MIsan Journal of Comparative Legal Studies

Violating children's privacy over the Internet in Iraqi legislation (A comparative study )

2022-09-12T09:18:38+00:00

The right of privacy is one of the rights attached to human beings and one of the
most important and controversial rights among the jurists as it differs from one
community to another and from one period to another. Most of the studies have
dealt with the right of privacy to adults and have kept an blind eye to the
violations of children especially in light of the technological developments that
the world has witnessed and which have dangerous impacts on the lives of
children when they use the Internet and the crimes that they are exposed to
through it. Therefore, legal trends emerged calling for the need to protect children
from these violations and work to enact laws as well as lay down penalties for the
perpetrators of these crimes. However, despite the countries' awareness of the

The arbitrator’s commitment to impartiality and independence and the consequences of breaching it (A comparative study)

2022-09-12T10:11:54+00:00

Since arbitration is a means of settling disputes, thus it is considered an
alternative judiciary in international trade disputes. Like ajudge, an arbitrator
must enjoy impartiality and independence in giving a judgment to end the
disputes away from affections or connections, or being affected by any
relationship that binds the parties to disputes, whether the arbitrator is chosen or
they do not intervene in choosing. Further, the effect of the condition of
impartiality and independence is not necessary in strengthening the bonds of
mutual trust between the arbitrator and the parties of the dispute during the
course of the arbitration case, and so that the arbitrator avoids the possibility of
requesting his dismissal for lack of impartiality and independence. The impact of

Constitutional and legal protection of the right to peaceful demonstration in Iraq (a comparative study)

2022-09-20T05:29:50+00:00

Peaceful protest is a means of expressing freedom of opinion guaranteed
by constitutions and domestic and international laws, as well as international
conventions that have explicitly declared the right to peaceful protest; in
fulfillment of the legitimate demands of individuals on the condition of preserving
public order and morals inside the country, and this is stipulated in the effective
constitution of the Republic of Iraq of 2005; Article (38) which stipulates that
“the state shall guarantee in a manner that does not violate public order and
الؼراق
جامؼح مٍسان – كلٍح الماوىن
مجلح مٍسان للدراساخ الماوىوٍحالمماروح
ISSN-2521-4675
77
morals: ... Third: freedom of assembly and peaceful demonstration, and it shall
be organized by law.” This means that the legislator explicitly and clearly
confesses of the freedom of peaceful protest, contrary to what was mentioned in
previous Iraqi constitutions. However, the defect in that text is reflected in the
legislative deficiency which is represented by the failure to legislate that law
which organizes the practice of the freedom of protest until now
Based on what mentioned above, the research deals with the attitude of
the Iraqi constitutions, whether they are enforceable or canceled, and discusses
the weaknesses and strengths in each of the Iraqi constitutions related to the
practice of that freedom. This is due to the fact that since the end of the year
2013, Iraq has witnessed many demonstrations and sit-in, the most recent of
which was the October 2019 demonstrations, which demand - in their entirety -
reform, combating corruption, providing job opportunities, and improving the
quality of services. As a result of those demonstrations, many protesters were
killed and injured, and that prompted the demonstrators’ demands to the
resignation of the government

The role of the public administration in achieving the goals of criminal sanctions (A comparative study)

2022-09-20T05:40:15+00:00

The public administration has a role in achieving the goals of criminal sanctions represented by
achieving those goals inside and outside the correctional institution, since the implementation
of penalties is an important matter for society and inmates, as it contributes to their reform,
rehabilitation, and thus they will leave the correctional institution normal who do not return to
committing crimes again. Consequently, the public administration must provide suitable places
for its inmates, as the implementation of criminal sanctions within the correctional institution is
represented by the administration carrying out a number of punitive procedures and activities
for the sake of reforming and rehabilitating them

The legal system for an employee's duty to guard his public behavior Comparative study

2022-09-20T05:49:57+00:00

The employee is the state's tool in carrying out public tasks and duties. It
is the mainstay of the administration and its means in administrative reform,
which is the main starting point for political, financial and social reforms, that
the public authorities can implement, as through work implementation and the
provision of public services to all people without favoritism or discrimination
on the basis of sect, color, gender, race, or religion, Therefore, it is
necessary to guarantee the duty of the employee to watch his/her public
behavior in carrying out his/her tasks and job duties away from political
considerations and partisan affiliations, since job is a public service that
needs values, ideals and virtues, and hence the duty of reservation is
essential in the public office

The role of arbitration in the field of administrative contracts in Iraq

2022-09-20T06:25:16+00:00

Judiciary is the primary means of settling disputes that arise between
individuals and establishing justice between members of society.
However, due to long duration, the accumulation of cases at the courts,
and the slow pace of procedures, all of this prompted the search for
another way to resolve those disputes at the least possible time so that the
legal centers can stabilize between the disputants. Hence, comes the role
of the arbitration system as an ideal and easy way to resolve such
disputes, which is an exception from the original, which is judiciary,
which has the responsibility to settling contract disputes ,(in Iraq, the
ordinary judiciary deals with this). Therefore, arbitration has become a
necessary requirement in developing countries that are looking to
strengthen their national economy, especially if its national capital is
unable to meet their basic needs. However, this raised the ire of judiciary
in comparative countries that refused to resort to arbitration in
administrative contracts under the pretext that this affects the sovereignty
of the state, requiring some conditions and excluding some contracts, as
in France and Egypt. In Iraq, the legislator allowed resorting to
arbitration in disputes, regardless of the nature of the contract. This was
mentioned in special articles and under the supervision of the ordinary
judiciary. Accordingly, and in response to the economic conditions in the
country and what is required to encourage investment as well as attract
foreign companies and funds in order to strengthen the economy, absorb
unemployment, and employ the hands, the Iraqi legislator issued the
Investment Law No. 13 of 2006, indicating the possibility of the
conflicting parties to resort to internal and international arbitration,
especially since international companies fear the internal judiciary on the
one hand, and the protection of their capital on the other hand.

The Law to be Applied to Fault Liability for Biological Damage Prepared by

2022-09-20T06:38:14+00:00

Biological damage is the problem of the modern age and a common danger
threatening the existence of the world, both states and individuals, because of the
use of modern technology and the industrial development, which depleted and
contaminated natural resources so much that such damage has become a threat to
the life of humans and a danger that may cause the extinction of many living
beings. Civil fault liability plays a key role in prevention biological damage by
imposing it on anyone exceeding the limits of using the rights granted to him and
violates legislature orders. This means that individuals right to live in a society is
restrained by the obligation of not contaminating the environment with smokes,
lethal gases, and toxic materials, as well as genetically-modified creatures, which
may negatively impact biological diversity.
Given that biological damage is a cross-border one, liability for biological
damage raises a problem related to the extent of determining the law to be
العزاق
جامعت مٍسان – كلٍت المانون
مجلت مٍسان للذراساث المانونٍتالممارنت
ISSN-2521-4675
132
applied, as the time, location, or the causing act may delay or be difficult to
identify.
In order to identify the law to be applied to such liability, this paper is divided
into two sections. Section one examines the traditional trends in identifying the
law to be applied to liability, while section two shows the modern trends in in
identifying the law to be applied to liability.
Key words: conflict of laws, liability, biological damage, biological diversity

A Mother's Crime to Her Newborn Child in the Iraqi penal Code and other countries. (comparative study)

2022-09-20T06:46:19+00:00

The penalty for premeditated murder in the Iraqi Penal Code is death or life
imprisonment. The legislator went further than that through the provision (D) of
the Article (406), which states (Capital punishment shall be imposed on anyone
who intentionally kills a soul in one of the following cases) (d / If the murdered is
one of the killer's descents ); we see in this article that the legislator has
emphasized the punishment and considers it an aggravating circumstance when
committing the crime of murder, while we find that there is an explicit legal
article that excludes the mother from the punishment for premeditated murder,
which is the Article (407) that refers to (punishing with imprisonment for a period
not exceeding ten years or imprisonment for a period of no less than one year
انؼزاق
جايؼح يٛظاٌ – كهٛح انمإٌَ
يجهح يٛظاٌ نهذراطاخ انمإََٛحانًمارَح
ISSN-2521-4675
562
for the mother who kills her newborn child out of shame if she was pregnant
with an incest child).
So the legislator gave the mother a legal mitigating excuse and determined
the crime of killing her newborn child to avoid shame in clear terms through the
provision of the Article (407). So, he/she did not prevent her from fully criminal
responsibility whereas the penal laws of many countries have indicated that the
killing of a mother to her newborn child is a crime and set their own legal terms
as they disagreed with certain details and reasons such as (Jordan, Switzerland,
France, Lebanon, Syria, Morocco, and Iran).
There was also another opinion by the Islamic jurisprudence in this case, as it
sometimes gave the right to the father to kill the child and at other times it gave
the right to the mother, and the third opinion included the two to kill the
newborn. Here the penal laws also have different stances regarding different law
sources. Some of them take jurisprudence and Islamic law as the main source,
and others rely on situational sources

Setting the electronic editings in the light of the rules of proofing legal acts under the Iraqi legislation (comparative study)

2022-09-20T06:57:12+00:00

في هذه الدراسة ، حاولنا تسليط الضوء على حالة المستندات الإلكترونية في
في ضوء قواعد إثبات الأعمال القانونية. وتبين ان وجهة نظر المشرع
تم تغييره إلى دليل مكتوب من المفهوم التقليدي إلى المفهوم الواسع
اولا: اشتمال الدليل الالكتروني على الرغبة في تطوير المجال القانوني في ضوءه
التطور التكنولوجي الذي كان له تأثير كبير في مجال
الأدلة ، حيث دفعت الدول المعنية إلى تقديم حجج لإثبات ذلك
المستند الإلكتروني ، ووضعه في مكان واحد مع المستند التقليدي ،
لذلك أدت هذه السياسة التشريعية إلى تطور متميز ل
الوصول إلى المجال الإلكتروني ومواكبة مستجدات التجارة الإلكترونية ، فهو حقل خصب لاستخدام هذه التقنية ، أكثر من كونها قانونية
الأفعال

Protected interest in mass grave crimes (comparative study)

2022-09-20T07:06:37+00:00

The basic interest that the legislator must protect and through which the stability
and continuity of society is achieved is not to attack others, whether they are alive
and dead and because crimes are a violation of the legal rules that the law
criminalizes and are the essence and content of these legal rules, we find that the
Iraqi legislator as he legislates a specific legislation, it takes into account the
interest which is represented by the satisfaction of a specific need of human
needs, which is represented here by the right to live, and not violingat of what is
protected from these interests. It is clear that the main justification for the
intervention of the legislator to issue legal legislation is the existence of a minimum
level of interest, and on the contrary in the case of absence of interest, then the
legal justification for the issuance of the legal legislation is absent. Within the
scope of criminal legislation, when the law gives protection to a specific interest,
العراق
جاهعة هيساى – كلية القانىى
هجلة هيساى للدراسات القانىنيةالوقارنة
ISSN-2521-4675
993
then this interest turns into a legal interest and violating it constitutes a crime as in
the crime of murder or injury, and an assault on certain rights that are to be
determined by the legislator, when the legislator wants to criminalize murder,
he/she bestows protection on the interest of the right to live.
The scope of the protected interest in the crimes of mass graves is the acts that
achieve these crimes which violate the interest worthy of protection, which is here
represented by the crimes that occur at mass graves.So, the aim of this study is to
know the nature of the interest that protects against committing crimes on these
graves, and to clarify the legislation which criminalize such acts affecting the life
and stability of society, as well as to protect evidence from which it is possible to
infer the identity of the victims, and the study is divided into two sections

Trump Declaration on Jerusalem in View of Public International Law

2022-09-20T07:13:03+00:00

The research deals with President Donald Trump's declaration on Jerusalem in
a speech delivered on Wednesday evening, December 6, 2017,in which he
announced Jerusalem as the capital of Israel. It is in a historic and dangerous
decision that turns a period of decades of American policy that could lead to a
new wave of violence in the Middle East. This decision reflects a "new approach"
to the Arab-Israeli conflict. Trump thus has taken a decision that all US
presidents have postponed since 1995, emphasizing that he only fulfills a
promise that his predecessors "failed" to fulfill. The study deals with this decision
in terms of its legality and its consistency with the rules of international law and
United Nations resolutions, in an attempt to raise the issue for objective
discussion. The research is divided into two sections:
The first section: Jerusalem in the international law
انؼراق
جامؼت ميسان – كهيت انقاوىن
مجهت ميسان نهذراساث انقاوىويتانمقاروت
ISSN-2521-4675
653
The second section: the legitimacy of Trump's declaration on Jerusalem
The research concluded that the decision violates the rules of international law
and resolutions of international legitimacy, as well as the Oslo Accords between
the Palestinian and Israeli parties under American auspices, and constitutes a
threat to a just, comprehensive and lasting solution to the Palestinian case

Protecting civil and cultural objects under the provisions of the international humanitarian law (A comparative study)

2022-09-20T07:23:40+00:00

The protection of civilian and cultural objects and the refusal to direct attacks
against them is a pillar in international law to protect them and provide the
necessary protection to groups who are not directly involved in the fighting or are
unable to participate. Accordingly, international humanitarian law is described as
the law of armed conflict, meaning that it is applied in time of war, whether the
conflict is international or Not international. States and individuals are obligated to
apply the rules brought forth by international humanitarian law, as they are of a
mandatory nature, and international humanitarian law has prohibited indiscriminate
attacks, prohibits acts of coercion, torture and collective punishment, and prohibits
retaliation, hostage-taking and population deportation, and because humanitarian
law protects the civilian population in general, it is considered the best method To
provide protection to victims of conflict