Volume 4, Issue 1, Summer 2013, Page 1-455

Authentic Federal Supreme Court decisions on the Supreme Court - In light of the provisions of the Constitution, the judiciary, and Jurisprudence

Alla Raheem Kareem; Ali Hadi; attiye Al-hilal; Maitham Handhel Algizi

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 1, Pages 1-35
DOI: 10.37651/aujlps.2013.67647

The Constitution of the Republic of Iraq for the year 2005 ensured the constitutional basis for the work of the Federal Supreme Court and the exercise of different specialties, the Constitution refers to the mandatory of the court judgments towards all the authorities , so this research will focus on the obligatory of the Federal Supreme Courts in those judgments as the other authorities , but this research shows a lot of examples indicate violation of the Federal Court to their judgments already taken, therefore, this research aimed to adopt special procedural law oblige the Court itself , as well as guaranteed the direct implementation of these judgments without the interventions, legislative, executive, and ensures separation between those judgments ,and the necessities of the steady development of the provisions and spirit of the Constitution in order to continue with the development which happening in the reality.


Nazar Esmaeel Al-Haili; Mohmmad.H.Ali

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 1, Pages 36-64
DOI: 10.37651/aujlps.2013.67524

There is no doubt that the events of September 11,2001 is an important turning in the U. S. A strategy towards the world, where the administration of the American Ex-president George w. Bush, which was dominated by neo- conservatives, worked on the exploitation of these events and using them to strengthen the u.s.a. hegemony on the world and try to re- design the world system according to the foundations and principles the of new international relations primarily serving the U.S.A. interests.
In this context lies the importance of this study, which starts from the premise that U.S.A. perspective of the phenomenon of international terrorism is not a reaction towards the events of September,2001 but it is based on the intellectual industry and institutional requirements for the continuity of U.S.A. domination of the post- cold War.
Depending on the nature of the research, it has been divided into four demands of the American perspective to the study of terrorism through the private, ideological, strategic, the media and psychological dimensions.
The conclusion has included the most important findings researchers could arrive at in the U.S.A. perspective concerning the issue of terrorism after the events of September2001.



Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 1, Pages 65-91
DOI: 10.37651/aujlps.2013.67527

That a review of the financial crises of all aspects of the long continued had emerged with an important result, changed to a large extent to understand the legal system of the bankruptcy and changed from the point of its objectives, as they are mainly based on the idea of separation between the merchant and commercial activity (), so that made the bankruptcy regime that seeks for the protection of commercial activity in general, balance between conflicting interests, protect the rights of creditors and preserve the debtor's right to direct the business again or continue to work activity stalled, with the bankruptcy and realistic, it is not publicity just to stop payment of a debt, but should the evidence the collapse of the financial position of the dealer you want to go bankrupt.
With this new understanding of the very philosophy of bankruptcy, it has abandoned many of the world systems of bankruptcy where traditional to the other systems take into account the ideas above, has been made, in most cases, subsequent to the major crises caused by the bankruptcy companies with a significant economic On this basis, the legislation came in the new Iraqi Bmslk bankruptcy rate for those with the provisions of the traditional, in keeping with the philosophy of regeneration on the global system of bankruptcy and achieve its goals, which is evident, which came in the reasons.

The obligation of ensure in the tourism contract (comparative study)

Muhmad Ali Sahb; Amil. K.saud

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 1, Pages 92-146
DOI: 10.37651/aujlps.2013.67511

Obligation to ensure safety in the decades to Tourism is a contract of adhesion contracts Impose positive conditions and wages can not be Discussed and there are conditions arbitrarily Adhere to the executable and can not Must be modified to protect the weaker party In the contractual relationship. And ensure obligation safety in place includes all these under supervise and administrate tourism agencies and travel and hotel and the carrier .
Violation of the obligation to ensure safety is a commitment of result not due diligence .Application of the provisions if the Civil Liability Streptococcus .There may be foreign element in the relationship
Contract as if the guest is foreign or foreign hotel must be application of the provisions . Conflict of laws to determine the law application .

Liability of the United Nations direction of Iraq

Sdaa. Daham.T

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 1, Pages 147-169
DOI: 10.37651/aujlps.2013.67526

This research deals with the Liability of the United Nations for tarrying and going beyond of the International Security Council of its Duties and Powers in both Second and Third Gulf Wars. This research was divided into two parts:
First: The extent of the Liability of the International Organization and its conditions, also divided into to two parts

Drawing work as penalties administrative that administration obligates them to pay it

Fadhil j laftah

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 1, Pages 170-193
DOI: 10.37651/aujlps.2013.67645

to bond as he agreed with management whether by missing to carry out agreement , or works it not according to the conditions and specifications that agree with them , or retardation about engagements to achieve work , so the management has right to carry out administrative penalties . one of these penalties is drawing work as penalty administrative that administration obligates them to pay it . there is condition for purpose to draw the work , that there must be great error from point of contractor towards administration . before drawing work from a contractor , it must be warn him to achieve the bond through limited period, the decision of drawing work considers from general order, that management works by it without needing for existing text in the bond declaring about it. As a result of it, there is many legal effects by legislations imbued.

Deviation authority to repeal administrative decision

Ahmed srhaan saod

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 1, Pages 193-213
DOI: 10.37651/aujlps.2013.67648

The government bodies have authorities which are indispensable to organize the life of individuals in the society . The greatest authority ( power ) which represents danger to the public freedoms is the excutive power due to the nature of it’s functions besides the capacities it has which can affect the freedoms of the individuals particularly when it is dictatorial . It can destroy these rights and freedoms whatever emphasized by the charters , constitutions or laws .
There is no way to get rid of this except when all the works of the excutive power including those of the government are to be under the control of the law and also the supervision should be imposed on it’s legality to return it to the right path within the frame of the legality if it trespasses this legality . This trespassing may be a cause to cancel the administrative decision because of one of the defects that affect any one of it’s pillars which make it illegal and as a result it leads to it’s cancellation either because there is no concern or it disagrees with the laws or the systems or the false application or the misuse of the authority which takes multi – phases in the light of the nature of the aims which the administration want to achieve

Organization's legal compliance among university employees in the Iraqi law/ A comparative study

Bshar. Jahm. Hassan

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 1, Pages 214-258
DOI: 10.37651/aujlps.2013.67512

The role of the university employee a serious role, as he is considered an important element in the educational process in universities, the owner of the biggest role in the evolution of societies, the reasons for these laws of the countries used to create a special legal regime of the provisions relating to this category, especially the discipline
The provisions that are discussed in this research in French law, Egyptian, Yemeni, Syrian and Iraqi law
The Iraq Enactment the Law No. 23 University work of 2008, which included everything related to the university employee to give the university and college employees and many of the rights and privileges.
But he did not include issues related to the disciplinary and this must be avoided serious shortage through the amendment of the law, and add of provisions relating to this Issues.

Administrative decisions of where to undergo legal scrutiny

Hader Hassan shtaue

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 1, Pages 257-277
DOI: 10.37651/aujlps.2013.67522

Original Subject all administrative decisions to judicial oversight canceled and compensation. Which means that he may everyone who has an interest to ask the competent judge to cancel the administrative decision if it has a defect of defects. He me also be asked for compensation if he had suffered damage from the administrative decision. But there are decisions issued by the executive branch be immune from judicial review and these decisions settled jurisprudence and the elimination of call it acts of sovereignty. So research will attempt to identify the decisions that are subject to the control and the effects

Promise to sell

Sabah najah mahdi

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 1, Pages 278-303
DOI: 10.37651/aujlps.2013.67525

Aliabad is selling a consensual contract-based Alrdhaomahl reason, the legislature has dealt with the Iraqi civil law in force in Article (91).
In this paper we discussed the meaning of the modest promise of sale, the difference between him and some of the implications of the promise to sell
and the types of promise to sell and the position of Islamic law from it.
Shows that the position of Islamic Shania law is different from the position it was explained that in the research. We hope that we have been successful in covering the topic in all its aspects

The legal system of the electrmnic paymeant cards


Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 1, Pages 308-412
DOI: 10.37651/aujlps.2013.67646

The research concentrates on the study of subject "of electronic payment cards" that are so called 'Credit Cards' which regarded an instrument utilizes the modern electronic means in performing bank processes. This card registers the processes directly in the merchant's account with the bank, the origin of the card,. The client, the card holder, is granted a period makes him gain what he wants from purchases and services and he uses the card in paying its prices by the bank. Afterwards he paybacks his debts according the bond signed between them in return of an agreed interest with having the bank a benefit by the merchant in return of his guaranty to pay processing value resulting in using the card and its register in the bank merchant's account. This subject has been chosen as this card has witnessed a vast use and because there was no lawful system treats such type of cards. This research aims to produce a sufficient information about this type of cards through its definition, showing its lawful nature and finally determining the impacts occur when treating with them, in order to start lawful regulation

The role of international criminal law in the protection of the environment from pollution during armed conflicts

Amir Rjab masher

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 1, Pages 344-378
DOI: 10.37651/aujlps.2013.67644

The theme of environmental protection and the contents of the dimensions of complex and multiple problems, we find may put itself in the last decades of the twentieth century and the beginning of the present century as one of the most serious issues in the modern era that were not the most serious of all, it began global attention to the environment is growing as a result of awareness of the dangers of environmental pollution on human health and life and to the security and future.
It was the age of many of the international conventions and treaties concerning the protection of the environment until it became international law of the environment an important branch of international law.
However, the legal texts contained in conventions and treaties and international declarations lose effectiveness in achieving the desired objectives unless accompanied sanction imposed on those who break the rules of law that protect the human right to live in a clean environment, and believes deter anyone who thinks in breach of those legal rules.
Since the penalty may be civilians represented compensation or restitution case for what it was, and may be administratively represented penalties disciplinary, or may be criminally represented criminal sanctions

The competent authority to impose disciplinary punishment on university faculty members

Ammar Khail Jumaa

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 1, Pages 379-413
DOI: 10.37651/aujlps.2013.67643

May commit a faculty member in the university within the facility or outside the university, some functional errors, which appear when the violation of his duties in the positive or negative imposed on it explicitly, or when they come out to the requirements of his career, if not contained in written texts. So in this research we will try to show (the competent authority to impose punishment on the discipline of the faculty), and will be done through the division of the matter to the two sections.
Section one: - Definition of the university faculty member.
Section two: - the competent authority to impose punishment on the discipline faculty member.
In Conclusion been registered the most important conclusions and recommendations, which are especially Iraq

The Independence of Judiciary in the Islamic Political Thought (a reviviscent view)

Turki .A. Majee

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 1, Pages 413-444
DOI: 10.37651/aujlps.2013.67513

The Independence of the judiciary authority is regarded as one of the most important issues that differentiate peoples and nations.
It is , certainly , an evidence of humans superiority and liberality of all kinds tyranny and oppression it is , also , an evidence of humans attainment of his rights and dignity.
In the essence of legislations Islam hay achieved this type of judicature to all his citizens Muslims and non-Muslims appoint and discharge practically.
The Ummah has been practical by a human being an over the world.
Being so, it was preceded to was precedent to the west – for more than 1000 years – to give the judiciary its independence.
In the judicial establishment of Islam , the innovation of new judiciaries ordinary, others than the such as : Ai-Hisbah and the grievance judiciary with cultivated conditions and more rights to qution every person-rulers and citiznces-assures the independency of judiciary and its prevalence against other authorities and everyday life.

Legal protection of industrial designs in the Jordanian law and international conventions

Ibrahim Saleh Sarayreh

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 1, Pages 429-455
DOI: 10.37651/aujlps.2013.67523

The industrial design of the family of intellectual property rights, they are an integral part of the product has addressed the theme Jordanian legislature beginning in the Law on Patents and Designs No. 22 of 1953, then returned after that, and annexing it the
Law of Industrial Designs No. 14 of 2000.
And enables its importance in that they add an special character of the commodity to be promoted as it helps bring in customers and preference for goods similar to each other are often the preference of customers goods optimum quality and with beautiful shape for it and the advantage of industrial design as a form of product or the product itself, while the industrial design is just the arrangement of the lines To give the goods and products form a nice attractive distinguishes it from similar commodities. For the industrial designs of the type of legal protection may be the special protection through a special law, as is the case in Jordan, or to be through copyright, as the industrial property of a vocabulary of intellectual property. Then address the international protection through international conventions on the matter related aspects such as the Convention and the Hague Convention.