentially the same as the obligation of neutrality and impartiality, as well as the mandate of the World Organization.Iraq has been - and still is - one of the Special Representative's most famous fields of work, and has witnessed the relationship Between Iraq and the United Nations has developed significantly in the years following the events of August 1990, after the relations between Iraq and the international community had been generally spoiled during the last three decades preceded 2003, Because of the foreign policies of the Iraqi political system at the internal and external levels, which led to Iraq being subject to dozens of resolutions issued under Chapter VII of the Charter, including comprehensive economic sanctions that resulted in economic and financial burdens, as well as prejudice to the sovereignty of Iraq. However, these decisions took on another dimension after 2003, starting with Resolution No. 1476 of 2003, which included the mandate of the Secretary - General of the United Nations, Mr. Kofi Annan, to administer the oilfor - food program, and Resolution No. 1483 of 2003 to lift the sanctions imposed on Iraq and authorize the Coalition authority to run the political process. Then to the resolution No. (1500) for the year 2003 concerning the establishment of the United Nations Mission and the appointment of a special envoy to the Secretary - General of the United Nations for its administration. These resolutions have mandated the UN to intervene in the various political, economic and administrative fields in the light of some of the mechanisms adopted by the Organization in accordance with international resolutions and covenants. These resolutions ,and covenants made clear the rights and powers of the Special Representative in Iraq, as well as his duties.

الحماية الدولية للعاملين في اجهزة العدالة == International protection for workers in the justice agencies

Author name: علي كاظم عبد جاسم الغزي
Supervisor name: محمد ثامر مخاط السعدون
General topic: Law
Specific topic: Public International Law
Degree: Master
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: تنطوي مهمة اقامة العدل على مخاطر جمة ايسرها التزام الحياد, وامضاها مواجهة السلطة . بينما تنصرف الحماية الدولية الى تحديد نوع الخطر وجهته الذي يهدد العاملين في اجهزة العدالة وتقرير ما يمكن للوقاية منه او تقليل خطورته . ان مفهوم الاستقلال, يختلف من المحامي الى القضاة الى الادعاء العام, فالاول يمكن ان يكون واجبات والتزامات . وفي الثاني يمكن ان يكون توفير كل ما من شانه ان يجعل من القضاء سلطة بموازاة السلطات الاخرى, وضمان عدم التدخل والتاثير في قرارات واحكام القضاة . اما الادعاء العام, فان مفهوم الاستقلال يكون بتحديد علاقته بجميع الاطراف التي يتعامل معها, من قضاة ومحامين واطراف الدعوى الاخرين . وعليه فان الموضوع وان يتناول مفردة بهذا المعنى, الا انها تختلف من حيث المضمون . كذلك فان هذا الامر ينطبق على صور الحماية الاخرى, من تنظيم الخدمة, الى ضمان الحريات الاساسية, جميع هذه الامور وان يشترك بها جميع العاملين في اجهزة العدالة, الا ان لكل منها معنا خاصا بها مع عدم اغفال ان هناك مشتركات كثيرة, بين مفاهيم البحث يجعل من الربط بينها اظهار ان العدالة, وحدة واحدة تتكامل بتكامل عناصرها . وهكذا مثلا لا تجد, دولة ليس فيها نقابة محامين, بغض النظر عن تبعية هذه النقابة, الا انه في الوقت نفسه, تجد كثير من البلدان ليس فيها تجمع مهني للقضاة والادعاء العام . لذا تجد ان البحث حاول بيان هذه المفاهيم, واعطاء خصوصية لكل مفردة . وبعد ان تناول البحث الصكوك الدولية والاقليمية الخاصة بالموضوع, بالتحليل والشرح وبيان ما هو الاقرب منها لموضوع الحماية وما هو الانسب, استعاض البحث عن القرارات القضائية بما اورده المقرر الخاص, من رسائل ونداءات عاجلة في كل ما يخص الموضوع, والتي تعتبر دراسة معمقة لاحوال الدول القانونية . وحاول البحث التطرق للتشريعات العراقية الخاصة بالموضوع, ليبين مدى مطابقة هذه التشريعات مع المعايير والمبادئ الدولية, ليعطي للمشرع العراقي ومن يشملهم البحث رؤية واضحة عن مدى ملائمة هذه التشريعات مع القانون الدولي, الذي نامل ان ياخذ بها المعنيون . | Involve significant administration of justice on the enormous risks easiest commitment to neutrality, and he spent the face of power. While goes international protection to determine the type of danger that threatens his part and Justice Foundation and determine what can to prevent it or minimize the seriousness . Judges, lawyers, public prosecutors, with the same rights enjoyed by any other human being, but it must ensure in particular to protect them, because they are guarantors for the enjoyment of others of these rights, it is not available to workers in the justice systems, independence and impartiality of the judicial system becomes arbitrary and become a tool in the hands of other powers, especially the executive branch, and we will see that the concept of independence, differs from the lawyer, the judges, the public prosecutor, in first, it could be the duties and obligations. In the second, it can be, providing everything you would, that makes the judiciary authority in parallel with other authorities, and to ensure non - interference and influence in the decisions, and the provisions of the judges. The latter, we mean the public prosecution, the concept of independence, the Select relationship, all parties with which it deals, judges, lawyers, and other parties to the suit. Accordingly, the subject, and that deals with a single, in the same sense, but they differ in terms of content. Also, this thing applies to other forms of protection, of the service organization, to ensure basic freedoms, such as the right to freedom of expression, professional and assembly, to immunity, and accountability, all of these things, though shared by all employees of the justice agencies, but each her own sense of them, not forgetting, if there are many participants, between the concepts of research, makes the link between them, to show that justice, and a single unit, the integration of complementary elements. Thus, for example, you do not find, that is not a country where union lawyers, regardless of the subordination of this union, but at the same time, you find a lot of countries, which is not a professional association of judges, and public prosecutors. So you find that search, try to explain these concepts, giving the privacy of each individual . international and regional instruments on the subject, analysis, annotation, and a statement that is closest to them, the subject matter of protection, and what is the most appropriate, replaced the search for judicial decisions, including the report by the Special Rapporteur of the letters and urgent appeals, both in terms of subject, which is an in - depth study of the legal conditions of countries. And tried to search, Iraqi legislation addressed, the Iraqi constitutions, to the ordinary laws, to show the compatibility of such legislation, standards, and international principles, to give the Iraqi lawmaker, is covered by the search, a clear vision, how much appropriate legislation, with international law, which we hope will take them involved. The division of this research, into three chapters, the first chapter deals with, international protection for lawyers. And Chapter II international protection for judges. Chapter III international protection for the prosecution. Finally, this study is over, a conclusion include several conclusions, reached by the search, and several recommendations, can enhance international protection for workers in the justice agencies.

التنظيم الدولي لشرط التسليم او المحاكمة واثره في النظام القانوني العراقي == International REGULation of the CoNDITION OF extradiTION or TRIAL AND ITS IMPACT ON the Iraqi legal system

Author name: مهند هادي عبد الحسين
Supervisor name: محمد ثامر مخاط السعدون
General topic: Law
Specific topic: Public International Law
Degree: Master
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: The condition of Extradition or trial is a new and old condition, adopted by the " Grocius " 400 years ago, on day at which the international law as whole was undergoing a jelly - like period. It is now dealt with by the International Law Commission after the International law appears to be broad enough to suffer fragmentation.On the one hand, it links the requirement of condition of extradition or trial between international and criminal law, but this does not impair its international character , it is reflected positively on the international instruments that codified the international endeavor to prevent crimes known as transnational crimes, that have generated other close concepts to it such as inclusive jurisdiction and principle of integration .On the other hand, this international organization was revealed to be of three levels. First, the organization dealt the condition that research included the sources of its conditions and obstacles to effective application . The second level tackles the organization of international agreements to this condition, which take this condition out of its political nature to give it a purely legal character for the purpose of dealing with organized international crimes. This organization had a clear impact in the scope of energy transfer, technology, cybercrime and extradition conventions. The third level discusses the judicial regulation of the condition of extradition or trial, which is added up to this condition through the guarantees established by the judiciary so that to guarantee human rights and to violate his freedom . Finally, we come upon the impact of this condition in Iraqi legal system represented by the agreements that Iraq ratified and joined as well as its impact on criminal legislation, whether criminal or substantive. The study as well dealt with the point of condition in the special criminal laws .The requirement of extradition or prosecution is meant to pursue offenders and act upon prosecuting them in any place or to bring them to a party whom it wishes to put them into in order not to provide him with a safe haven. It is also clear that the Iraqi criminal legislation is free of any text that would include this requirement .