Volume 2, Issue 1, Winter 2011, Page 1-274

Civil liability arising from the misuse of modern communication devices

Amer Ashour; Abdullah; Amer Ashour Abdullah; عامر عاشور عبدالله

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 1, Pages 1-23
DOI: 10.37651/aujlps.2011.15755

Of the development in science and technology, especially in the field of information technology and telecommunications, where transformed the communications revolution the world today to a small village, but this development did not free from the misuse of that came some of the legislation controls new to limit the misuse of these devices, in order to develop legal solutions to the problems caused by the misuse of modern communication devices we decided to discuss this issue in terms of civil liability. was and still the subject of civil liability on the top issues and legal issues worthy of study, so no surprise that Vemoduaadtha translated into real-life disputes between day and discounts individuals, and its provisions are legal solutions to those conflicts and disputes, so they imposed themselves and established a presence that will live on always time life in the community, then 'Asr which we live today is the era of responsibility, because of the development in science and technology, particularly in the field of information technology and telecommunications, where transformed the communications revolution the world today to a small village, and imposed itself and become one of the most important activities of modern life, After having the connection depends on the means of wired and wireless traditional, developed these means amounted to a range wider in the last period of this century, which marked this period, the growing importance of information and communication, and the most important means communication of modern mobile phones and the Internet and e-mail that can not be dispensed with in general terms entered every home and became assigned to each family, and with this huge jump in the world of communication and its importance in life, but this development did not prejudice from the misuse and other words that community was not spared the negative aspects of this technique. So were some of the legislation controls new to reduce the misuse and negative for these devices, and to form the vision of a comprehensive legal and to develop legal solutions to the problems resulting from misuse of these devices in common use in the Iraqi society is very broad we decided to discuss this matter through the civil liability arising from the abuse use of modern communication devices. Since the civil liability arising from the misuse of these devices do not only the availability of its corners, without pillars, there is no such responsibility, and when available these elements resulted in the penalty is a commitment that the official, who abused the use of these devices to compensate the injured for the damage to his right result, but the charge for the damage does not endorse obedient to his responsibility and often does not perform the compensation choice which entails therefore recourse the injured to the judiciary to a claim for compensation and as a means to claim this compensation is the case. Based on the above, we have divided this research into three sections, where we will discuss in Section The first elements of civil liability arising from the misuse of modern communication devices. In the second section we will show the penalty resulting from the civil liability arising from the misuse of modern communication devices. We will set aside the third topic to talk about the case of civil liability arising from the misuse of modern communication devices

Legal provisions in workers in the QIZs

Saba Noman Rasheed Aloisi

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 1, Pages 25-71
DOI: 10.37651/aujlps.2011.15756

Abstract States work hard to provide the investment climate to attract foreign and domestic investment but in contrast, is the erosion of workers' rights that the work of scholars and jurists on the stability for many years and show the gravity of that heavily in specific types of free zones and through the legal provisions to work in the qualified Industrial Zones, which calls for research into the nature of work and comparative legal regulations (Egypt, Jordan, Yemen), then countries with previous experience in Iraq and who is trying to make up his pursuit of the development in the field of development and investment to mention the technological knowledge.

Control of the constitutionality of international treaties, a comparative study in the light of the constitutional laws and international

Mohamed Khaled Baraa; Maher Faisal Saleh al-Dulaimi

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 1, Pages 72-99
DOI: 10.37651/aujlps.2011.15760

This subject deals with the issue of subjecting international treaties to control the constitutional and the statement of the validity of constitutional judges in monitoring the legality of these treaties and their conformity with the national constitution, and on this, the topic also looks at the legal value of international treaties in domestic law, where the treaty is not subject to control only after the promise legally ordinary like all other ordinary laws that are subject of both procedural and substantive provisions of the constitution as the supreme law of the State, then the international treaty not to breach the rules of the Constitution and this is reflected not only after the passage of the treaty under the umbrella of constitutional control.

Crime prevention campaign

Omar Fakhri Abdel-Razzaq

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 1, Pages 100-134
DOI: 10.37651/aujlps.2011.15759

Praise be to God, prayer and peace upon the Messenger of God and his family and companions and allies, and after. There is no doubt that the election is a fundamental pillar of democratic governance as a means to participate in the formation of a government deriving its presence in the power and continuity than on the popular will, and from that standpoint it was necessary to inform the electoral process set guarantees the reservation with integrity and good walking in the various stages, This is why the majority of the legislators at their election laws to define and criminalize certain acts that would prejudice the free and the integrity of that process and this is what was termed the electoral offenses. Where are the election of a crime of dangerous phenomena that threaten society as a whole entity, as affecting the political and democratic structure through the breach of the electoral process. Crime election is all acted mischief, whether positive or negative result in prejudice to the electoral process and fairness, issued by the will of the criminal and imposed by law a penal sanction. And the seriousness of these crimes, it should be avoided as they occur and to commit and thus get rid of the effects of various means available, and that Taatzafar efforts to contribute to and participate in the preventive action against crime each electoral institutions within the community alike and without exception. The law as it recognizes the rights of the people and protected, it emanates from a very wise, and this wisdom is the framework that should be moving in the inside of each right and can not overcome without falling in the circle of responsibility. To reduce the commission of such crimes that would prejudice the electoral process, the efforts are being made should be made in this area. has adopted most of the communities face crime head-field and control of direct, did not adopt in dealing with the manner of prevention based on the principle (prevention is better than cure), and crime campaign as one of those crimes, it is also possible to overcome before they occur through a concerted all efforts and possibilities of both the administrators of the electoral process or the political entities or institutions of civil society or the media to reach voters and the candidates themselves, to prevent falling irregularities that affect the functioning of the electoral process and fairness.

Terms of reference for local authorities in Iraqi legislation in light of the current Constitution and the Law of Governorates not organized in a region / No. 21 of 2008

Areej Talib Kazem

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 1, Pages 135-164
DOI: 10.37651/aujlps.2011.15757

The administrative system in each country is affected by historical circumstances and political and economic conditions and social conditions in, and this means that the system of decentralized management was linked to stages of historical and political, which passed by the State. Therefore, this study is particularly important not only in the State or group of States but on a global scale, so that the nature of power, which was characterized by the States the past disappeared and was replaced by the character of public service, which resulted in an increase in the activity of the state are not known to past generations, and it was a result that showed the urgent need to make a revolution in governance systems and management with a view to enable the State to carry out its functions the new. Hence arose the idea of ​​(decentralization) in power as experience has shown that the concentration of power is the main obstacle the completion of tasks and projects in such a way represent, (1) and then varied images of power in an image, the distribution of political office in the state between the federal and state or states of its member , and the consequent result that every state or small state autonomy in the direct power (legislative, executive and judicial) in the form of a decentralized political or in the form of the distribution of administrative function between the central government and other independent bodies (Kalmhafezat, cities and villages) and this so-called administrative decentralization in Iraq , after the changed economic circumstances, social and political in it, it took legislation of new laws reflect these changes in administrative organization, we believe that after the dominant spirit of the lack of focus of administrative law on provincial council No. 159 of 1969 repealed under the administrative system central to the application and decentralized in the legislation , proceeded to the 2005 Constitution Iraqi force and indicated in Article (1) thereof to the following (the Republic of Iraq is a single federal, independent and fully sovereign system of government is republican, representative (parliamentary) democracy, and this Constitution guarantor of the unity of Iraq) and he settled this political system and a new management, is the system (Federal Federal), which is a very advanced systems federalism and administrative decentralization wide (2). have changed mechanisms of the central administration of the provinces of the distribution of powers between the central authority and powers of the regions and governorates not organized in a region, he put the constitution mechanism for the distribution functions of the regions and governorates not organized and the State in the territory of the center. Having proceeded Law of Governorates not organized in a region also has terms of reference for local authorities in the governorates not organized in a region, select the validity of the provincial council, and terms of reference in which the heads of administrative units. Accordingly, we We will examine the terms of reference for local authorities to the regions and governorates not organized in a region in two sections, I / we devote to demonstrate the local specialties of the regions, and in the second section / we devote to the terms of reference in the local governorates not organized in a region

Procedures to remove excess public funds real estate in Iraq

Ali Hassan Abd al-Amir

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 1, Pages 165-194
DOI: 10.37651/aujlps.2011.15754

That public funds have a very important and its impact is clear in the life of nations and peoples and people's happiness and prosperity of their living and has a prominent role significantly to the stability of States, strength and sovereignty. Where it became recognized that the state functions as intended requires as well as on the efficiency of its administrative ownership of a lot of funds (real estate and movables) and that have been earmarked for the public benefit, so it has worked countries since its inception, to expand the size of its funds and property of the public, especially after the development center of the state from negative to positive and its interference in the social and economic life. Given the great importance of which is occupied by public money as a substrate affecting the lives of nations both in terms of administrative, social, economic and therefore careful man-made laws to ensure that these funds effective protection and Tatherha legal system particularly different from that governing the funds of individuals. On this basis, occupied the theory of money General prominent place among the topics of administrative law has raised its provisions a lot of controversy in the various countries of the world, whether that adopted the capitalist system or that have adopted the socialist system, in the capitalist countries are divided into the funds of state-owned and other public legal persons into two groups: first, called the public funds which are allocated for the public benefit and the second private funds and limited purpose of investment and development resources of the state and are subject first to a special legal regime to ensure her a great deal of protection, a common law system, while under the second set of the system of Private Law governing the funds of individuals. In the socialist countries felt of the futility of the distinction between state funds to private funds and the general style is the case in capitalist countries so keen to find one legal system to ensure effective protection for all funds of the state without discrimination. It is well known that the public funds and all state I receive from the attacks and abuses that you get from the by individuals awareness, funds and public since ancient times been subjected to numerous violations of the monopoly of a person or group of people part of the land or property belonging to the state and to prevent others to benefit from them unlawfully and without consent by the administration, which put the responsibility of the administration task of protecting this excesses of money obtained by the development of procedures and deterrent to these abuses in the future

The role of individual will to terminate the contract

Imad Khudair Allawi

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 1, Pages 194-236
DOI: 10.37651/aujlps.2011.15753

Provided for civil legislation on that (the agreements which are held on the face of legitimate functions as a law for the edges) and the implication of this rule that what is agreed Akdan or more precisely, as fall within the scope of the contract - be binding upon them as if it were provided for by law, an exception to that Lai of the parties, or both, to terminate the contract upon the agreement or provision of the law, but most of the civil legislation was not exposed to the definition of termination will the individual, as is the case in most of the issues, but left the definition of doctrine as is the one who radicalized the legal rules, given the definition of termination in the literature we find him several definitions, most of which Atkhalo of cash, which invited us to propose defined by (legal act proves text or agreement entitles to one of two contracting parties, or both, or is to end the contract individually for the future only) based on five key elements can be summarized as follows A - termination legal act is the will of individual. B - the termination is based on legal grounds or convention. c - authorizes the termination of one or both of the two contracting parties or to others. d - independence, to end the contract individually. This is the fourth element which distinguishes termination for termination of other types (come out so annulment judicial signed by the judiciary and the Convention actually Baradtan and legal, which has nothing to do with the will of the contractor in rhythm) and on impeachment, which are by Aradtan. e - is limited to its impact for the future only. and requires jurisprudence for the health of termination three conditions must be provided is ((1 - absence of retroactivity to terminate the contract 2 - The other party of termination 3 - Do not abuse the right of termination)), but we have noted through the study of the definitions of the doctrine of an end to that Fourth, there is a condition had not been his doctrine is not to need approval to the other party, and this condition is necessary because it distinguishes the termination of rescission requires the approval of the Convention, which the other party. If these conditions are met is to end the applications are either due to the nature of the contract and make it unnecessary for one of two contracting parties, or both, a lot of study, including two (agency contract and the contract loan), for example, Attabq provisions terminating the will of individual and either a combination of the contract the option of a two contracting parties, or both are also other many But we will not be exposed in our present only the options that were the subject of attention and the organization of the legislature in some civil legislation (choice condition, the option of vision, the choice of appointment, the option to defect) and we conclude from our search to the following: - 1 - known as fiqh French cancellation the will of individual as a reason independent of the reasons for the dissolution of the contract is dissolved by the nodes in Almsqubl the will of one, while known Jurisprudence Arab under the term termination of the will of individual for the same reason. 2 - mixing a lot of jurisprudence and legislation position the organization for the option of the defect between the terms of the defect on the one hand and the conditions proved Khiaralaab On the other hand, The conditions to be met by the defect is caused to the eye, to: - (1) to be influential in the value held by (2) to be out of date (3) to be hidden. The conditions proved Khiaralaab they include, to: - (1) required in the meeting have to be a very specific kind (2) that the defect is not known to the contractor's option (3) and not the other Contracting has stipulated that the patent of it 3 - systems, the legislature in some Arab civil legislation options that marred by unnecessary nodes accurately and detailed as is the case (civil law of Jordan, the Civil Transactions Act UAE, the Civil Transactions Act of Sudan) The Iraqi legislature has dealt with within subjects sporadic Fajaar condition and the option of vision and the option of the defect within the provisions of the contract of sale, either the option of appointment Faljh within the descriptions amended the effects of commitment / multiple object of an obligation / commitment Altejeara. ) - So the last call for the organization of these options within the civil law as expounded by the way some Arab civil legislation.

Variable water in the Iraqi-Turkish relations

Yasser Mohammed Aalaoe

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 1, Pages 235-269
DOI: 10.37651/aujlps.2011.15758

This study deals with water as influential in the Iraqi-Turkish relations, Turkey's policy and the reflection of water on the relations between the two countries. Starting rate of global fresh water and the impact of climate change in the diminished quantity. Passing rate of fresh water in the basins of the Tigris and Euphrates and witnessed by a large variation in conditions of water while Iraq relies entirely and Syria by 80% over the waters of the Tigris and the Euphrates, we find that Turkey has hundreds of other rivers that provide the amount of water equivalent to three times the water of the Tigris and Euphrates. Then deals with research projects built on the Turkish Tigris and Euphrates rivers are short and their importance to Turkey, then displays the serious implications of these projects in Iraq in terms of decreasing the amount of water to the hyphen, and the consequent effects of environmental and health and economic consequences. Thus, research is being a brief history of the Iraqi-Turkish relations to reveal the extent of impact and vulnerability to variable water. Search also displays the evolution of water relations between the countries of the Tigris and Euphrates basins, emphasizing that they have become tense since the beginning of both Turkey and Syria mega projects in the seventies of last century, and worsened in the nineties, which is likely to get worse in the future. The section also deals with the water crisis and its impact on the relations between the countries of the basin through Balmertkzac strategy for Turkey's policy of water, stressing that it is seeking to exploit the water to become a regional power. Then displays the most important stations of tensions over sharing water rivers and to the failure of Iraq and Syria, so far, to obtain recognition of a Turkish express their rights acquired in the rivers. And the political motives of many of the actions of Turkey's water resources. Water relations and the nature of the Iraqi-Turkish Natherha and political crises between Turkey and Syria, and finally coordination to face the Iraqi-Syrian and Turkish projects, trying to rally Arab and international support for these projects and scalable access to Turkey's recognition of their rights. Then concludes that the water will form a large component of future tension in Turkish-Iraqi relations.

Read law in the Coalition Provisional Authority Order 31 in 13/9/2003

ad fger Rawai

Journal of Anbar University for Law and Political Sciences, 2011, Volume 2, Issue 1, Pages 270-274
DOI: 10.37651/aujlps.2011.15752

Issued the above command and stating ((modify the sanctions imposed on the perpetrator of the crimes of kidnapping referred to in Articles (421 422 423) of the Penal Code to impose the maximum sentence of life imprisonment until the death of the convict)): - Pursuant to the provisions of Article (38) of the Iraqi Constitution of 2005 by which the State ensures the protection of freedom of expression, including without prejudice to public order and morality, and by reading the legal text we would like to ask the following matters: - I / the order and the principle of legality The Authority Order Coalition can be exposed to harsh criticism and the many that exist as it is inaccurate and the lack of legal drafting that was contrary to the principle of legality, which is the principle of a constitutional before the legal principle. And after the main source of the Penal Code and the only one. Which is agreed by the contemporary legal systems. Including the Iraqi constitution, which stipulates in Article 19/2 that no crime or punishment except by law, no punishment, but the act that the law at the time committing a crime may not apply the death penalty more severe than the force at the time of the crime. Also provided for this principle of Article I of the Iraqi Penal Code, which states no punishment for an act or omission. However, based on the law provides for the criminalization of committing time and may not be penalties or precautionary measures not provided for by law