Volume 8, Issue 2, Summer 2018

Constitutional Confrontation to Exploit Labor Influence

Maher Faesal Saleh

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 2, Pages 1-13
DOI: 10.37651/aujlps.2018.172299

Legal legislation in various fields is concerned with confronting any phenomenon that leads to the emergence of corruption or related crimes. Therefore, the exploitation of influence is considered a corruption crime that may be committed by an employee or a public service officer or by any other person.In order to maintain justice in access to public services from different state institutions, we must eliminate any phenomenon that leads to a reduction in the services that the individual receives or may be difficult to obtain because of the exploitation of the influence of some persons in the various state institutions.It is necessary to combat the exploitation of influence, which leads to the loss of citizen confidence in the state and the prevalence of administrative and financial corruption.We will explaهىthe issue through the statement of its concept, and distinguish it from others, as well as the motives of committing it, as well as the provisions of its in terms of its pillars and effects and methods of treatment.

Hybrid wars: A new challenge for international humanitarian Law

Husam Abdul Ameer Khalaf

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 2, Pages 44-67
DOI: 10.37651/aujlps.2018.172301

War is only an extension of politics by other means, where to submit the enemy has become possible without having to cross the border; this is what is happening in our time by hybrid wars, which are based modern means and technologies to achieve political goals in a hybrid and vague way and away from direct collisions. Indeed, this causes ambiguities between the population and the international community and, at the same time, prevents them from responding quickly and effectively, as it is difficult to know who is behind the attack because of the unavailability of the element of accountability.

Consititutional and legal arangement of the referendum under the consititution of the republic of Iraq 2005 and it's applications

Musadaq adel talib

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 2, Pages 68-97
DOI: 10.37651/aujlps.2018.172302

This research deals with the referendum as a manifestation of semi-direct democracy, it reviews the constitutional and legal texts that dealt with the referendum in Iraq, and determines the legal nature of the referendum,and its impact at the federal or Kurdistan legislations. This democratic process in theory and practice by standing on the extent of its applications in Iraq without missing mention to shed light on the position of the constitutional judiciary represented by the Federal Supreme Court of Kurdish referendum that happened on 25 September 2017.

Legal Analysis of the Examples and Date of Challenges in the Creeping Expropriation of Foreign Investors

Mohammad Sadeghi

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 2, Pages 98-112
DOI: 10.37651/aujlps.2018.172303

Today, creating opportunities and competition have a special place in introducing opportunities to attract foreign investors in economic and developmental policies of countries. The most important issue in attracting and retaining foreign investors is to provide legal guarantees to the investor in terms of protecting property and compensation in the assumption of expropriation

Criminal justice of juveniles in the context of crimes of an international character

Mustafa Salim Abed AlBkeet; Nibras Ibrahim Muslim

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 2, Pages 125-146
DOI: 10.37651/aujlps.2018.172305

The international criminal responsibility is one of the most important problems that need to be investigated, especially with respect to acts committed by juvenile which is considered an international crime. While the recruitment of children has been criminalized, international courts have differed on determining the minimum age of criminal responsibility for international crimes committed by juvenile

Technical Assistance Contract

Hazim Akram Sallal; lubna Abd Alhusen Easa

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 2, Pages 161-183
DOI: 10.37651/aujlps.2018.172307

The importance of a Technical Assistance Contract is coming as a means of one of transfer knowledge ways of technology from the party that knows it, to the party that does not know it, So it was considered as one of the most important requirement to develop countries and there subsidiaries projects, by this contract, these countries are able to absorb transferee technology knowledge and adapted according to local environmental conditions.

The sanction for the administration’s breach to its legal obligation of declaring a reason for the disciplinary action

Methaq Qahtan Hamid

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 2, Pages 218-252
DOI: 10.37651/aujlps.2018.172310

This research addresses the breach of the legal obligation to declare written reasons for the disciplinary decisions issued against the public employee. Reasoning the disciplinary decisions is considered a contemporaryguaranteefor disciplinary or disciplined punishment. The administrative judiciaries in the selected countries have taken a position that the disciplinary action should be made even if there are no provisions can be based on. By elaborating the reasons for its disciplinary decisions, the parties will be aware of the basis on which the administration has relied on in its the decisions. the process of reasoning method is considered one of the most important means on which the administrative judge depends on in exercising the power of review over the legitimacy of the disciplinary decision

Cooperation and correspondence between legislativeand and executive powers in light of 2005 constitution in Iraq

Abdul jalil lbrahim sweid

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 2, Pages 253-270
DOI: 10.37651/aujlps.2018.172311

Legislature and Executive authorityhave some specializations restricted under the law, hence , each one of them can not work separately from the other one. There should be co-orporation between the two in order to manage the state affairs in various areas.Knowing that this cooperation must be balanced in order not to dominate anyone of the two over the other. Executive Authority is in touch with reality and have enough experience and proficiency that make it able to deal with any problem may face it in practical life, so , Legislature is in need to it for laws’ legislation in the way that leads to solve the problems in suitable mannar in different areas.

Iraqi - Kuwaiti Borders and their Legitimate Demarcation in accotdance with the International Law Codes

Ibtihal Riyadh Dhbea Al-abdly

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 2, Pages 271-293
DOI: 10.37651/aujlps.2018.172312

Under the supervision of the International Law, the method of settling border-disputes is subject to fixed law. It is ranging from reaching a settlement between the two conflicting countries. The methods of resolving border disputes are limited to two principles: the judicial principle and the political principle. The United Nations Pact has confirmed those principles in its chapter thirty-six, section three.

The Authority of the security council in qualification of positions and international conflicts

Sufyan Lateef Ali

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 2, Pages 294-319
DOI: 10.37651/aujlps.2018.172313

in accordance with Article 24 of the Charter of the United Nations, the organ, The Security Council carries the burden of maintaining international peace and security. It fulfills its duty by exercising one of its powers to adapt international   positions and solve disputes to achieve maintaining international peace and security. This function is listed in Article 39 of the Charter such as (Aggression, threat or breach of peace and security) it is also adopting recommendations or decisions involving the measures contained in Articles 41 and 42 of Chapter VII. In the absence of a particular standard in the Charter that limits the power of the Council to adapt international positions and disputes the Security Council has a broad discretionary power in adapting that positions and disputes in the event of a threat to international peace and security. Because of the vagueness and flexibility of this concept and the absence of a specific definition of the term in the Charter, the Security Council is allowed to use the broad concept when an action has threaten international peace and security. In addition, The Security Council intervenes in situations and conflicts that are considered to be internal issues of States. It adopt double standards when it is dealing international issues, without any supervision - judicial or political - resulting in serious consequences. The most important of these is the deviation of the collective security system. the Council has become threatened to international peace and security instead of maintaining them.

Legal Adaptation of professional Syndicates

Ahmed Safaa Yahya

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 2, Pages 320-331
DOI: 10.37651/aujlps.2018.172316

Craft unions are types of general facilities that have emerged after the second world war in the last century and which dealt with the functions and management of the activity of these facilities on behalf of the state and the trade unions are active in the development of the professions represent and elevate the past level of performance of professional associates in various specialties, this study addressed the administrative decisions issue by the professional associations because of the difference in doctrine and jurisprudence on the legal adjustment of these decisions, this study aims to analyse the reality of trade unions as one of the institutions of civil society and adapted as a public facility and its privileges are derived from common law.