Volume 10, Issue 1, Winter 2020

Enhancing the position of women in the Algerian family law


Journal of Anbar University for Law and Political Sciences, 2020, Volume 10, Issue 1, Pages 1-20
DOI: 10.37651/aujlps.2022.171566

By amending the family law, the Algerian legislator has endeavored to achieve greater equality between theEpouses , by rebalancing the rights and duties between them in line with what is stipulated in the constitution and what is requrid by our international obligations and cultural values, all of this in order to upgrade the legal status of women in the society. What are the ways that the Algerian legeslator followed ? what are the addional rights granted by the legislator to the wife ? Did the legislator succeed in achieving this result ?This is what i will try to answer in this study by monitoring developments in the field of personal status in Algeria. I will discuss the most prominent aspects related to women’s rights in the Algerian family law from the beginning of the marriage relayionship and its financial and non-financial effects through to the wife’s right to end the mariage by divorce .

Evaluating the rules of Companies management in the Iraqi Companies Law No. 21 of 1997

Dr.Akram.M. Hussein

Journal of Anbar University for Law and Political Sciences, 2020, Volume 10, Issue 1, Pages 21-71
DOI: 10.37651/aujlps.2022.171567

The company as economic enterprise aims to get profit. It must have a set of factors to achieve this goal, and in the forefront of having an experienced and efficient management. Foremost among them is having an experienced and efficient management, performs its functions in accordance with the powers conferred upon it.Different laws have focused on management of the company rules. They have developed a set of legal rules, to ensure proper management of the company and It protects its rights and partners alike.The Iraqi Companies Law has been concerned with the development of legal rules governing the management of the company in the section IV of it. Our research aims to evaluate these rules, to identifying deficiencies of it, and determination of the requirements for their development.

(Criminal responsibility for the illegal inflation of financial disclosure in Iraqi legislation)

Assistant professor Dr.Ismael Neama Aboud

Journal of Anbar University for Law and Political Sciences, 2020, Volume 10, Issue 1, Pages 72-137
DOI: 10.37651/aujlps.2022.171570

Financial disclosure inflation means the marked increase in money, which is of two types, a legitimate inflation obtained from legitimate sources, such as salaries, legal business or inheritance, etc., and the other type, which is the subject of this research, and is obtained from corruption crimes within the framework of public employment, It may be in the form of an advertiser and another an undeclared. . The issue of illicit inflation of financial disclosure raises many problems, including legislative treatment, and how to prove that inflation, and the people charged with disclosing their financial liability, as the Law of the Integrity and Unlawful Gain Authority excluded No.30 of 2019 groups of relatives of the taxpayer from disclosing their financial liability, such as parents or brothers, in addition to many legal problems.

The effectiveness of tax mechanisms in localizing investment / a comparative study

Researcher Ziyad. M. Mukhlif; Assistant Professor Mutz. A. Sabbar

Journal of Anbar University for Law and Political Sciences, 2020, Volume 10, Issue 1, Pages 138-185
DOI: 10.37651/aujlps.2022.171575

There is no doubt that the tax treatment has an impact on investment, which is to attract foreign projects to work in the host countries in the event of persistent economic, social and security factors, or alienate them from resorting to investment in these countries in the absence of any of these factors, and we sought in this study to Explain the extent to which the tax treatment can reach in attracting foreign projects to work in the investment environment of the host countries, through some forms of treatment within the limits of this study, whether it is a tax rate or tax exemption (tax leave), as well as the use of an accelerated depreciation system for fixed assets and water The losses of these projects are transmitted to the following years, regardless of the number of years to which the losses will be transferred, and this study has reached within the framework of the comparison countries, namely, Iraq, Egypt and the United States of America that the legislator must balance between granting these incentives and the revenues that can be The state treasury inspects it because of these incentives, along with the stability of the rest of the other factors, as granting more incentives and encouragements to foreign projects in light of economic, social and security instability does not lead to attracting the foreign project to work in the host country, but rather leads to more waste of any Births the general budget from taxes like that is happening in Iraq, which is the economy of rentier economies dependent on the resources of oil revenues, making it vulnerable to economic fluctuations.

The Reconciliation as alternative mean for solving customs disputes(comparison study)

Muhammad Subhi Rashid; Professor. Assistant Dr. Abbas Mufarrej Al-Fahal

Journal of Anbar University for Law and Political Sciences, 2020, Volume 10, Issue 1, Pages 186-229
DOI: 10.37651/aujlps.2022.171581

Our study presents the subject of reconciliation as an alternative means of settling customs disputes. In order to arrive at a complete and clear picture of peace as a means of ending customs disputes, the legal system of customs reconciliation must be determined. The majority of countries have resorted to reconciliation to settle the customs disputes for the urgent need that resulted from the suffering of these countries in the pursuit of economic crimes. Therefore, the importance of reconciliation as a means of ending the customs disputes is characterized by the speed and flexibility of ending these conflicts and creating a balance between the interests of the state and the violators.In this study, we will discuss the concept of conciliation and the conditions and controls that must be met in order to produce reconciliation at the end of the customs disputes and to find out the texts that included how the settlement will be analyzed and compared with other legislation

Civil Administration of the Military Authority In the democratic constitutions and the 2005 Iraqi constitution

M. Muhammad Jabbar Talib

Journal of Anbar University for Law and Political Sciences, 2020, Volume 10, Issue 1, Pages 291-313
DOI: 10.37651/aujlps.2022.171582

The protection from the threat of foreign constitute a target priorities for civil society , but the existence of a standing army is also dangerous , although it is necessary at the same time, democratic countries take caution to minimize this risk , and the signs of this caution has been incorporated in the constitutions to remove all pretext for a military establishment may be dangerous, The crystallization of this matter during the install and include a constitutional principle is the principle of the Civil Administration, the military authority .If there was of the opinion that military rule in ways that military chairpersons rule because they have the mentality and culture of the military , the civilians who come through the legislative elections generally can not in any way justify resorting to violence and to military laws and emergency laws , which remain at risk refer to it existed , it was assign the administration of this institution , however, the military heads of state or prime minister in addition to the control and functions of the legislative branch .This principle is taken by many of the countries that wanted freedom from the authority of the military and the ongoing attempts to overthrow the civilian authority or legitimacy , including the United States , Switzerland, Egypt and Iraq after the 2005 constitution .

The law applicable to L / C

Dr.atyah Suleiman khaleefa

Journal of Anbar University for Law and Political Sciences, 2020, Volume 10, Issue 1, Pages 314-350
DOI: 10.37651/aujlps.2022.171583

The study shed light on the most important means by which cash payments to the seller of goods through the intermediary is represented by the bank source of credit at the request of the order to open the credit, and the study addressed the problem of law applicable when the elements of legal relationship are distributed in more than one country, where the contract of credit The study showed the privacy of the documentary credit contract and its impact on the applicable law, as it is one of the contracts that affect the economy of the state because of its impact on monetary policy within the state. Applicable to the letter of credit documents, and the status of attribution rule relating to tort liability in the field of documentary credit in some of the assumptions I've applied the study. On this basis, the research was divided into three sections, the first dealt with what is the accreditation contract and its support officer, the second dealt with the legal nature of the documentary credit contract, and the third dealt with the law applicable to the documentary credit contract.The study was concluded with a conclusion containing the most important findings and recommendations we have reached.

Conflicts of interest in companies

Dr. Ali Ghanim Ayoob

Journal of Anbar University for Law and Political Sciences, 2020, Volume 10, Issue 1, Pages 351-397
DOI: 10.37651/aujlps.2022.171584

The protection of the rights of the company and the care of its interests is mainly related to the keenness and concern of its managers to achieve its primary goal of making profit. Such as the employment of contracts concluded in the name of the company to achieve personal benefits and the exploitation of the company's resources and other situations that lead to conflicts of interest, and given the seriousness of the effects of the conflict of interest we find the legislator's interest in the development of controls that ensure the reduction of conflicts of interest in the management of a decoy Contributing and providing legal means to address its negative effects in order to protect the rights of the company and the interests of its shareholders .

The employee's illness and its effect on ending the functional link A comparative study

anfal esaam ali

Journal of Anbar University for Law and Political Sciences, 2020, Volume 10, Issue 1, Pages 398-437
DOI: 10.37651/aujlps.2022.171586

The good health condition of the employee is one of the factors which affect improving the workperformance quality and increasing the productivity of the administrative institution. The health condition here is not limited to the physical health, but also includes thepsycological health. The disease can be a "deterrent" that affects the employee after obtaining the legal position and during his work preventing him from continuing holding such office temporarily or permanently. The employee may have various diseases and some of them may be symptomatic in which he recovers within a short time to resume his work. Some other diseases may require a longer period for recovery. With other diseases, the employee may not be able to continue working due to his inability to perform the tasks and duties assigned to him. Consequently, this leads to the termination of his work service and its expiry end, whether by resignation or referral to retirement, as the case may require.In this research, we conclude a set of results and recommendations and the most important is that the legal system for sickness leaves in Iraq needs to be reconsidered, especially in the light of the current health conditions and environmental changes; as well as the absence of a legal system for health insurance for employees, which requires the necessity of creating other types of leaves according to the health and humanitarian conditions and changes and that support the public health system in our country, such as the healthquarantineleave, the sick accompaniment leave in addition to the legislation of a law which provides the health insurance requirements for the employee.

The future of China's standing in the international system

Ahmed Abdulameer Alanbary

Journal of Anbar University for Law and Political Sciences, 2020, Volume 10, Issue 1, Pages 438-468
DOI: 10.37651/aujlps.2022.171587

The major and great powers contribute to from the international activities in various ways, consequently they affect the international system. The degree of their influence is determined by many factors on top of that is the economic factor besides the powerful factors. China is one of the major and powerful states in the international system especially in field of economy. The economy of China comes in the second stage after the economy of United States of America. Statistics show that China will be the first economic power in the next two decades while United States of America moves to the second place because China to improve its international place in the world, we also have to focus on studying the reflection of this international place on the form of the international relations among countries and how can change the balance among the international power.

The future of the Turkish vision for energy security

Assistant Professor Dr. Muhammad Dahham Kurdi

Journal of Anbar University for Law and Political Sciences, 2020, Volume 10, Issue 1, Pages 469-502
DOI: 10.37651/aujlps.2022.171605

With Turkey's celebration of the centenary of the founding of the Turkish Republic and its declaration of independence close to the Lausanne Agreement in 2023, it seeks to formulate a future vision that seeks to secure energy sources, especially the liquid gas sector, and after realizing the close link between the energy that is the backbone of development today and its political and diplomatic behavior in securing So, she tries to pursue an independent policy through which she intends to use the energy component that she does not have as a strength element depending on the location she owns. This study attempts to focus on the Turkish vision of energy security and the most important intellectual premises with a focus on the foundations on which it depends and the most important challenges imposed by the practical reality, while giving Turkey an opportunity to adopt a method of reducing dependence and diversity in order to reap the benefits achieved from the vision internally and externally

The regional environment in Iran's strategic awareness and its relationship to the force standard

Dr. Ahmed Mishaan AL_Nagm

Journal of Anbar University for Law and Political Sciences, 2020, Volume 10, Issue 1, Pages 503-539
DOI: 10.37651/aujlps.2022.171606

The strategic awareness of Iran's decision-makers regarding the surrounding environment, international and regional, stems from several variables and interacting, harmonious and consistent elements that affect each other and are all affected with the surrounding environment, according to a specific model of movement and external behavior seeking to achieve Iranian national goals and interests, and from Then there must be obstacles and obstacles that may constitute barriers to achieving these goals and interests, which requires finding the necessary ingredients and building and developing the capabilities that are physically present and underlying and the ability to employ them and convert them into realistic outputs that achieve those For the goals and interests, and that is represented by the actual strengths that Iran has in its various forms, whether soft, hard or smart, in a manner that is compatible with the decision makers ’awareness of these capabilities and their awareness of the environment surrounding Iran in order to draw up a regional strategy with valuable goals that support Iran’s position as a rising regional actor within the framework of the system. International and contemporary international political order.

Israel's Policy toward Iran After the Nuclear Deal

Dr.Dhifaf kamil khadhem

Journal of Anbar University for Law and Political Sciences, 2020, Volume 10, Issue 1, Pages 540-572
DOI: 10.37651/aujlps.2022.171607

Israel sought to prevent Iran from possessing nuclear capabilities, and it stood against contracting any nuclear agreement with it because of its lack of goodwill first and to preserve its uniqueness in acquiring nuclear weapons in the Middle East region. Secondly, after reaching the nuclear agreement between Iran and the "Five + 1" group, Israel tried to adapt to The fait accompli and adopting a confrontational policy represented in carrying out a military strike against the infrastructure of nuclear installations and the difficulty of taking such a step first, the American refusal and the support of the international community for a diplomatic solution. Secondly, it tended to adopt a policy of non-military confrontation that was hampering the Iranian nuclear program and besieging Iran regionally, and establishing an international coalition It stands against its nuclear program, undermining its international reputation, encouraging Iran-allied countries to boycott it, stopping its nuclear assistance, penetrating its nuclear system by chasing and liquidating scientists, and disrupting electronic computers designated for that system, the last of which is urging the United States of America to withdraw from the agreement and impose strict economic spontaneously on it.

The American strategy in dealing with Kurdistan region since 2014

Dr. Mustafa Ibrahim Salman

Journal of Anbar University for Law and Political Sciences, 2020, Volume 10, Issue 1, Pages 573-614
DOI: 10.37651/aujlps.2022.171608

The American dealing with the Kurdish issue in Iraq has gone through several stages starting from the formation of the Iraqi state since the British mandate until now. Each stage was marked by a set of political developments that defined the American position on the Kurdish issue keeping in mind that this position was not limited to political developments in the Iraqi interior. It did only take into consideration the regional dimension but also the ethnic and geographical overlap of the Kurds with Iran, Turkey and Syria.Since the year 2003, the American administrations found themselves in front of the need to deal with the Kurdistan Regional Government in Iraq after it became an important pillar of the internal political process, and after the regional government imposed itself in the regional equation, as it gained international support for its demands. At the same time, it strengthened itself by the Kurdish movements in Iran, Turkey and Syria and the role of some of them in combating terrorism.

Ethnic conflict and the problem of building social security in Arab countries: Iraq and Sudan as a model

Dr. Mouna Touahria

Journal of Anbar University for Law and Political Sciences, 2020, Volume 10, Issue 1, Pages 615-654
DOI: 10.37651/aujlps.2022.171610

The study of social security in the Arab countries and what threatens them from ethnic conflicts and conflicts pushes us mainly to search for the origins and causes of these conflicts, especially if we know that the Arab world has distinguished for decades peace and coexistence of its various sects and denominations, which made it an ethnic, religious and even cultural mosaic, which was a title For its cohesion in various chapters of history, however, with the development of societies and the emergence of a trend of belonging and loyalty in the interest of these groups, the Arab world, especially in both Iraq and Sudan, was exposed to many forms of ethnic conflicts that expressed their primary loyalties and demanded recognition of their identity.The most important point raised when talking about ethnic conflict is its link to the issue of national unity and the stability of societies, as these conflicts have threatened community security in Iraq and Sudan, including their political stability, especially since there have been trends and speeches calling for division and spreading discord among the people of one country, by stirring up ethnic exploits exploiting In that instability that these countries know, and in that it calls for disintegration and the resulting threat to the foundations of the Iraqi and Sudanese societal system, whose foundations are based on the grouping of heterogeneous peoples nationally.

Determinants of the Turkish role in Libya and its international repercussions

Arkan Ibraheem Adwan; Mustafa Jaber fayadh

Journal of Anbar University for Law and Political Sciences, 2020, Volume 10, Issue 1, Pages 655-692
DOI: 10.37651/aujlps.2022.171611

The research dealt with the most important factors that led to the growing Turkish role in Libya, and its regional and international repercussions. Its includes economic, strategic and political factors, as the main reasons for Turkish intervention. And the most important repercussions, Whether it is in relation to the political situation in Libya, or countries that interested in the Libyan crisis in general. Because the Turkish intervention in Libya has caused many reactions inside and outside Libya, and has had a great impact on the power balances inside Libya, by strengthening the position of the legitimate Al-Wefaq government, and supporting it in the face of the internationally-backed (Khalifa Hifter) forces, which seeks to overthrow it. And impose Turkey as a major party with regard to the Libyan crisis, and its future

The National Pact and The Conflict over the Kurdish areas in Ottoman Empire after World War-I - Political, Historical & Analytical Study

Dr. Dilshad Mahmoud Saleh Babla

Journal of Anbar University for Law and Political Sciences, 2020, Volume 10, Issue 1, Pages 693-742
DOI: 10.37651/aujlps.2022.171612

The Ottoman Empire was forced to hold the truce of Mondros on 10/30/1918 after losing the war with the Allied countries, but the truce did not deter these countries from the occupation of the Ottoman lands, including the Kurdish areas south and southeast, which sparked the national movement that started organizing the Erzurum conferences Sivas in July and September 1919 and laying down the general framework of the National Charter, which was approved at the last session of the Ottoman Envoys Council on 17/2/1920, the first article of it stipulated that all the regions that remained under actual Ottoman rule until the truce of Mondros was held are an integral part of the Ottoman lands. This is how the Kurdish regions became The subject of the conflict between the victorious countries in the war and the Ottoman Empire, as well as some local parties, such as the Armenians, Christians, Kurds and Arabs, and this conflict intensified with the signing of the Istanbul government of the Sevres Treaty on 10/8/1920 and the opposition of the Ankara government to it, until the matter was decided to divide these areas by both Iraq, Syria and Turkey, a newly formed country. The aim of the study is to demonstrate how the national movement adopted the national pact and the conditions that led to the Turkish-Kurdish understanding, according to it, as well as to identify the parties to the conflict over the Kurdish regions and the final status of these areas according to the attractiveness of these parties, and we adopted the historical analytical approach, in addition to the descriptive approach in studying The topic and we reached several results, the most important of which is that the majority of the Kurds worked within the ranks of the Ottoman Turkish national movement to resist the Armenians and their ambitions in the Kurdish regions. The Kurds also supported the national movement and the National Charter and participated in forming the government in Ankara in 1920, for these reasons, most of the Kurdish areas remained within the Ottoman borders and then the borders of the Turkish state in 1923, then the national pact that was approved in February 1920 is a document of Kurdish-Turkish understanding and solidarity in order to work together and preserve the unity of the Ottoman lands.