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حماية المدنيين في النزاعات المسلحة غير الدولية : دراسة نظرية بالقانون الدولي الانساني

Author name: ﺧﺎﻟﺪ ﺳﻠﻤﺎﻥ جواد
Supervisor name: عصام عبد الرزاق العطية
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
Language: Arabic
University location: Baghdad
First pages:

الحماية الدولية للبيئة اثناء النزاعات المسلحة == International Protection For Environment During Armed Conflicts

Author name: احمد حميد عجم البدري
Supervisor name: عدنان عباس موسى النقيب
General topic: Law
Specific topic: Public International Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: The subject of The International Protection Environment during Armed Conflicts is considered one of the modern subjects in one time.Before, human was the curve of International efforts concerning to provide him with many ways of protection ,now the interesting changed toward Environment to be an important subject in three branches of International Law branches. The first one is the Humanitarian International Law ,that puts the principles and rules which governs the conflicted sides. The International protection of the Environment during the armed conflict depends mainly on the rules and principles that issued by the law. The International Law of Environment is considered the second branch of International law ,which provides the International protection to the Environment during armed conflicts ,and if this law was made to be practiced in peace time, the International efforts reached to an idea that they can practice in Armed conflicts, because the goal is to protect Environment. The third branch of International law that provide protection to the Environment during Armed Conflicts is the Criminal International Law. This law provides a legal to establish the International Criminal responsibility for anyone who commits war crimes against environment by a text issued from International Criminal Court ,also the main general basis of the International Law which can protect the Environment. This study is showed the International protection resources of Environment during Armed conflicts, and it is the same resources that included article 38 of the main system of International court of Justice that represented by International agreements, traditional law , General principles of law and the court decisions.The paper discussed the efforts of United Nations and the International Committee of Red Cross ,and the United Nations plays a great and effective role to spread protection according to the texts of law and convention ,and by decisions that issued from the International conferences to protect Environment, and by decisions made by general committee ,and other efforts that done by the organization. The International Committee of Red Cross its role can be explained by the preservation role before the Armed conflict occurs ,and its observation role during the Armed conflict. The protection rules in its different kinds will not be active unless punishing the who violated these rules. This study discussed the International responsibility of Environment damages during the Armed conflicts by mentioning the conditions and obstacles to achieve this responsibility, and showing the types of this responsibility and their consequences for each type

الطبيعة القانونية لعلاقة مجلس الامن بالمحكمة الجنائية الدولية == The Legal Nature Of The Relationship Between The Security Council, And The International Criminal Court

Author name: ياسين طاهر حسن ياسر الياسري
Supervisor name: كامل عبد خلف العنكود
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
Language: Arabic
University location: Baghdad
First pages:
Abstract: انشات المحكمة الجنائية الدولية بموجب نظام روما الاساسي لعام 1998، ودخلت حيز التنفيذ في الاول من تموزعام 2002، كهيئة قضائية دولية مستقلة دائمة، تمارس اختصاصها على الجرائم الدولية التي نصت عليها المادة (5) من نظام روما الاساسي، بهدف ترسيخ المسؤولية الجن | Security Council established as a political body under the UN Charter, which is a central authority executive responsible on maintenance of international peace and security, the Charter of the United Nations has delegated the Security Council ((by the name of the peoples of the United Nations)) to do on behalf of the (the main consequences in the maintenance of international peace and security). So, to implement such major consequences effectively and quickly, the Security Council gave totalitarian powers and discretionary powers, has also been provided with a wide procedural system of measures.Te Security Council grew on the ruins of the Charter of the League of Nations to overcome the weakness of the first international organization. The Security Council considers as the only organ of the United Nations which able to issue binding decisions based on the provisions of VII of the Charter.The Provisions of the Charter also show that the Security Council is the executive authority Holding sanctions and measures in the Charter in all its forms, as the international institutions and bodies provided in the regulations that the punitive measures taken by these institutions and international bodies towards the State party, must be through the Security Council.Despite the fact that the International Criminal Court is an international treaty and is not an organ of the United Nations, was established under the Rome Statute of 1998 in order to enhance the principle of individual criminal responsibility, and shall consider the four crimes contained system to achieve the dream of humanity, often giving a greater role for international criminal justice and activating principle reduction of immunity granted by the internal criminal laws for the leaders and officials who are accused of the most serious crimes..And that this development has made the image of contemporary international law is very different from what it was under conventional international law when it was the country's relations to its people of considered as a left issues to their saved specialization , where the contemporary international law was imposed directly obligations on individuals by considering some of the behaviors crimes raises responsibility, also the importance of the individual increased on an international scale and added to the rules of international law dealt directly with many affairs of the individual and provided the legal safeguards for the enjoyment of those rights.The International Criminal Court followed the example of international institutions and bodies to give the role of the Security Council in its work by give it the right to refer the case to the prosecutor where it seems that one or more of these crimes have been committed, acting under Chapter VII of the Charter of the United Nations under Item (b) Article (13) of the Rome Statute of 1998, It also gave the authority of the Security Council to defer an investigation or prosecution by the court under item (16) of the system mentioned above. So here we are in front of a political body to interfere in the work of the judicial affairs. Is this political interference will lead to the obstruction of justice International Criminal..?Therefore, this thesis titled with (the legal nature of the relationship between the Security Council with International Criminal Court are looking at this issue for the purpose of shedding more light on this relationship because they are the most important issues and most dangerous of the consequences of this relationship from the direct impact on the judicial work of the court after that this relationship provoked a difference and considerable debate among scholars of law and the judiciary and numerous positions and different views about the role played by the criminal Security Council before the criminal court, including his decree powers under the Rome Statute of 1998When some supported the Security Council to grant such powers, others intercepted them, and beware towards them because they think that it is restriction on the powers of the International Criminal Court and their specializations. Although the relationship between the Security Council and the International Criminal Court with a legal basis Rome is not the only one who codified this relationship,But that the Charter of the United Nations and the negotiated agreement of the relationship between the United Nations and the International Criminal Court are other additional sources clarified that relationship also the Security Council involved with the International Criminal Court in the role assigned to them, and on the conservation of international peace and security. And modernity of this subject to some extent, and the generality of what written about it, we found it is important for ourselves that to go in the depths of this subject, and we will search in most important fraction in this part, which si the legal nature of the relationship between the Security Council with the International Criminal Court, hoping that we succeed in that, we get to the required scientific findings of the research.

التنظيم الدولي للمناطق المحمية == The International Regulation Of Protected Areas

Author name: اسراء صباح جاسم
Supervisor name: يحيى ياسين سعود
General topic: Law
Specific topic: Public International Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: It becomes a very well known that the war has become one of the things that imposed itself on the ground. But we cannot claim the elimination of this scourge at once. Therefore, the international community is striving to mitigate its severity, and this relentless pursuit casts burden on the conflicting parties to take a number of methods and preventive measures for the protection of victims of armed conflicts.One way to provide protection to victims and persons who are being targeted during armed conflicts is to create places of protection. This is done by preventing the fire from reaching the war to those areas, and then to spare civilians from the tragedies of armed action.The importance of protected areas is become from being related with one of the most important sources of human presence and survival. They protect human dignity of assault by the protection offered to present, based on that is gaining increasing attention to these areas, particularly with the increasing armed conflict due to the growing vulnerability of civilians, the wounded and sick combatants and the effects of these conflicts. It is my sense of importance that they came into being while the world is watching what my country - Iraq - has been suffered the violation of the simplest human rights and rule of humanitarian International law by ISIS terrorist entity.According to what have been said, and hoping to add another brick in the edifice of humanitarian international law, we will try to answer the following questiono : Did protected areas contribute to alleviate the tragedies of war, and to what extent? And whether the rules of Humanitarian International Law were effective or ineffective in the regulation of protected areas and the protection of them during armed conflicts.To answer those questions, I talk in this study on the concept of protected areas by define the term and illustrate the principles which govern and prottect them. Then I show the justifications of the establishment of such zones, and reached that the goal of the creation of them is to protect the affected persons and protected objects. After that I clarified the role of international organizations on protected areas, particularly the United Nations Organization as responsible for the maintenance of international peace and security, the International Committee of the Red Cross as an official sponsor of the international humanitarian law, Finely I showed the International responsibility arising from the damage of protected areas, and came to a result that such damage to those areas forms an international crime requires accountability of perpetrators

المسؤولية عن الحماية في القانون الدولي == Responsibility To Protect In International Law

Author name: نبراس ابراهيم مسلم
Supervisor name: سلام منعم مشعل | حيدر ادهم الطائي
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
Language: Arabic
University location: Baghdad
First pages:
Abstract: The slow response by the international community to the mass atrocities, and the unilateral intervention by the states to stop these atrocities without the Security Council authorization, reflect the need to new strategy for facing this problem.In the wake of Kosovo intervention, Kofi Annan challenged the international community to find another way to avoid any future catastrophe, in 2000 the international commission on intervention and state sovereign formed by the Canadian government to reconcile the principles of sovereignty and fundamental human rights in a way which could protect people from arbitrary killing, the commission set out the case for responsibility to protect and identified its three main competent ; the responsibility to prevent, to act, to rebuild.In 2005 the principle have been adopted at the World Summit hosted by United Nations, world leader unanimously declared that all state have a responsibility to protect their citizens from genocide, war crime, ethnic cleansing and crimes against humanity and that they stood prepared to take collective action in cases when national authorities are manifestly failing to protect their populations from these four crimes, in 2006 the UN security council unanimously reaffirmed the responsibility to protect and indicated its readiness to adopt appropriate measures where necessary (resolution 1674, 28 April 2006), after almost six months of hard bargaining.In order to elaborate the nature and operationalization of that new international principle we choose it in this study, the study divided into three chapters that try to cover the entire topic.The first chapter devoted to the concept of the responsibility to protect, this chapter consists of three parts, the first one is about the international intervention and state sovereignty, the second one is about the adoption of the responsibility to protect and its development,and in the last one we will discuss the legal foundation and the obligatory of it.the second chapter of this study will be about the implementing the responsibility to protect, also we divided it into four parts, in the first one we will point out the crimes that firm the application of the principle, the second part will be about the responsibility to prevent, the third one will be about the responsibility to react and the last one will be about the responsibility to rebuild.The last chapter will be devoted to the international practicing of the responsibility to protect, it divided into three parts, in the first on we will discuss the role of international institutions in adopting and evolving the principle, the second one we will try to point out the most important application of the principle and the last part will be about the future of the principle.At the end of the study we reached to a set of conclusions which led us to several recommendations which may help abet in understanding the scope and nature of the responsibility to protect and seek to give some ideas about its successful operation.

النظام القانوني لمؤسسات حقوق الانسان الوطنية : دراسة في القانون الدولي والحالة في العراق == The Legal System In The National Human Right Institutions A Study In The International Law And The Case In Iraq

Author name: محمد قحطان فرحان التميمي
Supervisor name: مها محمد ايوب
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
Language: Arabic
University location: Baghdad
First pages:
Abstract: The unity of the international and local thinking about the principles of human rights in general and the individual rights in particular, and the recognition of their universality and indispensability is regarded as one of the human achievements which ended the 20th century. Before that, many atrocities that would now be classified as grave violations of human rights took place that pushed the international community to move so that they would not be repeated again and confronting them and terminating them in case they happened again, and to punish the violators and committers of these violations. Also, it aims at compensating their victims starting from slavery, torture, oppression, slave trade, and racial discrimination as well as the blind terrorism and genocide. The agreement and consent of the international community about the principles and values on which human rights are based as they express what man should enjoy of features which are attached to him or her. That does not mean that the way to settle and respecting the rights and freedoms and recognizing them and being committed to them by the state was an easy way to go, but it was windy and full of hardships, the first of these was double standards in dealing and the political considerations. Human rights and the basic freedoms are rights that are interlinked and comprehensive and universal. The latter feature obliges the parties to protect and promote it on all levels, national regional or international. That what was mentioned I the International Convention of Human (49) Rights in Vienna 1993 which resulted in the Declaration in the session of (49) of the United Nations in 1994. It stated “It should be recognized that all the human rights, civil, political, economic, and social are universal and undividable, and interrelated, with the necessity of considering the national, regional distinctive features for different historical, cultural and religious backgrounds. The duty of the state, regardless of their political, economic or cultural system, is to promote the rights of humans and their basic freedoms and to protect them.” Therefore, it could be said that the issue of human rights has become one of the international obligations which the state should comply to and fulfill. The grave violations are regarded as crimes against peace and security if humanity, and could lead the violator to the International Criminal Court. In addition to it comprises a means of political pressure by suing those high rank officials in a certain country. The mere ratification of the nations of human rights and incorporation them in their constitutions does not form a guarantee by itself and a warrantee for applying them. The respect of freedoms means the respect of man whom God has created and honored in the Holy Scripture in many Suars like in the sura of Israa (Ascension), the Verse (70) : (We have honored the children of Adam, and born them on land and sea and graced them with the delights and preferred them to many of whom we created) The protection which assumed by the state to respect human rights and its main freedoms national which mechanisms vary to achieve their goals. Its either constitutional, juridical or political. What is important here are national bodies the state creates which are concerned with the protection and promotion of human rights. This is because the formation will be regarded as supportive factor to achieve and guarantee the protection of human rights. One of these bodies is the so called The National Institution of Human Rights which take many forms following the procedures that the state observes in the formation. They might be in the form of organization, committees or commissions, or national centers all are concerned with the protection and promotion of human rights. Based on the above, the study concerns on stating the legal system of the human rights national institution and the vase in Iraq, it tackles the constitution of these institutions represented by the Principles of Paris 1993, and the basics and international standards as well as the manner by which these institutions are formed. Therefore, for the importance of the legal system of human rights institutions, we preferred to investigate it and make it a title of the dissertation with special reference to the case in Iraq as one of the states which formed a national center for human rights, the study acquired its importance in terms of the nature of the topic and the case it deals with. Therefore, the great importance of human rights, whether on the national or international level, was the main motive to find national institutions apart from the effect of the state and the governmental bodies. The problem of study revolves around the questions : Can the national institutions of human rights be promoted to the level that they can be protect and promote of human rights? In addition to the question what are national institutions of human right? What are its types and functions? And What are the relation between the state institutions and the national institutions concerned with human rights? What are the methods followed by the institutions to enhance and protect human rights? Have the Law of Higher Commission of Human Rights in Iraq responded to the Principles Paris in 1993 as universal constitution of these institutions? For the methodology of the study, we depend in writing this study on the historical approach to reveal the historical roots of finding such national institutions, in addition to the deductive and analytical methodology which based on the study of the laws related to the theme. For the structure of the study, we divided the theme into four chapters preceded by an introduction. Chapter One tackles the mechanisms of protection human rights on the international and regional and national levels, in the first inquiry, we tackled the mechanisms of protection human rights on the international and regional levels, in the second inquiry the mechanisms of protection human rights on the national level is tackled. Chapter Two tackled in the second chapter the national institutions of human rights and the principles of Paris; the first inquiry studies for the National Institution of Human Rights, and the legal base of this institution in addition to stating the characterizing features. The second inquiry tackled the stating of the relationship for the National Institution of Human Rights in the state authorities, the third inquiry was about the relationship of the National Institution of Human with the mechanisms of human rights. Chapter Three tackles stating of jurisdiction and tasks of the National Institution of Human Rights. The first inquiry is devoted to the stating of the jurisdiction of the National Institution of Human Rights. The second inquiry is devoted to the stating of the jurisdiction and tasks of protection of Human Rights, and the fourth is devoted to the stating of the jurisdiction of institution in the solving of disputes. Chapter four tackles the National Institution of Human Rights in Iraq represented by the High commission of human right. In first inquiry we tackled the manner and work of commission, the second inquiry was consecrated to the work of the commission and its external relations. Then, it was followed by a conclusion with includes the most important suggestions that are related to human rights. I should not miss the great problems in have faced when writing this study. The scarcity of the references was the major problem which I suffer from as the study is a pioneer not tackled before. In addition to the difficulty of movement to refer to the libraries in the colleges of law, whether in Baghdad or outside, due to the security issued. This pushed me to make calls to friends in Denmark, Sweden, France, England, Belgium, Egypt, Algeria, Morocco, and Lebanon, but only few arrived. That did not discourage me in continuing the way up to the end after asking aid from God.

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
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

اثر النظام الدولي الجديد تطبيق في نظام قانون حقوق الانسان : دراسة قانونية == The Effect Of New International System Application In Human Rights Law Legal Study

Author name: حيدر ياسين طاهر حسن الياسري
Supervisor name: مها محمد ايوب
General topic: Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: يعد موضوع اثر النظام الدولي الجديد في تطبيق قانون حقوق الانسان، من الموضوعات المهمة التي تستحق البحث بعناية واهتمام بالغين، حيث ان النظام المذكور او ملامح هذا النظام - ان صح التعبير - انعكست بشكل واضح وجلي على تطبيق القاعدة القانونية الدولية بشكل عام، والقو | The subject of the impact of the new international order in the application of human rights law, one of the important issues that deserve search carefully and interesting, where the mentioned system or features of this system reflected in clear and obvious to apply the rule of international legal in general, and the rules relating to human rights in special, so we chose to go into ourselves, but in the midst of this topic, with its ambiguities. And we tried to determine the concept of the new international system, and its most important features or characteristics. So we didn’t found a definition objection to this system, every researcher or jurist look from his specialist corner, and the view may be economic, social or cultural or legal or political, as we have noted that the system of a temporary nature, and is led by a unipolar, with the rule of values and foreign concepts , and the decline of the role of the UN in the settlement of international disputes.The term New World Order found prominently at the end of 1991, after the disintegration of the former Soviet Union and the uniqueness of the United States as a single dominate the international relations, its dominance of the Security Council, control capabilities of the Organization of the United Nations, to harness the goals and principles of the United Nations and other rules of international law to their advantage, especially the stage of the balance of power and bipolarity are gone and replaced by unipolarityThere is also who denying the existence of a new international system in the legal sense of the word, and is considered a delusion is not the truth, has we agree with this point of view, where we are if we accept the existence of such a system, it entails the existence of new international legal rules, or a new international organization , or at least modified some of the provisions of the UN Charter, and such a thing did not happen at all. Then we show the impact of the new international system on some international legal concepts and the expansion of the concept, as human rights, humanitarian intervention, and the concept of sovereignty. That's where human rights and the interest in them is no longer a purely internal matter and interference in the domestic jurisdiction of states, but has become an international issue and concern to the entire international community, so that it became his duty to intervene in a moment that feels that a violation is long of human rights and fundamental freedoms. More than that, the UN Security Council links between human rights violations and threats to international peace and security as envisioned on Article 39 of the UN Charter. When humanitarian intervention has abounded practice especially by the major countries under the pretext of protecting human rights, noting that there are interventions illegally, mainly by the provisions of Article (2/7) of the UN Charter, which unapproved intervention in the internal affairs of States, under any pretext, except for the intervention of the UN Security Council as part of measures of repression by the provisions of Chapter Seven of the UN Charter, and the same thing has done for the rule that the expansion of the concept, and turned the rule absolute sovereignty to relative normal flexible sovereignty to respond to international changes.We dealt with the models of the human rights violations that have occurred in certain countries, and the intervention of the UN Security Council to issue decisions based on a lot of them to Chapter seven of the UN Charter, as is the case in connection with the Security Council resolution of NO. 688 (1991) against Iraq, and the UN Security Council resolution of violations of human rights in Kosovo, Bosnia and Herzegovina, Haiti and elsewhere.We reached to the result of research in this vital subject about in the international dangerous changes happened at the level of international relations, in the application of the rule of international legal, especially on human rights, and we concluded at the end of research to a conclusion included the most important results and necessary recommendations in order to achieve the research goals of scientific desired, and Allah of the intent behind.

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
Degree: Doctorate
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
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
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.

الطعن تمييزا في ضوء قاعدة لا يضار الطاعن بطعنه == Challenging Discrimination Against The Light Of A Base Does Not Harm The Appellant With His Stab

Author name: سجاد حبيب داخل
Supervisor name: ضياء عبد الله عبود الجابر الاسدي
General topic: Law
Degree: Higher Diploma
Language: Arabic
University location: Baghdad
First pages:
Abstract: That the possibility of wrongdoing by the judge in the judicial work of Muslim did not receive an objection or skepticism acknowledging that the error is a human infidelity not infallibility other than God of them, and because the work of the judge is based not only on the knowledge of the law, but is deeper and more comprehensive. If the correct application of the law The judge is an important and essential pillar in the search for truth. It is the ultimate goal in order to achieve justice. Since the ability of judges to understand and apply the law varies Depending on the difference in their legal culture and their scientific experience , So the difference in a particular legal issue is inevitable, so the legislator in the criminal procedural laws to prevent errors and treatment of judges, especially since the ruling is the title of truth and if it is wrong to choose the legal text applicable to the incident presented, for example, Its failure to keep up with the legislative movement, to understand or interpret the meaning of the text on a particular basis has rendered that provision defective and detrimental to the interests of society.Therefore, the methods of appeal seek to amend the content of the penal provision in order to obtain fair and legal judgments, measures and decisions. It guarantees the legitimate opponents of the case their legal rights, and preserves the legal validity and remedy the judge's error or the court's life. Since the mistakes are unintended, The Penal Code of Criminal Procedure No. 23 of 1971 in Articles 243 - 279 contained in the fourth book of the above law under the title of "Methods of Criminal Appeal" as a means of amending the provision or canceling it for violating the law in order to obtain a better judgment. Taste (Discriminatory and corrective of the discriminatory decision and retrial) and the fact that the cause of the appeal on judicial decisions, measures and decisions is to protect the victim from the mistake of the judge or the court. therefore, monitoring of the legislature of the Iraqi penal means to address this, including through the appeal against discrimination provisions and judicial measures and decisions, one of the ways to appeal the extraordinary received provisions related to Part II of the fourth book of the Code of criminal Procedure in articles (249 - 265) and the types of discrimination the Thestudy found that there is a legislative lack of some provisions of the laws that deal with the right to appeal discriminatory provisions and penal decisions, including Law No. (27) of 2016 on amnesty cases, especially what is related to the case. The abovementioned amnesty law No. (19) for the year 2008, and the provisions of the said law regarding the duration of the discriminatory appeal of the decisions issued and the consequent effect of creating a state of confusion for those affected by those Making decisions on the one hand and wasting a guarantee The study also recorded a note regarding the decision of the Revolutionary Command Council (dissolved) No. (104) for the year 1988 to distinguish cases of juvenile offenses. The study also found that the challenge of discrimination raised from them with regard to the appellant and related to other parties The case is that the rule (no harm to the appellant) stipulated in article 251 (c) of the Code of Criminal Procedure in force does not have a presence in many judicial decisions issued by the Federal Court of Cassation and the courts which have delegated its powers. Achieving justice Spyware to record the study of a number of observations on the subject of appeal Altmiiza judgments and decisions, which I found study worthy of research. And since the end of the challenge discrimination fully consistent with the positive and effective role of the Public Prosecution Baotaiarh an essential organ to monitor the legality and the proper application of the law. The study found the subject of the research (appeal discrimination in the criminal case in the light of the legal rule does not harm the appellant stabbed) of the importance of the existence of the legal principle referred to and the exception or restriction. The subject of the research is to clarify the general framework (appeal discrimination in the criminal case In light of the legal rule does not harm the appellant Btnh) and to highlight the legal roles performed in the field of Iraqi criminal law, so the scope of research will be in the provisions of this law, both substantive and procedural, compared with some other criminal laws objectively and procedurally. The study adopted the descriptive method of legal texts, legal cases and analytical texts and legal articles. A comparative study between the Iraqi law and other laws, with an emphasis on the position of the Iraqi and Arab courts.In dealing with the subject, I reached a number of conclusions and came up with a number of proposals which can be summarized as follows : 1. Judgments andjudicial decisions are the workings of the humanitarian administration and may be subject to the possibility of error, omission or ignorance sometimes. involving a judicial error in the understanding of the text, interpretation or application or estimate is illogical for evidence or punishment or error in the core procedures, so he headed the Iraqi legislature and under the Code of criminal procedure Law No. (23) of 1971, like the rest of the other penal legislation to Text on means to monitor the health of the deaf M, decisions and measures, including through discrimination, which aims to challenge him to rectify the errors of judges, but he was one of the important means to achieve justice as control over the judicial work tool. (249 / A - B) of the Code of Partial Trials referred to the reasons for the challenge of discrimination which are (violation of the law, error in its application or interpretation, error in fundamental procedures, error in estimating evidence or punishment or judgment) the study noted that the Iraqi legislature differs from other legislation with regard to the reasons for the appeal, as well as for the error in the proceedings and whether essential or not when referring to a flexible officer about it is how wrong the effect of the judgment or the accused's defense.The exceptional character of the challenge of discrimination made it described as an unusual way of challenging the criminal judgment of the argument of the jurisprudent, which was based on the officer of reasons for distinguishing between him and the methods of appeal, because these reasons are related to the role of the Court of Cassation in raising the legal truth. The freedom of the appellant is a legal restriction which makes him not free to establish his appeal according to the reasons he believes, but he complies with the reasons enumerated by the legislator under article 249 (a) (b) of the Code of Criminal Procedure. In this way, the court of Tami It is a body that monitors the legitimacy of judgments, so it is not considered a second degree of litigation. Its function is limited to scrutinizing the contested judgment, either by ruling on rejecting the appeal or by ruling on accepting it and revoking the ruling.The legal basis for this censorship, under which the Iraqi Court of Cassation exercises its function of controlling the criminal judge's power to assess evidence, is the explicit provision of Article 249 of the Criminal Procedure Code, which gave the Court of Cassation the power to censor fundamental errors in fundamentalistprocedures Or in the estimation of the evidence and this error was influential in the judgment. In addition, the Iraqi legislator emphasized that criminal judgments must be brought about, and that his understanding of the reasons is the evidence on which the judgment is based. Thus, the defects of evidence - related causes, if the criminal judgment was impaired, were the subject of the control of the Court of Cassation.As for the proposals found in the study are : 1. Lift the restriction contained in Article 249 (c) of the Criminal Procedure Law in force, as it allows the public prosecutor to challenge all decisions issued by the examining magistrate, whether or not a comma in the case. In light of the role played by the Public Prosecution in ensuring the proper application of the law and in conformity with its functions set out in the Public Prosecution Law No. (49) of 2017 as a social body, In the case in order to challenge the discrimination in order to deal with the action that he considers defective and effective The investigation also prevents the public prosecutor from resorting to the discriminatory request to continue the fact that the road mentioned in article 264 of the Code of Criminal Procedure is an exception and has set limits and can not be expanded in it.2. of the Law of the Court of Cassation, in accordance with the provisions of Article (71) In spite of the fact that the most important cases of juvenile delinquency have become the jurisdiction of the appellate courts as discriminatory, it is necessary to amend article (257) of the Code of Criminal Procedure and to make the courts of appeal in their discriminatory capacity the specialized ones. Unity of legislation and non - dispersion of legal texts

الالتزام بمضمون القاعدة الدستورية : دراسة مقارنة == Abiding In Core Of The Constitutional Rule Comparative Study

Author name: ياسر مشجل ناصر
Supervisor name: كاظم علي عباس الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: The importance of this Research is clear in abiding with the institutional base , these bases which shown ((formal and subjective principle which leads the state authorities for their duties , according to the concepts the problems that the authorities of the state and citizens are not comply with these principles. formally or by procedures , or subjectively , which result not to fulfill the goals of the institution to establish institutional principles , which are the means to apply the interests of citizens , while if the legislator will not legislate the laws with easy application or he denies the core of laws which will lead to a big problem. In spite that the institutional principles represent the acme in Juridical system , these principles show the source of authority and organize its conduct and the relationship between the authority and principles , as well as show the rights of citizens , by this mean this the principles are organizing between state authorities and citizens with their rights. this characteristic gives high rank for rights in the scale of the juridical principles , because these principles become the base of other juridical principles of state , and not to cancel or contract the reason of its identify. so the abiding will be in two sides. First , that all legal conduits should comply with the core of juridical principles. secondly not to contract the principles , so that to fulfill compiling with the execution of legislator will , which expresses the institutional bases. that means that the state should not behave according to its will To fulfill the comply with institutional principles so it should gate an observatory professional , and material body to judge any conduct contract the principles , so that leaded to establish the (supreme union court) or the supreme institutional court , while has the responsibilities of clarifying the juridical system from any misleading statement which contract the institutional principles , which will ensure the legal responsibility of state and to save the rights of citizens. By any way that will lead stop applying any contract legislation to the institutional principle. If the institutional principles are log at principles which , they are , so to comply with them is one of its pillars , and it should be followed , though it is not a pillar in the institutional principle let it is abort of it , so the sentence of contracting the institutional principle is differ from the sentence of contracting the juridical bases , by nature , and kind , this difference based on the mature of the institutional principles. The institutional principles clarify by the institutional chart and basic laws , human right bill , and tradition on this sentence , which are the sowce of it , so some of which stands against state authorities to consider them is a protective acts to forbade any misact while other principles , so they are unorganized , but they are more active because they are issued by state authorities when there is any contract to institutional principles , which are the political parties , media and non - governmental organization. For more advantage we lead the analytical and descriptive , combative approach among the U.S.A. , Egypt , and Iraq according to the scheme of research as follow. The preparedly research which clarify the concept and nature , the institutional principles and point out their resource , the first chapter discussed the core of the intuitional principle while , second chapter discussed the contracting of the core of institutional principles , the third chapter deals with the sentence of contracting the core of the institutional principles and the penalty consequenced.

التنظيم الدستوري لنشوء فكرة القانون في ظل دستور جمهورية العراق لسنة 2005 : دراسة مقارنة

Author name: وليد خالد جالس الكريماوي
Supervisor name: كاظم علي عباس الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

الباعث الشريف واثره في التجريم والعقاب == Sharif Motive And Its Impact On The Criminalization And Punishment

Author name: هدى علي عنيد كاظم
Supervisor name: كاظم عبد الله حسين الشمري
General topic: Law
Specific topic: International Criminal Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: تصنف البواعث من حيث الوصف الى بواعث اجتماعية واخرى غير اجتماعية، والباعث الاجتماعي هو : (ماتمليه الرغبة في المحافظة على الشرف والكرامة )،ويسمى في قانون العقوبات العراقي بالباعث الشريف وفق ماورد في المادة (128) التي نصت على انه : (.......يعتبر عذرا مخففا | Classified motives in terms of description to a social motive and other non - ajtmaah,social motivation is(matmelih desire to maintain the honor and dignity ), and called on the iraqi penal code balbaos sharif according to the false text of article(128) , which stipulates that (…….itconsidered amitigating excose to commit a crime motivated dishonest…..),it is noted that the iraqi penal code has peen devoid of a special organization balboaos only that he considered legal excuses diluted penalty to be imposed,but the penal code and that he did not draw the emitter foundations and useful rules of thunb when determing its uses during the season in the issues raised before the trial court,But the penal code and that he did not draw the emitter foundations of fixed rules determine its uses during the seasonin the issues before the trial court ,but he took it in some cases,without mentioning him , and did not leave the legislator to the judge the power to describe the motive for certain crimes vaattabrh motive honest and arranged impactand arranged the legal effect of it in terms of mitigation of punishment on the offender ,as is the case in the murder of a newborn child or abort the bregnancy in order to brevent a shame if his mother had carried him a serial killer(article 407 of the Iraqi penal code ), it is admitted that penal laws do not confuse the motive sharif and criminal intent ,as albgat is not an element of the crime and has no effect in the presence or in the terms of the punishment ,if the availability of staff of the crime committed the offender worthy to carry criminal resbonsibility is not a lesson after the punishment maturities ,in cluding paymint the perbetrator of the crime is not a lesson that was conducive honorable or despicable ,it follows that the motive does not affect the existence of the crime ,but its impact is limited to the sanction pronounced,and that mitigation in the limits sbecified by law and in accordance with the authority granted to him in power between the highest and lowest legal limits in accordance with the provisions of articles (130,131,132). Finally the motive on the grounds sharif a factor in the sentence makes him a reason to achieve justice that principle which is one of the principles that mean outgrow their constitutions and laws to achieve that equali

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
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.

الحلول القانونية لعوارض تنفيذ عقد امتياز المرفق العام وتصفيته : دراسة مقارنة

Author name: هدى تحسين الياس
Supervisor name: علي احمد حسن اللهيبي
General topic: Law
Specific topic: Administrative Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: تعالج هذه الرسالة موضوعا حيويا له اهمية كبيرة في المجال الاقتصادي بشكل عام ويؤثر على المرفق العام بشكل خاص، الا وهو عقود الامتياز، فقد تلجا الادارة الى ابرام عقود الامتياز باشكاله كافة مع القطاع الخاص من اجل تحقيق الاهداف، وتلبية احتياجات المجتمع المتزا | This study deals with a vital subject with big importance in the economical field generally, and affects the private facility particularly, the administration may go to seal all types of privilege contracts with the private sector in order to achieve the goals and satisfy the growing needs of society, where some believe that the public sector has a difficulty with managing the big projects for all public facilities, because of the inability to provide necessary finance and credits to implement these projects, thus, it was important to think about attracting investments to construct and develop these projects, spatially the infrastructure constructing, and since these projects are large and risky because of the big amounts of spent money to achieve them, then they must be implemented accurately, and it takes the management to give up some of its control and aim to implement the mutual commitments of the contracting parties.And no matter how much the effort was to fulfill the contract commitments between the contract parties, some unexpected obstacles may appear and they are hard to be handled or anticipated according to the ordinary standards of things, thus it becomes hard to fulfill these contract commitments with the presence of these obstacles.Therefore, solutions must be found for managing the crisis that public sector is subjected to, and try to dissolve the obstacles that object it, to maintain it and present its services to the beneficiary people regularly and steadily.Our motivation to choose the subject of the study was to know the legal solutions that were founded by the legislator, the judicial system and the jurisprudence to avoid these setbacks.This study was divided to an introductory part and three chapters; the introductory part addressed what is the public facility privilege contract, and this was subdivided into two requests, the first defined the public facility privilege contract and explained its characteristics and the legal types for these contracts, and we distinguished it form the similar other systems, while in the second request we addressed the modern development for the public facility privilege contract by defining the modern privilege contracts and distinguishing it from its similar concepts, also knowing the its importance through its privileges along with its set back points that effect it.The first chapter was about the public facility privilege contract incidents through dividing it into two parts, in the first we issued the respective impossibility for executing the incidents of the privilege contract that require keeping contract execution despite of the cost increment that results with a financial overstrain for the contractor or the project company.And this part is also sub - divided to three requests; in the first we mentioned the emergency conditions incident through identifying it and knowing the required conditions for it. In the second request we issued the mismanagement whether it was by its mistake or not, and in the third request we explained the unexpected financial difficulties that makes the contract execution more exhausting for the contractor. And we studied in chapter II legal solutions for public facility concession contract disabilities : by dividing it to three topics, in the first one we discussed compensation by defining it, knowing its types and how to calculate it when concession contract disability accrues, in the second section we studied abrogation through defining it and knowing its basis, and identify its types that may approach concession contract, in the third section we showed suspension by identifying it, show the conditions of obligation to it and the impact of the suspension on a concession contract annex. And we studied in chapter III legal solutions to filter the public concession contract : by dividing it into two sections, the first section we studied settling, distinguishing it of its similarities and the resolving mechanism of disputes arising therefrom, in the second section we discussed about how to conduct public facility settling through knowing the fate of labor contracts made with annex users and workers, also find the free returned money to the State from those returning with a compensation and also we studied how to setter financial accounts between the parties of the annex concession contract.

ضمانات الديمقراطية التمثيلية في دستور جمهورية العراق 2005 : دراسة مقارنة == The Guarantees Of Representative Democracy In The Constitution Of The Republic Of Iraq In 2005 Comparative Study

Author name: نور ليث مهدي
Supervisor name: مهند ضياء عبد القادر
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: Obviously the term (democracy) which become more usable In abundance nowadays not early , but it is one of the oldest politics term , which below to compound Greek word which means( people rule) ethnic and other Greek cities ,since 6century BC , ordered by which known by direct democrat ,clearly by men meeting (without women) in public square , and they supposed rules and voting on it.nowadays knows by (Legislature), chosen individuals from them to owns the progress what have been agreed means (Executive power)It is known that Greece philosophers as (Plato) and (Aristotle) Criticized aggressively that way of democrat, and describe it by the judge of ignorance , Riffraff , Rabbles. and they called for the judge of Philosophers and wise people, and it is a kind which applied in the first Roman era and the aristocracy controlled the judge.The original aspect of democracy (people rule) didn’t get back its shine only after passed several centuries of time, and it embraced by the west as a reaction to face the feudal organizations which was characterized by the tyranny and oppression of peoples, and the development of method practices of democratic rule according to the development of societies which was adopted the democracy as approach of its political system, over the last three decades, a powerful governments in Latin America, eastern Europe had fell and the Soviet Union has collapsed, this fall was also says (Francis Fukuyama) did not give way in all cases, for a stable liberal democracies and which remain only in look of political hope that extended to include different regions and cultures worldwide.Fukuyama thinks that the Liberal democracy is a sign of the end of the day for the ideological evolution of mankind and represent the final version of the system of human rule.Regardless of what surrounds the former opinion of exaggeration in evangelization in the concept of cosmic and final of liberal democracy, the policies development which has known by the most of the countries is moving in the direction of expanding the participation of people in managing their own affairs this so - called democratization, and this development was varies from one area to another in the world, which moved in Latin America and Eastern Europe comparing with the most third world countries including the west and Arabs countries which subject to different systems but still unite to move away - even if with varying relative - We conclude from the foregoing that the will of the people is the core of a democratic system and the reference to determine the public options so it's not enough for a democratic system , a constitution regulates the authorities in the State , institutions to represent the citizens and the laws that allow of multiple parties which states of press freedom because the mechanisms and manifestations which are not common in the democratic societies in addition it may remain empty content but merely interfaces formality does not reflect the true implications of democracy on the ground which does not achieve but the availability a set of basic guarantees , it is possible to say that the democracy has a basis , this guarantees includes individual and collective freedom , pluralism , partisan , periodic elections , the devolution of power , the separation of power , independence of the judiciary , the existence of corporate , politically responsible government , to ensure that minority rights , the rule of law , freedom of the press, assembly, demonstration and media. the multiplicity and diversity of these guarantees are the subject of our study , it must be placed under the general headlines , each address head line shall have a set of guarantees , because the constitutions includes two most important aspects in the regulation of power and its competence as well as the individuals and their rights, so the constitutional guarantees will be sandwiched between the two sides and therefore we divide our subject to preliminary study preceded by an introduction and, the first preliminary study talk about what is the democracy , the first chapter talk about the study of constitutional guarantees of authority , the second chapter talk about the constitutional guarantees of democracy that regards individuals study and finally we includes the research with conclusion of the importance results and proposals. In according to the democratic rule that established on the public rival and the right of participating , this two principles considered a basic of societies democracy , in the same time any regime in the modern world cannot reach to the professional democracy society that represented the utmost political competition and public participation , GORG SORENSON adds to the two mentioned principles the civil freedoms in addition to REMOND KASTEL who sees that the freedom has a special important in the democracy and the applicable level of the democracy system is different depending on the different of political and civil rights. The predominant trend in the modern Western thought is that the Democratic term used to identify a political system and it should be a separation between matters which are called economic and social democracy and talking about the subject of the installation of the state apparatus, because the difference between the systems in the political dimensions of democracy that have nothing to do with a degree difference in the economic and social dimensions and between the owners of this trend Larry Diamond and Joan liter and Abzat believes that these democratic government system combines three basic conditions : first comprehensive competition between individuals and parties to fill all the important positions in the government and in the non - spaced intervals and without the use of force, second the high degree of political participation in the selection of leaders and policies through fair elections at regular intervals and are not or could not exclude any major political group and Third degree of freedoms political and civil that be enough to ensure the safety of the competition, participation and politics. No matter how many definitions of democracy it was about the fundamental principle implies that people are taking their own destiny is the one who chooses his rulers and watching them and change them possesses the authority has devoted this principle Universal Declaration of Human Rights on the tenth of December 1948, where Article him that 1 - everyone has the right to participation in the administrative of the public affairs of the town whether direct or by representative choose with freedom 2 - each person equally with others has the right to tradition the jobs in the town. 3 - the will of the people is the goal of the authority , this will must be manifested this will through fair elections periodically conducted by universal suffrage and equality among voters and by secret vote or by equivalent free voting.A general definition of democracy, we say as a political system is determined by the basic rules of sublime called the Constitution allows every citizen, men and women the right to equality and participation in the management of public affairs by their nomination for the general election or their elections to those who represent them in the implementation of political, economic, social and cultural options after reviewing the programs Law The measures proposed by competing political bodies through free and fair elections take place on a regular basis and serve as the authority by which voters are able to test between the approval of the continuation of the same trends and programs or changed if the public saw it in their best interest. The practice of democracy is not one form of constant does not change, but varies from one country to another, according to the traditions, cultures and methods include the expression of public will and the methods for electing the representative institutions and working methods and means of monitoring the work of the authorized authorities referred to differences direct measure of the affair public is that no matter how many differences, they remain within the scope of the democratic system if it does not conflict with the fundamental principle of this based on ensuring the people's power to choose their rulers and having the system reins because respect for this principle in theory, legally and practically is what distinguishes the democratic system of other systems.

مبادئ الموازنة العامة للدولة وتطبيقاتها في العراق : دراسة مقارنة == Principles Of The State Budget And Its Applications In Iraq A Comparative Study

Author name: نور عدنان داخل الشمري
Supervisor name: حيدر وهاب عبود العنزي
General topic: Law
Specific topic: Financial Legislation
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: The idea of the state budget idea is relatively recent , was not the general budget in the past as it is now , it has gone through the stages of the evolution of multiple , was the first phase , when the student members of the people, the ruling power , not to impose the tax only after the approval of the people or their representatives , and when he handed over the ruling power of this principle , asked the representatives of the people to watch spending tax revenues , and discuss the reasons for the imposition of the tax , and then go the people and their representatives to confirm their right to discuss the revenue all expenses all , and uses , and then struggled in order to be a report of tax and spending are League , was the general budget.So it was incumbent on the government to ensure the adoption of legislative power to the draft budget as a representative of the people and strives to maintain its interests , and what was the people's representatives of the blocks and the different political parties so multiple orientations differ with the government program, and sometimes agree with him at other times , leading the government to make changes in the sequence of priorities and projects in line with the orientations of these blocs and parties that have a majority that ensures authentication of people's representatives on the state budget , and here comes the role of the changing political reorientation of the public budget allocations and who is often away from the foundations of the financial and economic being designed to achieve electoral gains the future for those parties towards their constituents.Represents the state budget , at the present time , the basic document for the study of public finances , for any state , and occupied this study is an important aspect of financial studies , due to the evolution of the size of the general budget , and the growing impact on the balance of economic, social, political and financial.The budget of the states include recognition of public revenue and public expenditure, for a period to come, it is a financial plan for the state , designed to satisfy the needs of the public in light of the circumstances and goals of political , economic and financial - based society , it is a mirror that reflects the state activity and reflect on its role as the state cannot direct activity without spending cannot be spent without the revenue necessary for this purpose.Therefore, the study of the general budget, indicating that the procedures followed in the preparation and implementation of the general budget, reflecting the political and social system and the administrative state, also shows that the search in terms of the general budget shows the activities of the State Economic and objectives, as the study shows the effect of the factors and financial considerations of the state, and emphasizes the importance of the role played by public finance in the present eraAs the general budget planning tool for the future , the government is in the process of preparing the budget public take into account a range of important principles that guarantee prepared to the fullest picture of the fullest, also included the development of Activity executive power under the control of Parliament , but it is a result of the evolution of the concept of public finances and breadth of state activity has controversy raged among scholars about taking these principles or exit them , so that the concept is applied by conventional financial problems and generates economic and financial difficulties , which prompted the evolution of these principles and resulted in the exceptions to ensure their application in the preparation and the preparation of the general budgetThe problem with search according to those principles which leaves a clear impact in the general budget of the same in terms of Nacho preparation and voting upon the approval and implementation, which often Macon year or more different countries.In political terms, and as is known, there are reciprocal relationship between the political system and public finances, the authority is the ruling in a particular community, determine to a large degree the financial policy of the state, and the distribution of public expenditures and public revenues, between classes and strata of society different, are also affected by the financial public events and political unrest, Alaboukry hand, affect public finances in the political system through consolidation or reduction of the activities of the legislative power, as was the public finances and the financial pressures generated by, the reasons for the mothers of the revolutions in the world And contribute to the study and understanding of the principles of the budget to identify the administrative organization of the state, whether in the form of a federal or a uniform, and do follow the state highly centralized or decentralized system of government, and it affects all the modalities of control followed by the state to monitor the implementation of the general budget, infrastructure to invited us to select the subject of the principles of the state budget as the theme for this research.

حل الاحزاب السياسية في العراق : دراسة مقارنة == Dissolution Of Political Parties In Iraq (A Comparative Study)

Author name: نوال جرو كاظم
Supervisor name: مهند ضياء عبد القادر
General topic: Law
Specific topic: Administrative Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: بالنظر للاهمية التي تحظى بها الاحزاب السياسية، فقد اصبحت محل اهتمام ودراسة الباحثين في المجالات القانونية والسياسية، لذلك اخترنا جزئية معينة من ضمن موضوع الاحزاب السياسية كتنظيمات وجماعات سياسية تمارس دورا مؤثرا في حياة النظم السياسية، وهذه الجزئية تتعل | According to the importance given by the political parties, it became focused by researchers of legal and political fields. This is why we choose a certain part of political parties subject as an organization and political groups that has an influential role in the political system life and this part deals with parties dissolution by showing the factors and conditions that lead to political parties dissolution. There are many studies on political party and in different political systems, but the focus has always been on the mechanisms of the establishment of political parties, its pluralism and the methods of financing without the theme its dissolution which led to choose the title of (Dissolution of Political Parties in Iraq - A comparative study).This thesis has adopted more than a certain approach to study the subject through the use of the historical method to trace the evolutionary path that passed by the parties, as well as the adoption of the analytical method in the study of the legal legislations that addressed the issue of political parties dissolution by showing political parties regulating legislations since the monarchy in Iraq till present time and analyze its content as well as the use of comparative approach in order to study the issue of dissolution political parties by including the legal texts which organize the process of dissolution the political parties in Iraq and some other comparison countries which has been chosen for the similarity of its political environment and because it have the status of permanence and stability.The details of the study included the presentation of the concept of political parties during the definition of the emergence of political parties, the elements of the political party and the distinction between political parties and likewise all other policy organizations.Also, the obligations that are imposed on political parties were discussed for the principles and objectives of the political parties or liabilities related to the establishment of these parties.We've also dealt with the subject of legal regulation to dissolute political parties through the study of censorship imposed on the activity of political parties and the elements that lead to the dissolute the political party as well as showing case studies of dissolute political parties.Finally, we would like to clarify that the problem of research is the lack of clear provisions that mainly shows the legal arrangements related to the dissolution of political parties and this is because of the weakness in partisan legislations in general which forced us to use more than one approach in this study as well as comparing current Iraqi legislations with the legislations of comparison countries such as Germany, France, Jordan and others

انتخاب مجلس النواب في دستور (2005) العراقي : دراسة مقارنة == Parliamentary Election In The Year (2005) Comparative Study

Author name: نعيم زوير محيسن الساعدي
Supervisor name: كاظم علي عباس الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: There are differences between the citizens ,that came from their ethnic or classical societies or their parties , as well as their cultures or their thought or their psychological formatting and their advantages. Those advantages will be one unit and associated in one society , that the man has desire to belong to society to live , that he is social creative , His advantage to establish sustainable society and this needs authority to save those advantages. thus the authority must be established by the democracy and the definition of democracy Is the people rule themselves and the democracy had definite in the 17th century in Europe The democracy has three shapes * Directed Democracy , which is the people ruled themselves directly * The semi Directed Democracy , that be find representation boards to represent the people and the ruling by those boards.which return to the people when making decision * Representative democracy , which is establish on idea that this representative board making decision be hand the people. The democracy can be acted by election and choosing the Candidates to be representative to act the people in the parliament And the people can ask and rule the representatives Therefore , the democracy can keep the rights of the people specially the political rights. This regime gives grantee to the citizen to elect freely , and this right can't be done unless the freedom be grantee to all the people in general.The significance of this thesis The election operation must be formatted by three elements First : Voter , elector , is the most important one of them , that he is the reason for reaching the candidate to the parliament. Second : candidate , who has subjective conditions as the Egyptian or French legislators legislate. Third : the authority of the elections this authority must control the operation of the election. The problem of the thesis The operation of the election is not ideal on all levels and is not going by easy way in realty , because conflicted the interesting as to be collected the members who will make decisions and establish the main law of the state regime. Research MethodologyAs the election in Iraq is started in 2005 and associated with it some problems , we used the analytical method to write this thesis. and we compered it with Egypt and France and I give some results and comments. I will divided the study in the three chapters and after those I give Introductory chapter that talked about the political rights and it's kinds and the laws which ruled them. In the first chapter I had talked about the conditions of the voters and candidatesWhile the second chapter I talked the election operation and it's laws and the rules which organized it. In the third chapter I explained the appeal cases which are done in the special courts of the election included the election and Protest about the membership of the parliament also I had talked about the important results and the commend

القضاء الاداري المستعجل : دراسة مقارنة == Accelerated Administrative Judiciary Comparative Study

Author name: نسرين جابر هادي
Supervisor name: حنان محمد مطلك القيسي
General topic: Law
Specific topic: Administrative Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: Accelerated Administrative judiciary is one of the most important topics in practical life, because following the path of ordinary courts in certain special cases may cause the loss of time, and of damaging the interests of individuals if they delayed their access to judicial protection.So this kind of judiciary was found to solve cases that are characteristic with urgency, and the impossibility of right's delay, because speed is one of the characters of the evolution of life in any community, and it became an essential part in human life. Then it became a duty to develop judicial systems in order to achieve the speed of resolving disputes.And if this obligation is essential in cases considered by ordinary courts, it is a fortiori be a matter of resorting urgent elimination in an easy way, without difficult requirements that hinder the speed and justice envisaged by resorting to urgent justice, especially since the recent legislation aimed that urgent provision shall be achieving all that a party needs if issued in his favor.no doubt that the proper administrative justice and judiciary require scrutiny and give the parties the sufficient times and deadlines adequate to prepare their defense, but on the other hand we see that this deliberate and slow procedures often causes wasting of rights and freedoms and damages that are hard to be fix after the verdicts and judicial decisions are issued, because it is often this procrastination is intentional from one party to gain time and to bring about damage to the other party.And if urgent measures in front of French administrative judiciary have evolved over a century, the urgency in administrative law in Iraq measures did not meet this development, as the legislature did not put any provisions in the State Consultative Council Law No. (65 of 1979) on the administrative urgent demands which leads to the return to the Iraqi Civil Procedure Code No. (83 of 1969 regarding the Accelerated Administrative judiciary, based on article (7/11) of the Act, which approved the application of the procedures set forth in the of Civil Procedure Code when it is not provided for in the law of the State Consultative Council. And then urgent measures remained before the Consultative Council. And then urgent measures remained before the administrative judge in Iraq unknown legal field for the judges and litigants

المركز القانوني لقائد الطائرة == The Legal Position Of Aircraft Commander

Author name: مهند موسى جاسـم
Supervisor name: فاروق ابراهيم جاسم
General topic: Law
Specific topic: Commercial Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: The pilot is regarded as a president of a state in the society that exist on board because of the remoteness of the aircraft from state authorities.It may be subjected to an emergency without control or surveillance or without supervisor from the governmen. Accordingly it was very necessary to have an authority on board works as government or does state responsibilities specially keeping order and security on board. The pilot was most proper person to be authorized such a responsibility and difficult task.Because of such difficult task , the international treaties , agreements and laws had put many compulsory obligations and conditions which should be available in the pilot. There were many differences among the specialists about the nature of the job of the pilot and the nature of this contract between him and the airways investor. Some of them prefer that the signed contract should be work contract with special nature due to some great difficulties about innocence work contract.Here we can call it " air work contract ". As the aircraft is the main instrument used in this case and used specially by the pilot , then we must refer to speaking about that subject before talking about the pilot personally. Also the air safety depends fundamentally upon the used aircraft in flight; therefore there should be some special conditions and characteristics available in that instrument. The pilot has wide authorities whether upon the passengers or the aircraft crew that exist on board or even the corresponding and communication on board. Anybody got such capacity , abilities and powers , he must have good qualifications and knowledge. Basing on such information and description, the success of air flight or it failure depends in fundamentally upon the competence and qualifications of the pilot. Dealing with such a subject needs explanation about the powers and responsibilities of the pilot., specifying the law concerned which should be applied on board , action which may or should be executed on board , events and behaviors that may occur during the air flight. Because the pilot has great and wide authorities and power , it was natural that the responsibilities should be in the same level with those authorities and powers.. He is completely responsible for all his conducts , behaviors and any action he does ob board. But still some of these behaviors may lead to catastrophe mistakes. Any mistake committed by the pilot may lead to destroying and crashing the aircraft and death of the passengers on board and the crew also. Accordingly the pilot will be responsible for the consequences of his mistake ;therefore he feels always that he has great and hard responsibility required from him attention and watchfulness , although some pilots cannot bear such consequences ;therefore the international laws specified the pilot's responsibilities and duties against special amount as with air investor

الفراغ التشريعي في احكام المناقصات العامة في العراق == Legislative Vacuum In The Provisions Of Public Tenders In Iraq

Author name: محمد سالم لهيمص
Supervisor name: صعب ناجي عبود
General topic: Law
Specific topic: Administrative Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: الفراغ التشريعي او كما يطلق عليه اسم النقص التشريعي او الفجوات او الثغرات او القصور او السكوت او الاغفال التشريعي هي الحالة التي لاتجد فيها الادارة او القاضي نصا تشريعيا ينطبق او يعالج الاجراءات التعاقدية بمراحلها المختلفة او حالة النزاع المعروض امامها | Legislative vacuum or as it is called Legislative shortage or legislative gaps or gaps or deficiencies or legislative silence is the case in which the administration or the judge do not find a legislation which applies or addresses the contracting procedures in its addresses stages or the case of a dispute before in front of it or they may find a legislative text but this lacks clarity or it might contain the defects of legislative drafting in the necessary detailed provisions to be applied. Therefore the vacuum is one of defects in the legislative drafting. It is recognized that the idea of the legislative vacuum in the law in general is one of the defects that can be attributed to the legislation, which reflected negatively on the overall material facts addressed by the legislation. Its impact would be more severe in the subject of public tenders as one of the methods utilized by the administration to make contracts with the best bids submitted by bidders in accordance with the technical specifications and financial declared and conditions of before, because of the size of the financial obligations incurred by the administration to third parties from hand, and the desire to work towards greater financial surplus to the public treasury and ensure the implementation of the contract the best technical conditions on the other hand. Therefore, the study addressed this issue in accordance with the plan is divided into four chapters, we dealt with in the introductory chapter the concept of the legislative vacuum and disadvantages of legislative drafting and we dealt with in the first chapter concept public tenders, and then a copy legislative vacuum in the preparatory phase of the tenders and borne out pragmatic and practical reality of phases financial provision of legal and ear contract, as well as pictures legislative vacuum in the economic and technical feasibility and the preparation of the cost of speculative study as well as the announcement of the tender stage. We dealt with in Chapter II with the legislative vacuum in stages tender selection best conditions and of phase receipt and opening of tenders and the stage of analysis and scrutiny of tenders as well as referral and conclusion of the contract stage, and after we finished the diagnosis of kinks in the provisions of public tenders had to be put processors in which they can fill legislative vacuum by the three authorities, including the legislative power of the role of parliament in enacting laws, as we dealt with the role of executive authority in bridging the legislative vacuum through the issuance of regulations (regulations) Management of all kinds as well as the role of the State Council in the preparation and drafting legislation projects related ministries or departments not related to the Ministry as well as his role in the audit of all the legislative projects submitted by ministries, including contributing to the unification of legislative rules and ensure that its legislation in accordance with the correct scientific and legal contexts on the other hand we dealt with the role of the judiciary in bridging the legislative vacuum

الدور الرقابي للجان البرلمانية في دستور العراق 2005 == The Oversight Rol Of Parliamentary Committees In The Constitution Of Iraq

Author name: لبنى عدنان يوسف الموسوي
Supervisor name: سمير داود سلمان الدليمي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: Parliament is the political structure like other structure of the state and society ,it is the base which build on and which stands upon the state and its political system and it is the responsible about many operations the imporlance one is the Legislation for the person , society ,state and the control on government action because it is one of the imporlant lnstitutions to make change in the current situation and the way to change and update in the same time where is the guarantee for the completion and democracy as per of the frame of Constitutional.So the lraq and What is witnessing the vast amounts of challenges that require institutional building coherent and rational political performance, so the parliament should be one of the institutions which play an important role to face this challenges from build and Iineup and activities roles that so imporlant and one of them the active role specially in regulatory area the subject of our research.So we deal with in our subject the regulatory side for the parliamentary committees in the lraqi parliament Power conferred by the rules of procedure for the committees ln the exercise of their work and speeifieally in the parliamentary inquir^y through out' follow - up to the performance of these committees and their work we see that the Council that exercise the profession of the investigation by the Commission either permanent or private it will done when its mission done or from Joint committees from many committees.The guided in our precedents and traditions of each of the systems comparison (UK, France ,USA, Egypt) because of their large role tn establishing principles and controls that goes by the Board and its committees where is one of the sources ruling in the padiamentary for his role in both the regulatory and legislative where is characterized by stability and continuity where is the prove for parliamentary work well so it is the result of free and realism parlicipation for the parliamentary and council members as especially ln practice committees in their work in the past is the base of the present and from the experiences of the present we will see the future.Through our research we came to propose several solutions for astrong parliament ,strong committees , the most important amendment provisions of the rules of procedure of the Law on the Council of Representatives of lraq NO.50 year 2007 amended by the law NO.23 year 2010,with adding supplementary texts and detailed to explain the mechanism of action of these committees and determine the percentage of representation of pafties within it Gives a role for the minority party in parliament and the need to specify a time limit for these committees to submit their reports and regulate many aspects of the procedures ln practice for the investigation in order to avoid the reasons that less than effective to avoid the shortcomings and deficiencies in performance Because those texts are the most imporlant organs of the Organization of the work of parliament which represents the people in all aspects of life and supports the foundations of democracy.
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