Risalat al-huquq Journal

The world is racing against time for the environment protection of the plant and Paris Agreement is the latest international treaty to tackle climate change After reaching a consensus on a package of implementation rules at the Katowice COP 24 in 2018, the rules, procedures and bodies required for the implementation of the Agreement have been basically in place.The adoption of this agreements a major step in climate protection and a legal framework to regulate the work of the international community to protect the climate. It is containing provisions on mitigation policy, climate finance, transparency, reporting and review and international cooperative mechanisms, as well as other sections on adaptation, capacity building, technology transfer. The new climate deal is a laissez-faire accord among nations that leaves the content of domestic policy to governments but creates international legal obligations to develop, implement and regularly strengthen actions. National policies are subject to a robust international transparency system and global reviews, Finally, we can say the Paris agreement is not a part of Paris convention 1992, but it is a historical turning point for the rules of the rules of International Environmental law

This research deals with the expulsion of diplomatic envoys as a measure left to the receiving state in order to confront a grave matter that has occurred by the diplomat in any of the diplomatic missions located on its territory in order to protect its security and preserve its sovereignty, as it finds itself facing two options: to adhere to respecting the granted immunities and privileges Diplomats may take into account the relationship between it and the approved country, or waste those immunities and privileges and protect its national security. This research came to shed light on the expulsion of diplomats in terms of explaining its concept, and clarifying the relationship between it and national security by studying its causes, and addressing the restrictions that must be taken into account when the approved state expels diplomats, and we have shown through it the most important effects of this procedure. .

The air sovereignty of the state is a stable and stable sovereignty in international law, just like state sovereignty. Rather, it is the sovereignty of the state itself, in the nature of a part of the whole. This principle has been confirmed by civil aviation agreements and the regulation of air navigation, such as the Paris Convention of 1919 and the Chicago Convention of 1944, which regulate aviation affairs and what is considered or not. His flight is considered a violation of air sovereignty, which found another basis for it in the texts of constitutions and national laws, Despite the implications for the sovereignty of the state of its enjoyment of all the rights and advantages inherent in its sovereignty or its right to set what is appropriate to its air territory in terms of controls and limitations that are binding on foreign aircraft to protect its security or impose its sovereignty, despite this constant sovereignty the impact still creates for us many violations that occur from aircraft Civilian or military when it enters the territorial air of a state.

Terrorism is a global phenomenon that pervaded the world’s dangers and damages, and this phenomenon uses violence at its utmost levels and recruits elements of extreme extremism, so terrorists no longer have a belief, religion or home, but they embraced a terrorist ideology based on committing the most heinous crimes against humanity, and every terrorist operation needs funding and support Financial, promotion and other matters of logistical support. The crime of financing terrorism is one of the transnational crimes, and therefore its fight is not represented by what one country may adopt in legislation, so efforts to combat the crime of financing terrorism must be cross-border, and accordingly, the Iraqi legislator and the legislator in the countries under discussion addressed the crime of financing terrorism and set procedural and penal provisions Criminal for this crime. The criminal penalty is that effect that legally entails behavior that is considered a crime in the Penal Code. The prohibitions stipulated by the legal rule, and the rule that does not include the text on the penalty is merely a moral rule. The legislator tended to subject the crime of financing terrorism to special procedural provisions, because it is one of the terrorist crimes, so he expanded the judicial control authorities during the investigation and collection of evidence stage, also expanded the powers of the investigators during the investigation phase, and singled out special provisions for the criminal provisions in the crime of financing terrorism

The bank's obligation towards the documentary credit applicant arises in the stage prior to the conclusion of the documentary credit contract, so it was necessary to determine the legal basis for it. Recognizing it, therefore, two directions appeared: one that affirms the existence of a legal obligation in the possession of the bank receiving the request to grant credit, and another that denies its legal existence, but recommends that it be enshrined legislatively and within certain limits. Also, jurisprudence differed in its legal description, one direction sees that it is a commitment of a contractual nature, and another sees it as an obligation of a legal nature, and we concluded that it is a legal obligation and is an obligation to exert care, because some information is the source of the applicant for documentary credit, and the latter may be in bad faith, so the side of confidentiality is required In order to preserve his information. Also, one of the necessary justifications for this commitment is the existence of an imbalance in the legal positions between the two parties to the contract of credit, and this is due in general and in the period preceding the contract in particular, to the inequality between the bank and the applicant for granting the documentary credit, and accordingly, several conditions are required in the bank’s commitment It is first: the bank’s knowledge of the documentary information and its effect on the satisfaction of the applicant for granting the documentary credit. Second: the justifiable ignorance of the applicant for granting the documentary credit.

If justice is a lofty human demand and a goal which is sought by individuals and groups alike, the social justice in particular occupies a lofty position in the ladder of human concerns because of its goals and dimensions which is related to the prosperity of society and a decent living under its control away from distinctions, At this point, the role of civil society organizations emerges as one of the effective mechanisms In bridging the relationship between the authority and society on the one hand, and between the latter’s categories on the other hand, with the tools, capabilities, various activities these organizations possess, and a wide network of relationships that enable them to achieve their goals, which are in the process of ensuring social justice. On this basis, the need arose to analyze the contents of social justice as a lofty societal value and to try to establish its limits, then to measure the capabilities available to civil society organizations and the obstacles that stand in their way in order to achieve the goals of social justice, especially that these capabilities and obstacles are vary in their extent and impact due to their subjection to the specificity of circumstances. Prevailing in the society in which it operates and the patterns of interaction of its members, whether they are rulers or ruled, with these organizations on the one hand, and the requirements for achieving social justice on the other hand. In order to realize the advanced goal as a research goal in general, the functional analysis approach will be adopted after dividing the research into two sections in addition to the introduction and conclusion. The first topic addresses the definition of the concepts of civil society in a demand and social justice in a second requirement, while the second topic investigates the role of civil society organizations in the field of securing social justice and the obstacles that stand in its way.

The domicile in fact depends on being in a particular place with the intention of survival and stability, and it shows the important and great role of it, by acting as a basic reference control in the countries of the public law school (common law) and represented by the countries of the Anglo-American tradition that took the home as a control in the geographical distribution of individuals In determining the applicable law While the role of the domicile is greatly diminished in the private law school and is represented by the countries with the Latin tradition, which have taken nationality as a basic control in the geographical distribution of individuals and in determining the applicable law, but despite the presence of the original officer (nationality), we find that the domicile plays an important backup role in these countries Undeniably, it contributes to solving some complex issues that the nationality officer cannot find a solution to, and this is what we termed as the reserve role of the domicile.

It is common to say that the interest of contemporary banking activity, which is characterized by the followers and the media are needed to attract customers to engage in this activity and seeking to develop it. It could be said that the most prominent of these methods is the interest by which banks operate for good or bad, I mean the grants and interpolation. As the banks and all financial investment institutions generally take such a means to control the ports business activities and thus earn a good reputation by giving that interest or reduced in the event of interpolation . In the pillage side, it is providing the grant percentages are high surplus to those who filed to have exaggerated or objects or negotiable documents.While in turn may meet the ratios less or more depending on the circumstances of the values through various computational activities, whether individual or vehicle in. This is to be noted that both sides described the looting and positive in the banking activity but it is building on the basis of the interest of grants or interpolation.

The escalation of transnational organized crime and the emergence of new, more virulent and dangerous patterns in conjunction with scientific and technological development, in a manner that can be said that the state, no matter how advanced its civilization is, and no matter how powerful it is, its internal efforts alone are not sufficient to prevent its commission or reduce its effects with the difficulty of obtaining evidence In view of the developments that befell it due to its constituent elements and the context in which they are committed, as organized crimes often committed in the territory of more than one country, which society at all national, regional and international levels had to confront to maintain its stability and entity by coordinating efforts in order to As for the role of specialized international organizations, despite all the efforts made by specialized international organizations in the context of combating transnational organized crime, the adherence of states to the manifestations of sovereignty remains one of the strongest obstacles that prevents the prosecution, arrest and surrender of perpetrators to justice, so we suggested to states and society Countries give more space and powers to these organizations in order to carry out their role in the struggle to the fullest.

Abstract.
The law permitted the contracting parties to amend the provisions of their contract, since the rules of the latter are not from public order, that is, the contracting parties may agree to violate them, and based on the rule - that the contract is the law of the contracting parties - the contracting parties can agree to reduce the contractual responsibility or waive this responsibility, then they must abide With this agreement, that such agreements are not absolute but are restricted to some conditions and restrictions that must be taken into account in order for them to be valid, perhaps the most important of which is that this agreement does not violate public order and its clarity and indication of what is intended by it; Therefore, this research is an attempt to shed light on what are the conditions for exemption from contractual liability, the cases of invalidity of such conditions, and their legal applications.

Modern criminal legislation has adopted the policy of limiting punishment in various forms. Some of the legislations applied to implement this policy within the framework of the criminal law, and some of them were not satisfied with the application of this policy within the framework of the criminal law, but rather applied it outside the scope of the criminal law. It is known as administrative penalty or criminal administrative law, because the policy of limiting punishment within the framework of criminal law is no longer sufficient to achieve the objectives of this policy.

The swap contract is one of the forms of dealings that take place in the financial markets, and one of the most prominent forms of financial derivatives are those contracts that derive their financial value from the assets that are being dealt with. The jurisprudence dispute over legal conditioning, especially in light of the absence of legal regulation of the issue of financial derivative contracts in general, and the swap contract in particular in Iraq despite its importance as one of the effective financial tools that improve the level of liquidity in the market.

The issue of determining the applicable law is still one of the fundamental issues in private international relations in general, and has extended to all its practical applications, and sport, as one of the activities that has taken up a large social, economic, and humanitarian space, was not far from this issue, as the global regulation of sport began to directly affect all the issues that It is included in sports activity and its consequences, including sports injury in cases that deal with the foreign character of the sports relationship. We tried through the research to shed light on the regulating rules and the law that must be applied to them and the adequacy of the traditional approach in the conflict between the laws regarding the ruling on sports injury, especially after the emergence Regional and international sports federations. It imposed itself as an alternative to national courts, and resorting to it became mandatory due to the conditions it imposes on.

The local job imposed on the public authority number of challenges, because the development taking place in societies, the expansion of the role of the administration and the increase in the state’s intervention in all fields; In order to adapt to what the new environment requires, The administration has to impose reforms that organize and frame the local function to ensure its continuity and regularity. Therefore, it has become necessary to establish local administrative units; Its activities are carried out by its local employees; the Iraqi legislator was interested in the Law of Governorates Not Organized in a Region No. (21) of 2008 to organize everything related to the local job and how to appoint employees in it, and identified many organizational rules related to their job rights, in order to achieve their stability at work, which is what It reflects positively on the regular functioning of local facilities and the satisfaction of public needs.

There is no doubt that the maritime transport of oil exports across the seas and oceans continues, whether by giant, medium or small oil tankers. Of course, it may be subject to collisions, hurricanes, or engine malfunctions And the like, which leads to spillage of crude oil in the seas and oceans, which leads to an environmental disaster resulting from the accumulation of oil blocks This leads to a danger to the marine environment and its living organisms, and may even extend to land and land It extends beyond the continents, which gives it an international character.There is no doubt that Iraq is one of the countries that export crude oil and also import oil derivatives Which pass through its ports of exported and imported oil tankers, which is a cause for exposure These carriers of accidents and the consequent serious damage that may affect the sea Which is mostly the part overlooking Basra from the Arabian Gulf Considering that the province of Basra is the only waterfront of Iraq, so we chose it as a model for our research. There is no doubt that oil exploration and exploration of oil wells have posed and still pose great dangers to the environment in general and to the inhabitants of the region in particular. And Iraq is one of the countries that depend on oil production for its financial resources to the extent that exploration and exploration operations are still underway. This constitutes a kind of risk that has severe damage to the environment and living organisms Which prompts us to question the extent to which insurance is possible for this type of risk in Iraqi legislation, and whether the legislation in force accommodates such a type of insurance, or? Especially if we know that it is indirect or intentional damage in most cases Do we need a legal organization that fills the shortfall in the commercial and private legislative system that represents this type of insurance?

The control exercised by the Legislative Council (Parliament), especially in financial matters, is one of the oldest functions of the parliament in history, since the parliament is responsible for tracking and evaluating the actions and actions of the executive branch, especially with regard to financial matters. Using the famous quote from " Montesquieu ", "power must limit or stop power” Parliamentary financial control is aimed at ensuring that the executive branch respects the principle of legality, that is, it acts within the limits established by law. The House of Representatives verifies its application of the laws related to financial and Economic Affairs and is committed to performing its development role, which was launched in the program that was approved when the House of Representatives gained confidence. In addition, this control is aimed at the effective exercise of its financial supervisory jurisdiction through the mechanisms provided for by the law passed by the parliament to reduce cases of financial delinquency and corruption at the state level .
In this study, the focus will be on both the state budget and the final account, considering that they are one of the most important examples of financial control for parliaments in general and for the parliament.

Keeping pace with the development of air traffic requirements and what the ground pilot (the air relay) needs to ensure the safety of the flight, the International Aviation Organization (ICAO) was keen to put under the hands of the air relay, or as we called it in our research (the ground pilot), the latest technology that modern science has reached ; To assist the ground pilot in performing his work accurately and proficiently and to achieve the safety of air traffic. However, there are multiple problems that hinder the work of the ground pilot that would affect his performance of the obligations entrusted to him. Some of these problems may be due to organizational conditions and problems, and some are due to living and health conditions and problems and the consequent economic effects affecting both parties, the aircraft operator and the ground pilot. These conditions and problems are among the most serious problems that impede the ability of the ground pilot to perform his obligations at the present time.

In a study by a number of researchers, they found that sponsorship in the ancient Babylonian era is one of the main guarantees important in the field of economic relations and transactions, so that it came on two types of self-guarantee and the other with money. appropriate to it and determining its implications, but its provisions have not been accurately detailed Especially since it carries a different meaning than what the money guarantee carries, in that it means the obligation of a guarantor to bring a person who is called (the sponsored) the debtor and hand him over to the sponsored creditor, and he is not discharged except by handing over, and he is not subjected to the threatening penalties imposed by civil laws, and accordingly the research was divided To two demands, the first in which we dealt with the definition of self-guarantee, while the second is the most important implications of it

In order for people to feel fair, there must be a set of rules that the legislator must take into account when developing tax legislation, and if the legislator seeks to achieve justice in the distribution of tax burdens, then his quest is only done roughly because most legislation lacks the means to allow it with extreme precision. Knowing the equal tax burden on each taxpayer, and with the agreement of most theories and opinions, justice is considered one of the basic principles that every tax must possess in order to be appropriate and sound, hence the importance of the study, due to the urgent need to deepen the concept of tax justice, both when issuing legislation Taxation or when implementing it, as it constitutes the treatment that would achieve a kind of social justice, and from here the problematic of our study revolved around the extent to which a fair tax system can achieve ambitious social justice?
And we applied the analytical and legal descriptive approach, during the study that we discussed in two places, the first is the concept of tax justice and its components, and the second is the role of this justice as one of the ways to achieve social justice, and we concluded that the constitution imposed equality in bearing the burdens, and that building democracy and the concept of citizenship enhance ways to achieve social justice In conclusion, we recommended that we work on bringing about integrated tax reforms that are commensurate with the economic reforms in Iraq, mainly represented in reforming and amending legislation and tax laws and working to make them compatible with the need of the current reality.

As for the judicial mortgage, it is an ancillary in-kind right that gives its owner direct authority over a real estate owned by his city. The judicial mortgage is only returned to the real estate, and it cannot be returned to this movable. The judicial mortgage does not arise from a contract, but is issued by the judiciary based on a request submitted by the creditor. The French Civil Code provides for the power of the judge to decide a right of mortgage for the creditor on one or more real estates of the city, so that this right entitles its owner to the same rights as the creditor who is mortgaged in insurance and thus has the right of preference and the right of tracing as soon as he acquires this right. This judicial mortgage does not require the transfer of possession of the property to the creditor. But in order for the creditor to obtain his right to the mortgage, he must have an enforceable judgment against the debtor that he submits to the principal in the area in which the mortgaged property is located. Mortgage creditor, and the objective and formal rules of civil law have organized this mortgage in detail, starting from the request for the mortgage to its expiry, as it expires with the fulfillment of the obligation, either in original or dependent manner, as well as the mechanism of its termination in the event of not agreeing to terminate it amicably, and through the foregoing we would like to indicate What we dealt with in this research is the effects of registering the mortgage in the real estate registry through the creditor’s enjoyment of his rights to follow up and advance, as well as the possibility of requesting the mortgage towards the guarantor and the most important privileges he enjoys in the event of its expiry.

The administration’s practice of its competencies stems from organizing the affairs of individuals with the aim of achieving the public interest, and this is due according to the role played by the state. The adoption of the issue of sustainable development dates back to the nineties of the last century, due to its prominent importance as a requirement that those countries seek to achieve for the fruitful utilization of wealth through distribution justice between the present and future generations, as the administration, through the exercise of its administrative activity and the performance of its multiple functions, resorts to It seeks to conclude administrative contracts that occupy an important position within the scope of the administrative authority’s exercise of its activities, as it is considered the most important means of managing public utilities and includes unfamiliar conditions in ordinary promises in order to serve the requirements of the public office in what the public interest requires.

Research Summary: Many contracts require for their implementation that the contract moves from the possession of its owner to the possession of the other contractor, whether a tenant or borrower or depository or mortgagee, which raises the question of the powers enjoyed by these when they possess the money of others, the owners of the contract real want to be assured that their money is immune from any damage or damage that may befall it. Hence the need to adopt a measure of the legality of the actions of the beneficiaries of the funds of others so that through it we know the legality of the use or not, for this the legislation in question decided the standard of use of the contracted, the law has ensured the protection of the owners of funds from the risk of damage to their funds or destruction or decrease . This is what has been adopted by Islamic jurisprudence in its various schools of thought, as this jurisprudence has been keen to determine responsibility when the usufruct exceeds the requirements of the customary usufruct of the contract .

Archeological monuments are one of the products of the human mind, which is rich in the acquisitions of science and knowledge since time immemorial, which contributed to building the most ancient civilizations and the most important historical cultures extending to the present day. Adoption of it in the global classification by the World Heritage Committee and the international standards that must be met in those monuments to consider them of universal value and their inclusion in the World Heritage List.However, these landmarks have been subjected to many variables and external influences that occurred to them, whether those changes were by nature, including cases of global warming, earthquakes, storms and other factors of erosion, or those effects were caused by humanity such as wars and their negative effects that destroy the environment as a result of the use of indiscriminate weapons. Or that cause a change in the environment, and in our current era, archaeological monuments have been exposed to crimes of theft, looting and destruction, and this embodies the role of the international judiciary in criminalizing assault on archaeological monuments, as paragraph 9 of Article (8) of the Statute of the International Criminal Court considered assault on antiquities a war crime, verified Its pillars, the perpetrator is punished as a war criminal, and this confirms the extent of the importance of archaeological monuments and their cultural and ideological connection to peoples, and we will present in this research the extents of international protection for archaeological monuments from environmental variables or in times of armed conflicts and the extents of their protection from acts of theft and looting, and the extent to which international responsibility for attacks is achieved Which affect the world cultural heritage in general, including archaeological monuments.

Abstract.
Any legislation, in order to be issued properly, must be complete and clear in the eyes of everyone, and therefore it is implemented and applied easily without any problem, but the legislation may not be like this at all times, so the constitutional judiciary must intervene through the practice of Its constitutional competences and it reforms the legislation and removes ambiguity and complements the deficiencies or deficiencies in it, and the constitutional judiciary does this for the purpose of avoiding or minimizing the rulings issued for the unconstitutionality of the laws contested as unconstitutional before it and thus protecting the principle of legal security, and this plays a remarkable role in reforming Legislations, although it is not the issuing body of legislation, and this represents a positive role from it, and it is an indirect participation in the legislative process.

There is a set of rights and freedoms that women should enjoy and they include these rights and freedoms, the right to life, the right not to be subjected to torture or ill-treatment, or cruel, inhuman or professional punishment, the right to freedom of character and security, the right to equal protection before the law, and the right to equality Within the family, the right to enjoy the highest possible levels of physical and psychological health and the right to work in normal circumstances, and therefore violence against women that prevents them from enjoying these rights and freedoms stipulated in international law, or nullifies their enjoyment of these rights, is considered discrimination between males and females, One of the basic aspects of gender-based violence against women is that violence is used in cultures all over the year as a means to maintain and maintain the status of women as subordinate to males, so to provide protection for women from domestic violence requires a comprehensive strategy that gives priority to accessing services and at the same time decides to provide an environment. It is provided by coordinating efforts to prevent and respond to gender-based violence among all humanitarian actors. Violence against children, the most important of which is ill-treatment that includes physical, physical and emotional violence, and neglect of infants, children and adolescents by parents, caregivers, and other people and people with authority inside the home most often, but also in other contexts such as schools and orphanages, and bullying, including electronic bullying (is Unwanted aggressive behavior on the part of another child or group of children and involves repeated physical, psychological or social harm. It often occurs in schools and other contexts in which children meet. Violence against children may lead to death, wrongful killing or severe injuries, permanent disabilities and exposure to violence in An early age stage can impair mental development, and in order to prevent violence against children requires efforts to systematically address risk factors, and for that we have dealt with the topic in a simple and concise manner to clarify the most prominent acts of violence against women and children and how legal protection can be provided to them. A law must be enacted. Comprehensive for all cases of domestic violence against children and women

After the year 2003 AD, the Iraqi family was subjected to violent setbacks and tremors that made chaos one of the features of the family in terms of changing centers for both the mother and father, and that the changes of these centers negatively affected the impact of family life, so the disturbances within the family increased and witnessed a gradual dissolution leading to the family losing its identity and moving away from its customs and traditions.
This research discusses the effect of changing parental authority on the overall practices of family members

Undoubtedly, human rights are diverse, and the maintenance of these rights is one of the priorities stipulated in punitive legislation, and they do not tolerate at all those who want to violate these rights. A person lives a good and decent life in which he carries out his usual activities. Perhaps blood transfusions, if complete health conditions are not observed in them, are the most dangerous thing possible for the safety of the human body. the victim from performing his usual work for a period of time that may exceed twenty days, or transfusion of contaminated blood to the victim may lead to permanent disability, and this causes material and moral damage that cannot be remedied by industrial alternative means, and for this it was necessary that there be a legislative treatment that is concerned with regulating blood transfusions Blood for the seriousness of these operations that are necessary to save the lives of patients.

Given the importance of the integrity of the human body, in order to provide him with the appropriate amount of health, which is one of the main foundations of the right to life; And for the close relationship between this and the therapeutic work in both its medical and pharmacological aspects, we find that the Iraqi legislator, like that of the legislator in many countries of comparative law, has been concerned with organizing most forms of dealing with medical drugs, including organizing them for their possession and trading, and has stipulated basic measures for the correctness of these behaviors, And among that is the necessity of the fundamental presence of the drugs that are disposed of in the country, which must be manufactured or imported from sources officially recognized by the concerned authorities such as the Ministry of Health and be in accordance with the constitution of the medicines officially approved in the country, and to ensure observance of these conditions and procedures we find that it is criminalized and punished for trading in unlicensed medical drugs As it was counted as a crime to sabotage the national economy that violates honor and punished it with the most severe penalties that may reach the death penalty, and what the researcher called for studying (the crime of trading in medical drugs not authorized in Iraqi law), it is the approved image of the distinguished Iraqi criminal judiciary in Adapting this crime and the interference that exists between applying its legal and legal foundations to other crimes such as the crime of drug trafficking and the crime of practicing the profession of pharmacy without a permit, it has been devoted to This study aims to shed light on these and other problems and try to suggest solutions that contribute to addressing or mitigating them.