Volume 2, Issue 2, Spring 2011, Page 1-352

The basis of civil liability arising from acts of members of the judicial'' comparative study''

Asaad Aziz; Ubaid Jumaili

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 2, Pages 1-59
DOI: 10.37651/aujlps.2011.15736

This study examines the basis for liability resulting from acts of members of the judicial police, and an examination that comparison, which reflected the extent and nature of this business, and the nature of the liability that could arise because of these actions. This research includes many of the ideas and views that can put solutions to address the damage caused by such acts, and included a conclusion on some of the results contained proposals that see the benefit in the process of taking in the legal and practical life

The right of business and medical error of

Maath Jassim Mohammed

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 2, Pages 60-88
DOI: 10.37651/aujlps.2011.15735

The great importance of the medical profession has no limits, as a profession is a humanitarian and moral those who require intimate scientific and technical machine. And the exercise of medical activity must be consistent with the rules prescribed in the science of medicine, tends to cure the patient. observed in recent Alaoana that some of the doctors unaware of the provisions of the law in spite of the exercise of their professional responsibility brilliantly, even bitten by surprise but shocking including the right to take legal action as a result of the error in the practice of the profession. I have explained the penal legislator as is the use of the right to practice surgery, medical and business telemedicine other according to the origins of scientific generally accepted in the medical professions licensed when has the consent of the patient or the Attorney for a law explicitly or implicitly or if medical intervention is necessary in urgent cases that require it. that the conditions for permitted medical work in the license include the legal consent of the patient and the targeting of treatment and taking into account the scientific bases. The research deals with the historical development of the error in the act of the doctor as it is not recent, but is as old as medicine, the oldest known civilizations, particularly Babylonian civilization, specifically legislation of Hammurabi, known as the Egyptian civilization and Romanian. were then talk about the medical profession in Europe and the mistakes they remained in the clergy reluctant to hold sway for decades on the medicine, and those who did not mention them accountable for their mistakes because they derive Sultnthm of God. And then raised Madsthm penal for their mistakes in medical work, especially after the establishment of currents philosophical denounced cheating some doctors. Then dealing with the study definition of error in medical work and defining the criteria is and what is the nature and pictures of this error, which is reflected negligence and recklessness and lack of reserve and non-observance of laws, regulations and orders. As for the practical reality of doctor error during the megatrend of error in the diagnosis of disease and treatment in the description of error and error in anesthesia patient and finally the error in the surgical intervention?. As for the conclusion Vahtot recommendation for the organization of the Iraqi legislator describes the explicit provisions of organ donation and transplants, in particular, and that these practices hesitate between the permissible and the danger legitimately and legally.

The legal system to hold the opposite

Esra Nataq Abdel Hadi; Ibrahim Muhanna Hammoud; Saad rabea Abdul-Jabbar

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 2, Pages 88-103
DOI: 10.37651/aujlps.2011.15730

We dealt with in this study, a legal system to hold indefinitely demonstrated his concept and a mechanism to take place and the statement provoked the importance of high legal, which is occupied by protecting the gentiles bona fide dealing with the parties to this Contract, and reduce circumvent the debtor's legal evasion of its creditors and that the conclusion of legal actions lead to the weakening of his duty of financial which is a general guarantee for the creditors. It is a backdoor behind a visible figurehead is no different with the latter in terms of the parties, but differs with him in terms of the nature of the contract or staff, and conditions. The division of research we decided on this subject to the first two sections, we dealt with in the legal concept of contract and the mechanism of antibody to take place and look in the second arranged by the legal effects in terms of people and in terms of subject and the conclusion Nkhttmh show where the most important results and proposals

The legal system of the company exempted comparative legal study

Batool Asraoh Ebadi

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 2, Pages 104-123
DOI: 10.37651/aujlps.2011.15733

An offshore company or a company offshore (offshore) expression is often said on the tongues of business owners and companies at the time of globalization of trade and capital, as it blended with this designation are large and clear in commercial transactions. As we can say that offshore company is a company with a legal entity is recorded in the a country other than the residence of the founders or the company is engaged in the activity. What is happening in reality is that there are countries that provide legal and tax environment comfortable for foreign capital to pay the owners of these funds to register their companies within the scope of its sovereignty. And therefore resort owners of capital to these countries as an alternative for the registration of their companies in their place the actual order to benefit from the advantages of this system, it is possible through these companies exercise commercial activities of various kinds, such as trade and project management, acquisition, or in order to manage as companies holding company and is ideal for investment through overseas.

Legal protection for mobile subscribers

Amal Abdel-Jabbar Hassouni; Okadds Safa al-Din Rashid

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 2, Pages 124-143
DOI: 10.37651/aujlps.2011.15732

Spread of mobile phones in all parts of the world is very large, so that this device is very important in our daily lives, due for its essential services is the way the main to connect to the immediate and that on the way can communicate between people anywhere in the world this, as well as other benefits included in the companies producing mobile phones are competing for the emerging modern techniques in its so that the mobile device multi-functional, so the rush everyone on the acquisition so that the number of mobile phone users continues to increase, but in spite of its importance, but that this technique cons and caveats that need further attention and processed legally in order to ensure the right of the joint and ensure the integrity of the damage and cons of these phones.

The protection and promotion of cultural expressions in the light of international law

Salah Khiree Jaber

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 2, Pages 144-167
DOI: 10.37651/aujlps.2011.15731

The protection and promotion of the diversity of forms of cultural expression is an important step to achieve the principle basis of a human right to culture and diversity which is in turn one of the themes the third generation of human rights, and as a result of interest in the growing international subject matter focus of this research indicate the role of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions for the year 2005, through reference to the most prominent mechanisms and measures of states parties to the Convention aimed at protecting and promoting the diversity of cultural expressions in the world as well as promoting dialogue between cultures and promote communication between peoples and to stress the link between culture and development, taking into account advertising, events and international conventions relevant, especially issued by UNESCO as the basis of this fact that the culture and themes are at the core objectives and work programs of this international organization. study aimed to shed light on the protection of forms of cultural expression from the standpoint of international law because it is still in the process of growth and evolution and needs to be greater international cooperation and regional coordination.

International protection of detainees (with a case study of Iraq)

bedaa ali wale

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 2, Pages 168-203
DOI: 10.37651/aujlps.2011.15739

Freedom of the human part of his humanity Bdonha of basic supplies for its existence and the continuation of his life, and depends mostly doing many of the practices of other life that can not be done at the loss of freedom, especially freedom of the physical, so to speak. As the freedom of human encroachment and the need at all stages of human history and in all societies, so I organized a divine law and the situation throughout history, what saves the man his humanity and saves the community and his presence and his regime, and it was between what was brought by the legislation and Altasalm upon doctrine and held by the norms, it can sometimes considerations most important to attach to the interests of the public for example, that take away human freedom as a precautionary measure to prevent damaging others or as a punitive measure to be rebuked and others from doing as much as they offer it again, but that did not come from the fact that imprisonment or quarrying is an exception for the original General's decision respect the right of man freely, without prejudice to the derogation or. Since the application of this exception and act accordingly be of the competence of public power exclusively, and they often are estimated for the public interest and citizen taken into account, the person is always expanding in its application and out, sometimes on the philosophy that status for it, so I tried local communities and international The conditions governing the restriction of freedom and Times of arrest or imprisonment, detention or under any other appellation, starting from the document Almknacart 1215 to the present day, it all Salmt not to be deprived man of his liberty except by judicial order or because of legal prescribed. Similarly, it was within the scope of international humanitarian law, as to deprive man of his liberty in his field is exceptional also may be taken by the occupying power to take control of things and for security reasons in case of armed conflict or for the purpose of protecting state security or public order in non-conflict situations and provided the required standards to provide for it. However, the principle Altasalm Legislative or regulation does not hold when applied to the case in fact, it often violates the will of the party's strong organization man of power, and over what seems to be a holder for the time being during the occupation of Iraq in 2003, where it emerged and clearly the phenomenon of many camps and rational and scandals published for the crimes of torture in detention confused. This raised vocal significantly from the authorities of local state and the rights of the State's care under occupation and the opinion of the regulations and covenants be back in the governance of the relationship between them, for all that was incumbent upon us to shed light on the observations of this subject by showing cases where arrest or detention and the principles that must be take into account the rights and approved by the international conventions and protocols of the detainee and the penalties can be imposed on the detainee if he committed the punishable during the period of detention, and should then be stopovers for crimes committed against Iraqi detainees in the detention camps, in addition to the views and attitudes of stakeholders and international organizations such violations, and all that in five SSI caused a conclusion. It should be noted that in place this research shed light only on the detainee or the detainee administrative which is in accordance with the decision of the executive and therefore it does not include moving the project, which was previously the trial of a person arrested on their relationship, including criminal, whether in times of armed conflict or otherwise as does not include prisoners of war in international armed conflicts.

Arab and Islamic issues in the thought-Nabhani compared with the flags of the most prominent contemporary Islamic thought

Turki Abdul Majeed

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 2, Pages 204-230
DOI: 10.37651/aujlps.2011.15738

The Taqi al-Din Nabhani (1909-1977) Judge of the world and the Palestinian-Azhari, and founder of Hizb ut-Tahrir in 1953 of the most prominent contemporary Islamic thinkers who took the major issues of the nation, trying to find effective solutions. Prominent among these issues, the Palestinian issue and the issue of unity and the cause of the Renaissance. As for the Palestinian cause it, although not prepared by the issue of the nation's central but focused upon much the so-called political struggle carried out by his party to embrace the interests of the nation and detection schemes of colonization and conspiracies being plotted against them. As Nabhani did not see Jews only fight under the banner of the Khilafah, it deprives the peace or to recognize the Zionist entity or even a truce with him. In the context of what the unity of the nation has distinguished between three levels Nabhani of the unit: the first level, the unity of the Muslim community, which will not only verify consolidation of their thoughts and feelings and regulations that address their problems and the reality of their lives, such as political and economic system and social ... the second level, the unity of the people tied to the availability of the factors which led to the unity of the peoples of the Islamic nation prosperous in its history. the third level and the unity of the state as the unit has enjoined the Islamic state and jurisdiction. Nabhani and finally drew attention to the presence of two Mashup 'Transforms between the nation and the renaissance: the first loss of the message, and the other is the colonization of both types of military and cultural. He called for the introduction of the causes of the Renaissance and its conditions.

The current international system and the deviation of international legitimacy aspects and implications

Azhar Abdullah Hassan Hayali

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 2, Pages 231-265
DOI: 10.37651/aujlps.2011.15734

Witnessed the international system at the end of the last century a series of major changes, most notably the collapse of a single polar international system the past, as well as profound changes touched the systems ideological, economic and cultural development of the international system, and the balance of power at the international level and since he can not separate law on the economy, politics and the balance of power prevailing in the world overlap of interests and fade the border, relatively, the legal system and moral International (international law) influenced significantly these shifts, which was termed double standards in dealing with international legitimacy, therefore, what is happening today is to try to the United States to impose international practices beyond the pillars previous international legitimacy to impose a new legitimacy reflect and express the new balance of power dominant (USA)-oriented introduction of States and international organizations, led by the United Nations in particular arrangements serve the strategic interests. To become the current international system is far from what is called international legitimacy and the rule of international law in accordance with the requirements of the Charter of the United Nations and international norms agreed upon in a world meant for him to fall under U.S. law and American power, which will not be accepted from its allies, any intervention effective in re-mapping and classification interests and the distribution of spheres of influence, as was the case in the Second World War, therefore, not surprising that the United States a particular understanding of international legitimacy in the current international system, namely the international legitimacy stems from the reality and Mostagdath, the legitimacy of the strongest and not the international legitimacy collapsed which reflect the balance in the dealing with the States, which explains to us the clear manifestation of the deviation in the international legitimacy and the policy of double standards in dealing with international issues

Civil society in the Arab reality and challenges

Moad Jabir Mahmoud

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 2, Pages 266-301
DOI: 10.37651/aujlps.2011.15737

Acquires talk about civil society, with its studies and discussions and arguments, of paramount importance in the Arab countries, the novelty and strangeness of this concept to a large extent in our communities Ntejah of the causes and several factors Sntnolha in the body of our present. Perhaps the first observation that deserves attention is the absence of real democratic structures, and the pattern of the political culture of pluralism, which assist to find a political environment through which you can civil society organizations to grow and spread over different areas of human life.

The Kurdish question and international politics (the study of the causes and impact of the entrances)

Hussein Mustafa Ahmed

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 2, Pages 302-327
DOI: 10.37651/aujlps.2011.15729

Is the Kurdish question is a factor in international politics, for reasons including due to the region and its strategic importance, some of which dates back to the Kurdish people the same, which is attributed to the nature of regimes characterized by individualism and tend to violence and a military solution against the Kurds on the one hand, and has a lot of contradictions and conflicts of interest and trends on the other hand. lies effects of the Kurdish question in international politics in two directions, they often cause the convergence of the region and increase the points to participate in them, and entering into agreements and alliances and treaties sometimes, and sometimes other governments within its , followed by the emergence of new projects and a review of the alliances of old, as there is a strong tendency within the major countries and the United Nations at the international level to support the issue of linking human rights the international status of any country through the insulation and participate in the international Club, and perhaps the Kurdish file one of the most important human rights issues

Misconceptions about women's rights in Islam

shoouk ayaad Khudair; Ahmed Ali Mohammed

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 2, Pages 328-352
DOI: 10.37651/aujlps.2011.15740

Is the subject of human rights one of the most important hallmarks of our time and one of the most important concerns and interests of international organizations, governments, research centers and institutions of civil society. In the framework of Western domination of the means of communication and information, the West is trying to present achievements of civilization in this area as the maximum reached by the human progress in respecting human rights and dignity. In the midst of this endeavor frantic sought Western circles and sought to discredit achievements civilization and culture of nations and other peoples to ensure the cultural hegemony and later the economic and political world of today, after the locomotive has reached its end date to quote Francis Vukayama did not remain only some of the obstacles in the forefront of Islam. So focused on the West attack on Islam by raising suspicions about religion and Islamic thought. One of the most important fronts of this battle the cultural front is the rights of women raised Almichrkon yesterday and raising their grandchildren today a lot of doubts and confusion about the abuse of Muslims and Islam for women's rights in order to appeal to Islam and to diminish it. In the framework of this campaign, frantic and continuous lined pens calculated on Islam to promote those suspicions out of fascination with Western civilization and values ​​or the result of ignorance of the fact that the Islamic religion or both. On the other hand Onbert Pens faithful to defend the system of Islam and the value and the statement of the fact that a woman's place of the Islamic religion. And we will try in this study, a statement of women's rights by revealing the truth about the suspicions raised and the sources of these suspicions in order to elucidate the fact that the status of women in Islam have been distributed study on three topics: - First research: the rights of women before Islam. Section II: Women's Rights in Islam: not excessive or negligence. The third topic: the nature of the suspicions and respond to.