Journal Of the College of law /Al-Nahrain University

The Human Motivation is the main aim to adopt the idea of humanitarian exception penalties as the mean to be aim to put an end or reduced high costs of Inhumanity which is recorded within imposed penalties contract by united nations, resulted from The adoption of comprehensive international economic sanctions based on the randomness of the penalty, and the lack of distinction between those responsible for Violating behavior and the innocent population, as it harmed the most basic human rights without made a desired change by pressuring on those responsible for violating behavior.
In this regard, the United Nations found itself in contradiction between its position as a human rights sponsor on the one hand, and a violation of it on the other hand
This has led it to find solutions to this in order to reconcile its goal of maintaining international peace and security and protecting these rights. Therefore, it has proposed certain ideas embodied in humanitarian exceptions.

The Iraqi legislator granted the judge discretion in protecting the weak party in the contract and rebalancing Contual, as the judge intervenes when contractors agree Upon determining the penalty in advance and applying it when one of them violates his obligation, the judge will intervene by amending the increase or Decrease, as the economic and social goal of the contract requires proportionality between corresponding performances, and he is not have the authority to interfere in determining non-material matters in the contract For acceptance in the substantive and minor relating to contract details, the two contractors may leave some Detailed issues for agreement later, and then a dispute occurs between them, so the judge intervenes to complete the contract, This is by defining its scope, The nature of the contract, and the judge interferes That is guided and represented by law, custom and justice Weak contraction from the arbitrary requirement imposed by a strong contractor to achieve an obscene advantage over Calculating the less qualified and experienced, judge removes the arbitrary clause, and he intervenes when the emergency occursmusing his discretion to reduce the onerous obligation or termination of the contract .

The commercial partnership is an agreement between two or more persons to jointly conduct commercial business usually for a short period of time and sharing the resulting profit or loss. Being a contractual relationship, commercial partnership does not create legal personality. Some differences may arise between partners regarding profits and their distribution, and one partner may be denied the benefits it deserves, so he may resort to justice, but recourse to justice may be limited to the application for accounting only. He may demand that his opponent be required to make his own profit, and he can demand one claim to make the accounting and the obligation of the deductible to what he deserve.
Since the Iraqi legislation lacks a special statutes to regulate this subject, and in order to identify the legal rules governing such subject, as well as the fact that legal literature in Iraq has not produced any study specialized in this topic despite that Iraq has had experiences in implementing this type of general rules related to commercial partnerships, this topic has been chosen for research.

The extinction of living things is one of the problems related to the environment, all countries, whether advanced or developed, aim to achieve major breakthroughs in the field of development, for the purpose of achieving progress and advancement in all economic, social and industrial levels, besides, achieving protection for threaded endangered species and their natural resources as a common heritage of humanity and a fundamental right for future generations, So the subject (Efforts of international organizations and conferences in protecting endangered species). One of the modern and important international law subject, in the same time, It leads
the efforts of international organizations in protecting endangered species, Where the United Nations Organization has a large and influential role in establishing the bases of protection depended on the decisions of its agencies, through holding international conferences concerned with environmental protection.

As that the sea is the vital field in the world, made this last grow economically, especially at a time when globalization based on economic interests prevailed, which presented us with the idea of economic and social communication, in a world him from importance in the survival of humanity with its development and achieving its security, so agreements should be used, including The 2000 United Nations Convention against Transnational Organized Crime, in conjunction with the United Nations Convention on the Law of the Sea of December 10, 1982, to establish an effective legal framework in which of the State would be protected, and to prosecute perpetrators of criminal acts who pose transnational threats.

The right to litigate before courts is guaranteed to every person by the state to protect the basic personal rights granted by constitutions and international conventions.
A trial is free of charge as the state pays the salaries of judges to ensure justice and equality among all individuals before the judiciary system. Indeed, Gratuitousness of Judiciary means that the litigants do not pay the wages and fees of the judge who settles the dispute, given that the judge is a public servant charged with a public service, and that the appointment of judges and their salaries, grades, and annual salary raise are at the state’s expense, in an effort to guarantee of the impartiality and independence of the judge, so that the judge is not biased towards the litigant who pays his wages.
However, the judicial expenses and duties a person have to pay when bringing or defending themselves against legal action may vary: claim filing fees, attorney fees, expert fees, translation fees, and witness cost. This may deprive a range of individuals from resorting to courts.
Therefore, this paper studies the extent of gratuitousness of the judiciary. Is consists of two sections: the first deals with the provisions of judicial aid, and the second deals with the effects of such aid.

The object of the Research is to overview of the Applecations of decentra Administration in Iraq and its dimentions on The organilation and Legal stutas in The leight of The Iraq`s constitution The experemet of Local counciles of goverenans in spite of The Newing of the aproch , concepts , and the application of the Decentral on Local Level..

Islamic banks are a means of investment the deposits of persons who prefer to invest their money in way consistent with the Islamic sharia rules in order to avoid obtaining illegitimated interest as the case in the traditional banks.
The investment of monitory deposit subjects to an agreement concluded between the Islamic bank and the depositor. This agreement, whether may set out in the contract of the deposit itself or as an independ condition/conditions set out therein, has been subjected to discuss by the traditional Islamic and the modern jurisprudence, and tackled in the standards adopted by the Islamic international institutions and the Iraqi central Bank. Furtherfore, agreement give rise of several issues such as what are the main types of banking accounts, sorts of speculations how to determine the legal nature of the Islamic investment contract, and whether the Islamic bank can be descripted as an agent for the depositor by reason of exploiting the deposit in dealing with his client, or as intermediater or a speculator?
developing the Iraqi Islamic Banking legislation will be presesented in this article.

The default setting is the default value of the default value. Therefore, it is necessary to add an article to the Iraqi Anti-Human Trafficking Law that stipulates that the victim has the right to claim compensation before the civil court for the damage he sustained as a result of the act of human trafficking that occurred from the offender, after the criminal judicial decision of conviction has acquired a final degree. Compensation is estimated from the moment the damage occurred, not from the moment of judicial claim, as well as the need to establish a special fund to assist those subjected to human trafficking and to ensure their compensation for the damages they sustained through this fund after a court ruling is issued providing for their compensation. This fund is financed from the fines imposed on offenders who violate the provisions of the Iraqi Anti-Human Trafficking Law

The study dealt with, the classification of the administrative judiciary for the faults committed by the agents of the administration or its employees and compensation for them. Where the study dealt with the flexible solutions followed by administrative diligence in distributing the burden of compensation between administrative bodies and their employees.

This research contains two main chapters; chapter one includes a modern and development feature, which is related to granting the consumer in the electronic contract (e-contract) a special protection, represented by the right to withdraw from the electronic contract at his unilateral will, within a certain period of delivery of the commodity. Second chapter includes an aspect characterized by authenticity and historical depth, which is related to granting the buyer in the sales contract the option of seeing, which gives him the right to cancel the contract or sign it, after the conclusion of the sales contract, if he had bought the item and did not see it at the time of the contract. As it has been proven that both rights have one concept, one basis and one conditions. Therefore, we concluded that the right of withdrawal in the electronic contract stipulated in the comparative consumer protection laws has a legislative basis in the Iraqi civil law, represented by the option of vision, which extends its origins to the provisions of Islamic jurisprudence and Islamic Sharia.

The topic of the research revolves around the impact of the variables that occur due to the worker and lead to the forfeiting of his right to compensation for the severance pay, and these variables are determined in the resignation from work and referral to retirement, as well as cases of termination of the work contract for breach of job duties, or because of effective mistakes committed by the worker, and are reflected Effects on work, workers or production.
Keywords:
Forfeiture, bonus, resignation, retirement, employee fault, termination of service.

The phenomenon of forced marriage, or what is known as “forced marriage” in general in our societies, has been associated with customs, traditions and societal culture, especially what is known as “the clan naughty” which is an old clan custom that prevents a girl from marrying a man who is foreign to the clan. The Iraqi legislator has criminalized in Personal Status Law No. (59) for the year 1959 for these behaviors, imposing penalties that may reach ten years imprisonment for those
who commit that act. In our current time, with the emergence of terrorist organizations in recent decades and the spread of international and non-international armed conflicts, we find that this phenomenon has taken another direction in its spread, through Exercising psychological and physical pressures and all forms of violence against women that may reach the point of threatening with a weapon to reach that end, as happened according to local, international and news reports with many Yazidi girls and others with the entry of terrorist organizations to Iraq in 2014, and the resulting violation of human rights, including Reproductive rights and health care for women, as girls and women who are subjected to what is known as forced marriage are often unable to make decisions about their sexual and reproductive health or whether They have no information in this regard.
These events prompted us to research the nature of forced marriage according to the international perspective, and to indicate the effectiveness of legislative and judicial protection internationally and internally, as well as to clarify the most important factors and reasons that reinforced this phenomenon in our beloved country, while identifying the gaps, deficiencies and ways of treatment, and at the end of our research we reached to a set of results, the most important of which are:
1. Forced marriage according to international law is a violation of human rights and freedoms, and may constitute a war crime and a crime against humanity if committed on a large scale in accordance with the Rome Statute of the International Criminal Court.
2. The existence of many discriminatory provisions and texts within the national legislation, which restrict the right to enter into marriage with free and full consent.

The contract of commercial advertising, like other modern contracts that accompanied development and modernity in all areas of life, particularly within the scope of international business relations, is reinforced by the use of modern technical means of advertising, where it seems necessary to adapt the current legislative organs, if any, or to develop new legislation in accordance with the means by which the business relationship is complicated or implemented in order to provide legal protection to the consumer, especially in the field of the Internet, which was and still is a dangerous area. Consumers have little experience in the Internet. The importance of the topic is highlighted in providing legal protection to consumers on the Internet, such as those available to them during their real-world business operations, and do not forget the international status of following the commercial declaration contract, which would highlight the problem of determining the applicable law on disputes that arise or resort to alternative means of resolving such disputes, which will provide some security for the parties to the commercial declaration contract from all states that have become parties to the contract.

The “right to a healthy environment” is one of the modern rights that have been attached to the constitutional human rights group to ensure the protection of the right of individuals to live in a healthy environment. The environment is the vital medium in which a person lives; However, as a result of the pollution that befell the environment, which has caused life-threatening effects from the pollution of water, air and land to its devastating impact on the health of humans and the planet, which required the United Nations to approve it within international declarations and include it within the range of other human rights, and due to the importance of the human right to a healthy environment, the matter constitutionally required, In order to obtain the protection prescribed for all other human rights contained in the constitution, given the superiority and superiority that the constitution enjoys over the rest of the laws in the state. While some of them referred to it implicitly in the constitutional texts related to rights and freedoms, so this study aims to identify the human right in a healthy environment and the position of the Constitution of the Republic of Iraq for the year 2005 and some of the constitutions of comparative countries to demonstrate the effectiveness of the guarantees established for this vital right.