Journal of Juridical and Political Science

Homelessness is one of the phenomena that has spread widely in many societies recently. Despite the progress of societies at various levels, it remains widespread. This phenomenon is universal from which all Western and developing societies suffer but with different ratios, conditions and legal treatments followed in each country and society. This study aims to diagnose this phenomenon as one of the negative social phenomena in the societies by explaining its concept and showing the categories that fall within its description. In this study, the researcher assumes that there are many homeless cases in the country, neglect cases of official and informal institutions, absence of laws that regulate family and community life, and absence of legal and practical treatments to deal with this phenomenon. It is found that there are various effects of homelessness that differ in accordance with their causes whether legal, social, family, environmental, demographic or educational. The study proved the lack of adequate legal protection at the local level in Iraqi society that take on the responsibility of developing serious and effective treatments for this phenomenon as compared to the treatments taken at the international level. The study ends to record the most important results reached at, which proved the existence of a clear legislative failure by the Iraqi legislator in addressing such a phenomenon, and the available treatments are for specific age groups. The position of the law towards homeless persons whose age is over eighteen has not been stated. The study points to the inability of the current institutions to fulfill their primary role for which they were established. This lead to widespread this phenomenon and to easily attract many of these groups to wrong behaviors and to recruit them to destroy society instead of working to contain them, treat them, and reintegrating them into the society as good individuals. Throughout the results of the study, the researcher reached to a set of recommendations to treat this phenomenon including the need to spread social awareness and defining the danger of this phenomenon, reducing and scaling it, developing urgent legislative treatments that go in line with the magnitude of the effects of this phenomenon, and impose deterrent penalties on the exploiters of these groups, with emphasis on activating the basic role of the existing institutions. It also recommends to develop a strategic plan to establish shelters to keep pace with their counterparts in the developed countries, the purpose of which is to shelter, educate and develop the skills, to prepare for the reintegration of these groups into the society.

There is an issue and a problem facing contemporary societies, namely the question of the correspondence between human’s identity and the people’s identity, on the one hand, and the identity of the political system and the state, on the other hand. The reality is that the differences and discrepancies in the identities of any society or state is a relative issue and not absolute and it is variable in time and space. All communities have a degree of national, religious, or political diversity. Some countries have managed to achieve a degree of consistency for their individuals, peoples and political system to ensure maximum political consistency among citizens. Other countries fails to achieve this consistency, so that a growing rift of cracking and schism between the identities of individuals, society and the political system. This has been exacerbated by the repercussions of contemporary civilization and the sense of the individuals that their linked to their societies, political systems and states is either being able to interact with or to be unacceptable for continuing to interact with.

In its general sense, the Penal Code includes a set of acts: (positive or negative), which the legislator considers offenses according to the legislative model of criminalization and punishment. That model includes in some cases criminal protection of non-criminal legal centers which originally belong to legal rules of other branches of law, such as civil, commercial, administrative, constitutional or international law, etc. At the same time, crime is often considered illegal according to another non-criminal law and the opposite is not true, because the legislator does not resort to the use of the criminal tool: (criminalization and punishment). The legislator resorts to the tool only when he finds, according to the standards of his criminal policy it necessary to protect the interests which he considers essential for the survival and stability of a society. Hence, the link between the rules of criminalization and punishment and other rules of law seems natural. This has very important consequences stemming from the subjectivity of each branch of law and its specific objectives, because this function and those goals that require its existence. Self-incrimination and punishment are incompatible with the statement of their independence or subordination to other branches of law. Subjectivity derives from the nature of the role that each branch of law plays within the legal system as a whole in States to regulate life in society. Therefore, the basis and foundation of subjectivity is the nature and importance of the interests protected by the Penal Code, as well as the means and purpose of protecting them. This obviously differs from one law to another as it gives it a subjectivity of a certain type in relation to other branches of law within the legal system. As much as the legislator recognizes the interests, there are many legal rules - and vice versa. Every legal rule protects only one interest. Therefore, the rules of criminalization and punishment do not share the protection of common interests with other branches of law, but protect (the joint centers) vary in its meaning as it is explained - as far as possible - within the scope of this study. It emits different interests, and therefore there is no possibility to imagine the existence of the problem of the duplication of the criminally protected legal protection for each criminalization and punishment rule. This has its significance and legal effects in various aspects, which was represented in the sections of this study.

The current study aims at identifying the concept of political globalization its implications and development. It also aims to show its effect on the strategy of conflict management through an intellectual vision that depends on many approaches including the historical and the descriptive- analytical one. The study includes three sections as well as an introduction and a conclusion. Section one deals with the general vision of the concept of globalization. Section two deals with the concept of political globalization in particular. Whereas section three concentrates on political globalization and the development of the strategy of conflict management through two issues, the first issue deals with the traditional concept of conflict management development causes. The second issue tries to introduce a new vision to the strategy of conflict management.

The preservation of documents is one of the manifestations of the prestige، power and sovereignty of the state as it represents its memory that reflects its successes، influences، failures and activities. Documents whether administrative، security، scientific or historical which belong to the legislative، judicial and executive departments of the state، including documents related to public figures، institutions and organizations which are not affiliated with a ministry are the most important elements of the work of institutions and to the national culture and human history. It is one of the most important components of the political، administrative، security and human memory of the state extending to the deepest roots of its components. In addition، it represents an asset and cultural heritage of the state and society. Therefore، attacking it means the loss of part of those facts، information and realities that concern the state and society and may result in harm to the interests of the state، security and safety. A form of assaulting it is the crime of taking documents out of the country. Therefore، many countries have been keen to criminalize this behavior within their legislation and set a penalty.

The crime of narcotic drugs and psychotropic substances is one of the most serious phenomena that have spread widely in the world in general and in Iraq in particular, especially after 2003. Therefore, legislators in various countries have adopted a strict criminal policy against drug crimes based on the criminalization of the largest number of acts constituting drug crimes. They impose the most severe penalties against perpetrators. Since adapting a successful criminal policy to combat drug crimes will result in adequate protection for individuals, state authorities and society as a whole to achieve community security at all levels, there should be an identification of the gaps in legislation of drug combating that hinder the combating process. Also, the best ways to address these gaps should be identified.

The privileges of the public authority and the function of managing public utilities regularly and continuously require the existence of special conditions within the administrative contracts, the most important of which is the ability of the administration to impose sanctions on the co- contractor without the need for the approval of the judiciary. The decision to impose the sanctions requires a set of formal and objective requirements that are not different from any administrative decision. The decision-maker needs to have special legal rules in order to restrict the authority of the administration and to facilitate judicial control which is supposed to be independent to protect the contractor with the administration, and it must be a specialized undertaking to the administrative judiciary

The study aims at identifying the effect of the wife's work outside and inside the house on the provisions of marital expenditure and independent financial disclosure. The researcher divides this study into two sections; section one presents the work of the wife, its quiddity, legitimacy and regulations. This section deals with the definition of work, the right to work in general as it is a human right, the legitimacy of woman’s work in the conventions, international treaties, Islamic Sharee’ah and the Iraqi constitution. This section also deals with the regulations of woman’s work outside the house and adhering the decencies of getting out of the house that should not interfere with her basic task and commensurate with her nature and ability and that women need to work or the society needs her. Section two entitled the effect of the wife's work on her right of expenditure and independent financial disclosure. This section is divided into two issues; the first one deals with the effect of wife’s work outside and inside the house on the expenditure and the extent of the effect of giving or not giving the permission to work outside the house by the husband on the wife’s claiming to expenditure. As for the second issue, it deals with the effect of the wife's work on the wife’s financial disclosure.

The general amnesty law is one of the important laws and at the same time has many caveats. Therefore, the society is intended to restrict the validity of its provisions despite its public attribute by substantive conditions so that the law can achieve the inherent purpose of its legislation which is represented by the social interest. These conditions are set out exclusively by the legislator, but at the same time, the Supreme Judicial Council is empowered to issue instructions to facilitate the implementation of the provisions of the law. Thus, the judiciary represented by the Court of Cassation has a role in interpreting the texts and completing the legislative deficit, in a manner consistent with the legislative idea of the law.

This study focuses on explaining the concept of hate speech. It has only recently received sufficient attention although this phenomenon is not incidental or recent, it has ancient historical roots. The study also notifies what the linguistic vocabularies of this term mean. It shows the boundaries between hate speech and freedom of expression. Also, it shows the international efforts to reduce hate speech within the scope of international criminal law and it addresses the jurisprudence International criminal courts.

The research highlights the treatment of the problem of the administration breaching of an important duty which is non- achieving the balance between the public interest and human rights by giving priority to one of them over the other. Accordingly, if the administration does not manage to achieve the right, judicial control represented by the cancelation case interferes to achieve balancing between them because of its effectiveness and independence. The importance of the study is to arrive at the effects of the cancellation case as it represents a scale for creating a balance between the requirements of the administration pursuit to achieve public interest and the preservation of human rights and liberties that are constitutionally guaranteed. That appear through the judicial provisions in countries like France and Egypt or Iraq despite the variation of their importance from one country to another in terms of stopping the implementation of the administrative decision in the compared countries as a means to balance. In addition, the study addresses some of the exceptions that respond to the cancellation claim in Iraq.

In 2003, the United States of America established an international alliance to wage war against Iraq. Britain was the main strategic ally of the US. During this war, the British armed forces committed war crimes during the invasion and after the occupation in Iraq between 2003 to 2008, but the problem is: How to prove the responsibility of these forces for war crimes in Iraq? The aim of this study is to shed light the most important war crimes within the jurisdiction of the ICC so that victims can prosecute these forces for these crimes committed against them, as well as to support and activate a deterrent mechanism by punishing the perpetrators of these crimes in order to stop the crimes from happening in the future. The methodology adopted in this study is a doctrinal legal research; this methodology has been chosen to examine the issues involved and clarify ambiguities and place them in a logical and coherent structure. As a result of war crimes committed against Iraqi victims, the British forces bear full international criminal responsibility for these crimes under Article 8 of the ICC Statute.

Today, the contractual obligations have been the foreground in the international trade; it is considered the centerpiece of such trade. Making the European Union, internationally, conclude international conventions on the level of the EU countries. For solving disputes which might face all the international contractual conventions in respect to determining the law that must be applied to those obligations. Thus, these European efforts solved these problems and gave logical solutions throughout enabling contractors to choose the law that has to be applied and which organizes the contractual obligations between them. In addition, setting out the law that must be applied to specific kinds of international contractual obligations. This can help to achieve the goals of the EU countries concerning the development and encourage-ment of the cross-border trade and remove all barriers that may arise among the Union countries especially in appointing the applicable law to the international contractual obligations. As it takes in consideration the basis of the trading transactions presented by the EU and exert international European efforts to unify the international provisions related to the international contractual obligations. The features of the international contractual obligations emerged in the form of European international conventions following the cancellation of the Rome Convention 1980 after the last failed to keep up and organize most of the international contractual obligations. Thus many European conventions have been concluded concerning the appointment of applicable law to the international contractual obligations, among which the Rome Convention 2009 which came with wide legal provisions and obligations. It also organized the issues of appointing the applicable law in addition to the failure of the Rome Convention 1980 in using its wide range, its focus on the contradictory approach exclusively, and its silence on direct physical rules. The development of the contractual obligations in light of the growth and development of world trade led to the appeara-nce of new international contractual obligations prompting the EU countries to find Pre-contractual solutions to all international disputes that may possibly appear and impede the movement of goods and services exchange. Accordingly, we are encouraged to study this topic in respect to choosing the contractors of the applicable law of the contractual obligations and the extent of the impact of the EU attribution rules on some kinds of international contractual obligations. As a result of that we can clearly note the compatibility of the Iraqi legislations with the European conventions concerning the appointment of the applicable law and the similar points with that of Iraq.