Volume 4, Issue 2, Summer 2013, Page 1-494

Terms of reference of independent oversight bodies to combat financial and administrative corruption in Iraq

Maher Saleh Allawi; Majid Jassim Mohammed

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 2, Pages 1-32
DOI: 10.37651/aujlps.2013.78005

After the extension of the state activity and its interference in all aspects and the weakness of the supervision practiced by the bodies of the executive power, the internal supervision, these Independent organizations were established.
As concerns Iraq, these independent supervising organizations appeared when the financial supervising divan was established It is concerned with the supervision to the moneyof state and it is also responsible for revealing the deviations and thecorruption in the organizations of the state.
Also honesty (impartiality) organization which aims at preventing the financial and administrative corruption in the governmental organizations.
These organizations were given specialties and more powerfull such as investigation, review legislation, regulations and system and the proposal develobed

Good governance

takrred Hnon Ali

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 2, Pages 33-54
DOI: 10.37651/aujlps.2013.78006

We have expanded human throughout history, to search for the best types of governance, has emerged as a result of so many theories intellectual to achieve these endeavors necessary and urgent, perhaps the most important of the theory of communism and liberal theory, and if they first fell in favor of the second, with the ends of the twentieth century, which ledto the rule of liberal model as the optimal model of governance. But the issue of good governance is also curious about Islamic Thought, Islam - the script and the Quran and Sunnah - has come to the principles relating to good governance, as the historical experience the Prophet Btoreha Islamic Rashidi, had confirmed the concept of good governance.

The Forces Acting in the Egyptian Parliament

Yassin Mohammed Hamad; Imad Rzayig Omer

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 2, Pages 55-79
DOI: 10.37651/aujlps.2013.78007

The significance of the Parliament lies in its functions. The real role of the parliament is the representation of citizens equally, the expression of their interests, contribution in solving their problems and observing the performance of the Government. In Egypt, the status of the parliament deteriorated after the 23 July Revolution in 1952 and constitutions came then to make the Parliament a mere institution subject to the executive power. After the political openness in 1976, Egypt began to reconsider the form of Parliament and the permission for multi-parties. But the parliament still suffers from the dominance of the executive power represented by the President of the Republic in view of the privileged position given to him by the constitution compared with the legislature power, as well as the existence of the National party headed by the President of the Republic, which forms the majority in the parliament since the beginning of the political multi-parties. The party has drawn its power in overlapping with the State, which helps to influence the parliamentary life, with the creation of obstacles, both in the parliamentary elections, which witness some of the phenomena contributed to influence the nature of representation in the Parliament, which came into the favor of the National Party who has worked through its majority to control the Parliament in the legislative and supervisory outputs, securing the required majority for the President. The president created obstacles to undo Parliament functions.Does not work the political system in general and the legislature in particular in a vacuum but in a particular environment affects and is affected by, and often include the political system agroup of powers each of them exercised influence directly and indirectly to the Parliament, both in its composition or the exercise of his duties, no doubt that the nature and form of the political system and the extent of distribution of powers in which factor determines the ability of Parliament and the extent of carrying out its missions, in the parliamentary system, different effects than in the presidential system, as well as the privacy of developing countries, including Egypt and the nature of its political system and the nature of the political forces and lack of democratic development This study sheds the light on the (The Forces Acting in the Egyptian Parliament). It is divided into three sections as well as the introduction and conclusion .

The effectiveness urgent Aalqdhae and implementation mechanism And according to Jordanian legislation

Ibrahim Saleh Sarayreh

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 2, Pages 80-107
DOI: 10.37651/aujlps.2013.78095

The effectiveness urgent Aalqdhae and implementation mechanism
And according to Jordanian legislation
Prepared by: d. Ibrahim Saleh Sarayreh
Dealing with this Aldrashahkam urgent justice in Code of Civil Procedure Jordanian compared legislation Egyptian, Syrian and Lebanese, in an attempt to reach some results that could benefit them in the refinement of this type of litigation that the increasing resort to in life, due to the tremendous development and rapid, which included all walks of life, and consequent increase in the role of urgent justice where it has become necessary to develop judicial systems and to achieve the speed of resolving disputes between individuals, which requires the development and function of the urgent justice to serve justice.
Has suffered in this Aldrashahkam to the most important definitions jurisprudence and judicial to eliminate urgent, and the characteristics of this type of litigation and its benefits, as proceeded to study the difference between urgent justice and other judicial systems, then the distinction between the case urgent and lawsuit consider urgently, and looked at the policeman jurisdiction Qualitative urgent to eliminate two of urgency and without prejudice to the right asset. Also examined the implications of the requirement not to prejudice the right asset, and the authority of the interim relief judge when searching temporary demand.
Then subjected to the jurisdiction of Summary Jurisdiction Urgent action suit and the competent court to its consideration and the nature of the sentence and the conditions required it and authoritative, and its feasibility, and ways to challenge it and the effects of this appeal.

Interest clause in the district of the Supreme Court of Justice of Jordan

Salim Salama Hatamleh

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 2, Pages 108-142
DOI: 10.37651/aujlps.2013.78117

The condition of interest is considered as one of major principle which the administrative law jurisprudence depends on , because condition of interest is the cause of administrative case , which was stated in the terms of the supreme justice court code 1992 in Jordan , in which the legislator stated that , " any case will not be approved or accepted in front of this court unless the plaintiff ( claimant ) has real and personal interest ."
It's determined that the interest in the case of nullity should not depend on a real right was tress passed or was threatened to be tress passed by the public authority because of it's real or relevant nature for nullity case .
While the case of nullity related to the real of relevant judicial which involves around the legitimacy of administrative decisions, in which the individuals can be benefit from the real rights , according to the majority opinion there for the interest can only be the condition that nullity case can be accepted.
The diligence of Jordanian supreme justice court in general tackled with this condition which was clarified the nature and kinds of this condition , in order to keep ( guard) the legitimacy doctrine and to approve the curiosity of judiciary procedures .
The relation between the interest condition and relevant case is very clear and they can't be separated , there for no interest if plaintiff abandon his right in the relevant case , or if the capacity of on of the disputes parties was disappeared or the case was ended or the decision was with drawl by the authority which issued before.

Federal system in Iraq and appreciation of the enactment of the provinces that are not incorporated in the province

sarmad riad

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 2, Pages 143-157
DOI: 10.37651/aujlps.2013.78118

This paper deals with the subject of a federal system in Iraq, especially the law of the provinces that are not incorporated in the province No. 21 of 2008.
It contains the emergence of the federal system in Iraq and the role of the Constitution in the composition of the federal system.
He also cares about the competence of the regions and the provinces and legislative terms of reference for the provincial councils and finally overseeing the constitutionality of this legislation

Good governance in Jordan (Read in the anti-corruption index)

readwone Mhmod

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 2, Pages 158-183
DOI: 10.37651/aujlps.2013.78119

The study aims to identify the concept of good governance and its relationship to development, and the most important indicators of good governance and especially corruption index, then discussed the concepts and types of corruption, and the different causes that lead to appearances in the community. The study focuses on the different Jordanian efforts to eradicate the phenomenon of corruption, and the reasons that led to the increase in Jordan, and Jordan in global indicators transparency in the fight against corruption, and the major challenges it faces in dealing with this phenomenon. The study concludes with a set of recommendations and findings.
Key words: good governance, development, corruption, political stability

Federalism in Iraq: A Study in the territory of the Western Region project

Hadi Mishan

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 2, Pages 184-217
DOI: 10.37651/aujlps.2013.78120

The day of the federal issues most controversial, as a bit of Iraqis have a clear idea of what they mean real federalism in its content, with no sincerity behind such calls, the Federal. Rather than being the federal source of strength and cohesion between the components of the Iraqi people, they versa seeks to shredded into small sectarian ethnic encouraged by external forces.
The objective of this research is to shed light on one of these federal projects, a territory of the western region, which launched in 2005, in order to stand on the nature of this project, and justifications, and the reasons for its failure and not appearing to fruition.
To achieve the aim of the research, it was divided on four demands, addressing the first requirement of which definition of federalism, and the second requirement for federalism in Iraq, The third requirement was devoted to talk about the project territory of the Western Region, The fourth requirement Vtm which examined the reasons for the failure of the territory of the region project

Dissolution of the foreign arbitral awards as one f the aspects of National Judicial Control.

Mohammad Musa Awad Suelmyin; Murad Mahmoud Yousef Aelchenakat

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 2, Pages 218-238
DOI: 10.37651/aujlps.2013.78224

Dissolution of the foreign arbitration decision is to cancel this decision by the court, who considers the dissolution request if it Finds a reason among reasons set forth in article 13 of the Jordanian Arbitration law No. 31of 2001, and here it could be argued that the Jordanian Legislator was not successful in the use of the term " termination " because it could lead to mixing with the intended meaning in the Laws or due Process in Civil law in the sense that what the meaning is, therefore entirely uniformed, and it was better to use the cancel of the decision arbitration instead of annulment of the award.
The Jordanian Arbitration law has identified in its article 14 the Specialized Court Specific and quality in considering the request annulment as the court competence is already considered the dispute referred to arbitration in the absence of an arbitration agreement. Then the standard in fixing the Specialized Court Specific and quality is the difference referred to arbitration. If within the Jurisdiction of the Magisterial Court, then it’s the Magisterial Court who specialized in the request annulment, and if within Jurisdiction of the Count of First Instance it’s the Court of First Instance is specialized in the request for annulment.
The arbitration decision, does not mean to allow the court to adjudicate the dispute, since its role is only to dissolute the arbitration decision or reject it, and the court got hand's off over the dispute and its role is over, and therefore it does not stay in front of within the two dissolution parties and no longer possible to appeal against the decision annulment. They can follow the following solutions:
First, the new arbitration agreement Second, the use of the Judiciary to settle their dispute

Media abide by the contract and its application to electronic contracts - Scope and guarantees consumer e -

hadjari mohamed

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 2, Pages 239-268
DOI: 10.37651/aujlps.2013.78230

یجب تنفیذ العقد طبقا لما اشتمل علیه وبحسن نیة، وهذا المقال یهدف لدراسة وتحلیل الالتزام قبل التعاقدی، وتحدیدا فی العقود الإلکترونیة. وما دام الهدف من هذا الالتزام الذی یقوم على أساس العدالة هو حمایة المستهلک لذلک جاءت هذه الدراسة المقارنة فی ضوء التوجیهات الأوربیة لحمایة المستهلک فی العقود عن بعد، لتحقیق حمایة قانونیة للمستهلک الإلکترونی تنفیذا لحسن النیة وروح التعاون فی العقود الالکترونیة.

The future of the Iraqi state (Between federalism and division)

Mohammed Doham Kurde

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 2, Pages 269-304
DOI: 10.37651/aujlps.2013.78231

Knew Iraq since the founding of the modern state in 1921, the State Statistics, which lasted nearly eight decades, the political system followed monarchy until 1958, and the Republican political system until 2003, characterized by the unity of the manifestations of the internal and external sovereignty.
Realistically, we agree there is a state collapsed and disappeared landmarks U.S. occupation of Iraq in 2003, and turned into a state vehicle features not clear how the text of the Constitution of the Republic of Iraq in 2005, not only in terms of form and content
On the basis of this remains the future shape of the Iraqi state swinging between the three options and each is justified, first my optimism raises the option of the State Statistics, and the second pessimism raises the option of partition, and the third harmonic balance between the two options ex by asking the federal to ward off the risk of partition, and keep every option of these options is subject to the will of the Iraqis and the nature of the internal and external variables that affect the future of the Iraqi state.

The Role of United Nations in codifying of International Law Rules

Laythaldin salah habeeb

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 2, Pages 305-338
DOI: 10.37651/aujlps.2013.78232

The Role of United Nations in codifying of International Law Rules

The research process definition codify the rules of international law and the extent of its importance in the development of the international organization, and study the good offices that have been made to achieve this process and its evolution through history. It also sheds light on the big role done by the United Nations in this area, and shows activity devices of this organization and its committees and played as president to achieve this role, particularly the efforts of the international law and achievements many still continue its endeavors in studies and legal research for the development of international law and codify rules. Because codifying the rules of international law today become necessary modern and subject occupies the attention of scholars and researchers of international law, we decided to go into it trying to reach into the most important conclusions and suggestions that may contribute in this field.

The tax treatment of foreign investment in Iraq in the light of the provisions of the Iraqi Investment Law No. (13) for the year 2006

Mutz Ali Sbar

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 2, Pages 339-362
DOI: 10.37651/aujlps.2013.78233

Initially, it necessary to say that the true position of Iraq economic is suffering many obstacles and problems due to the weakness of government policy , as well as of suffering from the corruption, Iraqi legislator seeks at this stage through the legislation to the investment law No .13 of 2006 to create an attractive environment for capital particularly foreign m in cl -uding the promise of benefits, incentives and gurarntess,it including tax exemptions which grant for projects funded through the flow of foreign caprtal into the Iraqi economy . And the consequent activation of the reality of the Iraqi economy absorbs part of unemployment, because the tax have a dual role positive or negative, and can be as a tool for fiscal policy . So Iraqi legislature tries to empoly these tools in positive way through reassure the foreign investor with a grant tax exemptions of up to more than ten years, as well as other concessions contained in the investment law .

Legal protection of undisclosed information A comparative study in the light of the laws and intellectual property rights conventions The provisions of the Civil Code

Riad Ahmed Abdul Ghafoor

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 2, Pages 363-409
DOI: 10.37651/aujlps.2013.78234

Occupies (undisclosed information) an important place among the topics of industrial property, and has become one of the most prominent elements of the moral of industrial companies and commercial, as granted by the competitive advantage and business reputation against other companies competition, and increasingly important at the international level in the technology transfer process, preferring a lot of actors producing technology secret and take advantage of the protection of the laws and agreements to protect industrial rights. property
We are trying in this research study legal protection of information is disclosed, guided by the legal systems of maturity legislative Multi-level laws and international conventions, to meet the shortfall in Iraqi legislation in organizing this subject, according to the plan included axes presidents, we dealt with in the first definition of the information is disclosed them, and we have dedicated the second to examine the elements of protecting this information, then the conclusion included the main findings and recommendations.

The determation of concept of Joint stock company promoter

Farooq Ibraheem Jasim

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 2, Pages 410-445
DOI: 10.37651/aujlps.2013.78235

The Formation of Joint stock Company require From his promoters to do many action to complete the Formation of this company this aim require to share many persons to performance this action so we must dusting between who do this action as promoter or not.
There are Two concepts arise to define the promoter first describe this person that who signed the memorandum of company .
Second concept describe as person as who take the initiation to formation the company .

Civil liability in contract services consulting offices (For the public and private sector)

Israa Natq Abdel-Hadi

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 2, Pages 446-476
DOI: 10.37651/aujlps.2013.78392

رغم أهمیة عقد خدمات المکاتب الاستشاریة وما یتمتع به من خصوصیات إلا أنه لم یحظ بالقدر الکافی فی الدراسة القانونیة ، ولعدم کفایة نصوص القانون المدنی العراقی النافذ لتحدید مسؤولیة عقد خدمات المکاتب الاستشاریة وجدنا من الضروری البحث فی هذه المسؤولیة على مستوى القطاعین العام والخاص .
حیث قسمنا خطة هذا البحث إلى ثلاثة مباحث نتناول فی المبحث الأول التعریف بعقد خدمات المکاتب الاستشاریة وأطرافه وفی المبحث الثانی نتناول أثار عقد خدمات المکاتب الاستشاریة ، وخصصنا المبحث الثالث لنطاق مسؤولیة المکاتب الاستشاریة ، وختمنا بحثنا بخاتمة تضمنت أهم النتائج التی توصلنا إلیها فی هذا المبحث .

Cultural Globalization and its Negative affects on Arab Homeland

Ahmed Nasiri; Ayad Rasheed Mohammed; Omar AL; Abdullah; أحمد ناصوری أیاد رشید محمد عمر العبدالله

Journal of Anbar University for Law and Political Sciences, 2013, Volume 4, Issue 2, Pages 477-494
DOI: 10.37651/aujlps.2013.78409

Cultural Globalization means the American dominant
of its cultural and values , and impact its above people as
an International sample .
Globalization aims are many , one of them implicated the people from its main Cultural factors. And its Impact factors , and crush its Natural situation Consequently , The society abolished and abstract its cultural civilization, historical homogenous .
The Arab Cultural witness with media and west technology attempts to severing their Cultural upon Arab states especially American Cultural .Never theses , the history of Arab and the west are not compatible in its cultural , and historical Basis .