Journal Of the College of law /Al-Nahrain University

That the most important factors of development and economic growth of any country is the existence of a legal system to ensure complete protection for creators and owners of industrial secrets, inventions and their secrets industrial economic value. There is no legal system in Iraq, particularly industrial secrets believes its effective protection mechanisms. The fear of disclosure of confidential information, thus losing its economic value, so we went in this research is to touch the means to protect industrial secrets within the civil law, as are resorting to civil law for touch solutions whenever I miss your legislative regulation of a particular topic.

Treaties play a large role in its relationship with the international custom. They once recorded and documented that international customs which has been defined through the codification of the international rules that settled in the practice of states and decisions of international courts. Again that international treaties could contribute indirectly to create some international customary rules when states conclude bilateral treaties involving the same rules or the same legal systems contained in precedent bilateral treaties concluded by other states. But what more important, is that the role which international treaties could play when the multi-national treaties (the Making- Law treaties) establish new international legal rules through the progressive development of international law process, which becomes public international rules after the entry into force of this type of treaties even for the states that did not participate in it. That what makes doubts on the importance of the traditional firm principle in the law of treaties, namely the principle of relative effect of treaties in its relation to the Making- Law treaties. It seems that international Treaties sometimes reveal customary rules already exist, or contribute to the emergence of such rules, or, in other times, they itself establish new customary rules.

Aujourd’hui, le monde vit au rythme du cyberespace, du commerce au développement, en passant par les opérations de guerre, le cyberespace est un élément caractéristique de l’ère actuelle. La progression spectaculaire de l’utilisation des cybertechnologies dans les secteurs civils, militaires et commerciaux depuis 2000 a fait apparaître un nouvel environnement en matière de sécurité, où le cyberespace est devenu un nouveau domaine de projection de puissance gouvernementale et non gouvernementale et d'intervention aux affaires intérieures comme un substitut pour les guerres conventionnelles. Les cyber-attaques qui touchèrent l’Estonie en 2007 et la Géorgie en 2008 et à l’attaque des installations nucléaires iraniennes par le virus Stuxnet en 2010, a fait apparaître pour nous que le cyberespace est l'un des domaines qui reflètent les intérêts fondamentaux des Etats, comme ce est le cas dans les domaines maritimes et aériens, et dans l’espace extra-atmosphérique. Dans le monde d’aujourd’hui, les frontières terrestres ne représentent plus la même chose. Il nous montré aussi que les risques de cyberguerre sont clairement devenus un élément inévitable de toute discussion portant sur la sécurité internationale.

This is characterized by the law as not neglect any detail of human life,

This research concern with international relation theory and its important in developing bilateral (neutral) relation between countries through interaction between the units of this countries which a result of the foreign policy and organization by international law and international agreement .The Strategic interests for each countries considered the main points in building its relation whether (bilateral ) or global .In addition the economic and political factors in influencing mapping the political and strategic foreign policy for these countries weather at the regional or international level. Therefore the significant of this research depends on new goals which international law,obliged by the rules of international behavior , has been approved for the new foreign policy approach .to contribute in building international relation on the basis of peace and respected the severity. In the framework of these concepts can be considered Is Spain's participation in the invasion of Iraq in 2003, a radical shift Spanish foreign policy , or is it a tactical shift , or that the matter does not exceed about being personal knot with the Spanish conservative leader of the emergence of a global figure they cross the Spanish force … To answer all these questions requires induction and analysis of the facts and the mechanics of the Spanish policy in different periods in order to help the researcher to know the reality of the changes and the impact of the results on the orientation of the new strategy of the foreign Spanish policy in general, and that prompted Spain to join the invasion of Iraq in 2003, which left the results of an important impact on both internal and external building in Spain represented by Analysts believe that the most important instability in the Spanish foreign policy factors set out from two dimensions:
First: that Spain is one of the secondary states in the European economy is truly one of the countries in the back rows in the field of their surroundings and linguistic knowledge and the fact that Spain, with the presence of linguistic and historical outside the European periphery, especially in Latin America and Spanish-speaking, the entry of Spain in the European Ocean means shun to This history and the economic dimension and the civilization dimension , especially since Spain will melt in the Franco-German European Ocean and especially, as the British convergence of Spain lies on the side of choice on the open seas of the European isolation, or at least calm the European rush.Second, the economic dimension , where it tells Spain 's economic capabilities cannot emulate European hops in central and western Europe , so they searched for a way out and this was the last director is in two aspects:
1-Trying to Spain participation of the United States and Britain, the Iraqi cake. Here, too, fancied Spain and imagine the strength and so much bigger than the true reality, as this actually says that the industry, whether civil or Spanish military can not compete from near or far from the American industrial capacity, so the premises Spanish policy is based on the illusion of more than the trouth.
2-Prime Minister Aznar try to justify the methodology of this policy by saying, "It is a matter of conviction," and here it is difficult to keep the investigation of the "References" ideological political of Aznar thinking as he never mentioned to it in the ceremonies in which he expressed his views on a regular basis .But we find him here tune the positions of the thinkers movement stream and ideological of new Americans Salafis as wll as the lectures of corporation Project for a new American century like Robert Kagan and his lectures analyzes and Political Studies Foundation ... that accompanied the political march Aznar since he was president of the province of Castilla and Leon .

Our research dealt with the fire crime, a crime of public danger, and the reason we chose of research is due to the presence of some of the legislative shortcoming in Iraqi law, were the Iraqi penal code in force did not mention the most important reasons for tightening the penalty for such offense crime when committed in the night, or when a state of war.
And also omitted the reference to mitigation of punishment due to the low value of burning possessions. There is something else would have been beter rules, a statement of it’s provisions case of fire, which indirectly referred to by most Arab comparative legislation. In addition to the foregoing there is a lack of jurisprudential in dealing with this crime. Where we wouldn’t find the master or doctoral thesis in Arabic language at Baghdad University and other universities (Arabic in Iraqi) about this crime.
We discussed in our search to the concept of linguistic and legal crime Fire, And we have pointed to contrast of the position of Arab legislation term that refers to the way of combustion .. A fire mode or lighting the fire. We were divided our search to several topics, and we dealt with in the first section, we dealt with the element of this crime and addressed the material element (combustion). We discussed in the second part, on especial mental element in the fire, where punitive laws gathered that this crime may fall intentional or unintentional (error fire) crime, and we have reached to the necessity of the Iraqi legislator in the penal code that infects or the fire hit the wrong possessions of others.
In the third section, we have clarified a special element in a fire crime that is burning possessions and referred to the Iraqi legislature’s preference that the possessions (real estate) or movable property. And the third section was illustrated the types of fire penalties and for the fire crime, as we pointed out to the death of these regular ordinary crime and being one of the felonies or misdemeanors. With a statement cases crime and being one of the felonies or misdemeanors. With a statement of cases showed the most aggravating circumstances of the crime.
We have conducted our search with a summary showing the main results and special conclusions of the crime.

The banking profits is one of the sales Islamic method to describe the nature of the Islamic banks work,which is already moves away by the Islamic banks to the idea of usury forbidden Islamic banks, taking or tenders, as it incorporates the notion of buying the Islamic Bank for a commodity based on the request of it to buy (the client) and then sell the commodity to the customer the price of the original commodity plus a certain percentage of the profits of information, so characterized profits banking unparalleled views of the three bargaining and selling at a profit specified on the total price and profits sale of the purchaser's order, a set of characteristics is being held constitutions, and contract netting and binding contract for both sides and contract carrier of property, committed based on the Islamic Bank transfer of ownership to the customer and delivering sales and ensuring exposure and maturity and concealed defects while the customer is obliged to pay the price of the item and pay the expenses of sale and delivery of sales, but that the whole does not prevent the parties to the profits bank to agree on other commitments such as resorting to arbitration when a dispute between the parties and the commitment of the client to provide guarantees for the bank's commitment to customer compensation the bank when the delay in payment and the bank's commitment to the opponent when the early repayment.

To study this issue, it worth to mention that intellectual property can be divided into three branches as follow: Commercial property, Industrial property, and Literary property, consequently each branch includes many subdivisions which have their own judgments, actually, we cannot search deeply in the details because of the study is more precise, therefore, we are going clarify the general laws only for the sake of showing the possibility of resolving such disputes through international commercial arbitration.
Due to the showing and resolving of these disputes through international commercial arbitration are submitted to set of laws and conditions of being they are related to or not related to public order, and how they attached with rules of necessary application, so, we will search in these two matters from the beginning.
As a result we will witness the possibility of resolving intellectual property disputes by arbitration, later on, we are going to give the merits and demerits of arbitration if resolving of these intellectual property dispute will done, eventually, we mast search in the position of the international laws and conventions on the issue of arbitration in property disputes.