Journal of Juridical and Political Science

The protests were in Libya in 2011 and began in certain areas and then spread to include all segments of the people on February 17, 2011, The revolution was carried out by the youth who revolted against the regime of dictator Muammar Gaddafi, and with the support of all Libyan society, which was based on belonging to the tribe before belonging to the state and preferred Customs and traditions to civil laws, in particular. After the control of the rebels and the defection of Interior Minister Abdel Fattah Younis from Muammar Gaddafi and his regime, and since the establishment of the National Transitional Council as the sole legitimate representative of the revolution of February 17, 2011, the process of democratic transition began in a new stage that the Libyan people had not witnessed before, and the National Transitional Council was established under the leadership of Mustafa Abdel Jalil In which representatives of the various local councils in the different regions of Libya participate, and differences emerged between the internationally recognized government resulting from the democratically elected House of Representatives, and armed groups outside the government’s authority, which negatively affected national reconciliation in Libya. For the success of the national reconciliation process in Libya, real actors should be present at the negotiating table, militia leaders, tribal leaders, political leaders and army representatives in the former regime, as well as disarmament and the integration of fighters into society, and state institutions should be supported by supporting transitional justice institutions, applying the principles of fairness to victims, and not employing eradication (Isolation Law political) towards revenge, and dismantling social and historical grievances.

The study aims to clarify the Iraqi women's rights after the American occupation of Iraq in 2003 in light of the multiple challenges she faced. The study hypothesized the women's security social and economic challenges affect, negatively on the developmental role for a woman in the Iraqi society. The significance of the study lies in the fact that women's rights are part of human rights and that the analysis of the various challenges faced by the Iraqi women after 2003 and limiting them benefit the development of society. The study reached several results and suggestion; the social, economic, and security conditions that Iraqi society had experienced have a clear impact on determining the type of participation that Iraqi women perform in various areas of development.

With the beginning of the twenty-first century, forms of threat to the maritime security were renewed in many marine areas in the world. The Arab region, especially in the Horn of Africa, was a theater for these threats as a result of numerous and varied reasons which contributed to the increased risks to maritime security, leaving a great impact on the international community in general and the Arab States in particular. Because of these serious effects, the international community, with its various tools, rushed to face these threats to maritime security, including (maritime terrorism, maritime piracy and armed robbery of ships, environmental pollution and illegal fishing), using the renewal of its legal and material means. These means and tools have helped in reducing a lot of perils associated with maritime security. The Arab countries had a limited role in this field in comparison to the rest of the international efforts since the international community exerted considerable efforts in facing the risks of maritime security through the provision of military capabilities and the establishment of international centers involved in this aspect. It also provided material support, prepared studies and conferences concerned with facing the risks for security and established maritime training centers in addition to participation of the private sector especially the transportation and oil companies and marine insurance.

The normal, natural method of the end of a constitution is the termination of the constitution without violence or force, and the constitution is either flexible or rigid, based on the procedures and formalities followed in amending or canceling its texts. A constitution wouldn’t come to an end entirely; it would be amended partially. Violence in overthrowing constitutions is not a legal way to end a constitution, since it violates law and constitution and against legitimate means of ending constitution.

This study aims to identify the concept of protest movements as a social phenomenon that has significance and dimensions in the Arab world, especially after 2010, by analyzingthe role of some social movements in Arab countries, which created a new type at the political and social levels, by invoking the protest balance for them. , which led to the dissemination and promotion of a culture of peace, and the consolidation of the concept of peaceful demonstration, and helped create a new type of organized opposition, and the youth segment was at the forefront of the groups demanding change, and driving it, because it is the most affected, and even the most capable of communication and movement, used in that Social media as one of the modern means of expressing theiropinions in order to achieve stability, spread peace and create a better future for them.

Humanity is at a crossroads concerning the protection of the ecosystem. The Scientific evidences refers to that the emission of greenhouse gases and the destruction of ecosystems will have catastrophic consequences for our common environment, despite the progress made in the field of international environmental law, But it has not reached the recognition and criminalization of this threat in international criminal law. Destruction and damage to the ecosystem can therefore be attributed to the anthropological nature of international criminal law. International efforts have emerged to criminalize environmental destruction, such as the policy paper submitted by the Office of the Prosecutor of the International Criminal Court for 2016, and doctrinal efforts to promote the addition of the crime of environmental genocide as a fifth crime within the context of crimes of which the International Criminal Court.

Administration can follow different legal methods to protect and improve environment in light of the environmental legislation that regulates its activities, including preventive methods to prevent various activities from polluting the environment. That could be done by managing procedures of administrative control in accordance with its legal power and through its authority to issue organizational and individual decisions and to impose forced execution if necessary. In order to protect the public order with its components (public security, public health and public tranquility), and this applies to environmental administrative control procedures. The administration has direct preventive methods (with direct impact) in this regard. Such as its authority to ban or license an activity, or to compel its owner to do a specific matter, or to be satisfied with merely reporting it in accordance with its discretionary authority granted by law, with adherence to the conditions specified by law in certain cases. Others are indirect (with an indirect future impact), such as information, awareness and environmental education as methods stipulated by various legislations and the administration is obligated to use them in order to protect the environment from pollution.

Banks provide many services to their clients, and in order to organize the aforementioned services, they conclude many contracts with these clients. One of the most important services provided by these banks is the private treasury service, through which the bank leases to a client a treasury of its own in which it preserves his valuables financially or morally for him, in accordance with a contract between the two parties stating their rights and obligations.Accordingly, this contract acquires a concept of its own, in terms of conclusion and elements, and arranges certain effects for its parties.

The policy of Criminalization and punishment in the law of protecting teachers, supervisors, and counselors No8 for 2018 has a distinctive character. That because it aims at fighting offence, tribal accountability, and extort that an officer may face during accomplishing his official job. Such an issue has been an Iraqi phenomenon. So the Iraqi legislator has legislated a law to protect education staff. Such a procedure is peculiar to a specific crime and to protect a specific group of people considering criminalization as a legal and reality idea as to achieving the aim. This means that the legislator managed precautionary legislation as a policy of criminalization. The punishment policy combines justice and pragmatism which is imposed by the nature of criminalization. So the legislator has adopted balance between crime and punishment namely; the legislator managed a conciliatory method combining ultimate justice with pragmatism as a punishment policy.

Bankruptcy is a system of great importance for its influencing role in economy. Through bankruptcy, all debtors' money is liquidated to ensure that the creditors fulfill their rights towards it. All commercial and banking activities are subject to it. Therefor;, it was necessary for us to identify the bankruptcy of the bank within the folds of its texts by identifying its concept, cases and procedures during the lawsuit and the effects of that lawsuit, and then to reach a conclusion that summarizes the most important results and the texts we aspire to

Publicity plays an important role in various legal relations, and the law bases it on the acquisition of certain rights and the establishment of various legal centers , and contributes to achieving transparency in administrative work; According to which the decisions, policies, plans, procedures and conditions set by administration, what contributes to achieving equality, fair competition and equal opportunities , and enabling oversight of its various business and activities, whether those undertaken by public opinion or internal and external oversight bodies, and this makes the administration clear and not afraid of anything creates an atmosphere of credibility in dealings and increases public confidence and improves its relation with it.

Objection is a request to stop the execution of the arbitrators, judgment if it is based on legal reason. So, it (objection) is one of the ways that the convict resorts to stop the implementation of the arbitrator's judgment. The dispute, which people involved in it, is related to the subject. For instance, the consistent conduct dispute in the documented editions is an example of objective dispute. The people may cause dispute to come to execution, and in such a case it is called temporary dispute. As an example for it (temporary dispute) when the executive authority lacks jurisdiction and then, the problems of judgment execution is going to be clarified.

Researchers are interested in the issue of children abuse and they look for its cause in the past and present. Their interest is limited to identifying penal liability which is caused by children abuse away from focusing on civil liability. So, the study is going to clarify the parents' responsibility for children abuse rather than civil liability of the medic in case he wouldn’t notify the authorities about the case according to the American law rules and the attitude of Iraqi law rather than some judicial application of civil cases that were exposed to American judiciary concerning children abuse.

Subjecting administration to the rules of law in practicing different aspects of activities is not sufficient as to guarantying its obligations. So, administration needs to be observed so as to issue decisions according to administration legitimacy or it mat abort what had been issued illegally. For the aforementioned, the aim of the research is identifying administrative oversight and judicial oversight. In addition, the study is going to identify the administrative decisions. The researcher depended on the analytical method and, at the end of the research, the study reached important conclusions; stating that observing administrative decisions by the judicial oversight is better than observing the decisions by the administrative oversight sine the judicial oversight is independent, objective, and neutral and the administrative decisions would be legal. The researcher recommends activating the role of the judge via more authority concerning the appeals against decisions that issued by administration.

Behavioral means are included in the subject of behavioral economics. Therefore, this means, like any other scientific phenomenon, needs foundations or pillars to rely on. It cannot emerge from the void. Therefore, these foundations or pillars branch out or expand to include historical and legal aspects. The goal of this research is to explore a historical and legal basis for behavioral means, and it is considered a new method in developing financial laws and the work of institutions and financial departments in Iraq from banks and financial departments to achieve distinguished results in the process of issuing financial laws and management style, facilitating the decision-making process and motivating employees to increase production capacity according to the principle (what is light and expensive) i.e. Increasing production at the lowest costs, as well as by relying on behavioral means with its tools of stimulation, alert and soft skills, making financial laws more social and attractive, and keeping them away from isolationism and complexity, by introducing them into new molds of construction, which is the template of behavioral methods that work through their tools in engaging the moral aspects and behavior in the process of economic analysis to come up with an integrated vision that harmonizes between The material and moral task in the analysis process in one dish to achieve the best desired results

The research deals with the transitional period in Iraq and the changes that lead to a democratic country governed by the right standards. People should obtain their rights and freedom which are provided in the 2005 effective constitution. The foundation of supporting bodies was one of the results of such changes. The Supreme Criminal Court, the Property Dispute Body, Political Prisoners Body, and the National Reconciliation Committee were examples of those establishments. The National Reconciliation Committee is one of non-judicial transitional justice whose job is achieving reconciliation among the different sects of Iraqi people in addition to the political blocs. The Committee had a role in achieving the aim according to the authority it had been granted. So, national reconciliation is one of non-judicial procedures that contributed in the transitional period in Iraq in addition to other procedures which aim at establishments' reform, achieving justice, and human rights reinforcement after a set of changes and disputes. All the aforementioned should lead to ensuring compensation of the previous regime victims, reinforcement of recovery, founding an independent body to monitor security.

The protection and provision of safe water is one of the most prominent and most important duties of the central government and the administrative authority in Kurdistan region which, in turn, authorized the provincial councils a role in protecting and enhancing environment. The research aims at highlighting the role of the local governments in the protection and providing water through legal and administrative authority. The research managed the descriptive analytical method for the legislations and the end of the research, the researcher reached significant conclusions; the provincial councils should be authorized legally to protect and enhance environment.

Political freedom is an activity based on the participation of the citizens in the political system and decisions making. The political freedom reflects the ability of the citizens to participate in the administration of the public issues through government establishments especially the informal ones. Such trait is one of the modern states characteristics which aim at political stability and development in addition to power peaceful transfer. The spread of political freedom is evident especially after 2003 in Iraq because it is related to other aspects that could be a cause of worry for both government and the citizens. Such freedom refers to multilevel activities of a society awareness. In addition, It is the basis of democracy which determine the ideological land procedure framework to achieving the aim. There would be no democracy without political parties just like there are no political parties without democracy. Many political parties of different ideology founded after 2003 and then, political practice took place represented by election. So, such freedom requires protection and maintenance.

Education is one of the significant pillars which contribute in the reinforcement of ethics and virtues in the human soul. An educated man is always ready to face the challenges actively and able to cope with difficulties successfully. Learning teaches man to know the rights and the obligations. Education is a direct and active element in a nation renaissance, development, making civilization, and documentation of the nation history. Islam confirmed the importance of Education via distinguishing the educated to uneducated that holly Quran says ((The educated wouldn’t be equal to the uneducated)). Education is the main gate that enables man to practice his rights and freedoms such as: equality in opportunity, nondiscrimination. So, the Universal Declaration of Human Rights included the right to Education. The states managed to found educational establishments and stated that primary Education should be free and tangible for all and kept working on making secondary Education free, too that charging fees would deprive many people from learning and this, in turn, would cause discrimination.

Administrative penalty is one of preventive and organizational ways to be imposed by administration upon persons who are don’t belong to it. It aims at keeping all elements of the public system including the public ethics of a society. Administrative penalty is distinguished to other penalties since its effect lasts to future so as to prevent committing violation. There are many types of administrative penalty; administrative financial penalty which deals with personal property such as fine and non-financial administrative penalty which deals with the violating person away from personal property. The Study has reached a conclusion stating that imposing such procedures, which differs to criminal and civil penalties, is necessary since it deters violating people in advance and prevents others from committing the violation. The study, as well, recommended that penalties should be reorganized so as to correspond with the development of administrative law in addition to the activities of administration and individuals. The study is divided into three chapters; the first is about identifying administrative penalty, the second distinguish the administrative penalty to other penalties, and the third illustrates the types of administrative penalty.

Cultural Diversity is one of the significant issues since Iraq consists of several religions and races. Each group of people has their standards and traditions which is different to the others. Diversity should be guaranteed by constitution. Such guarantee is represented by civil organization according to the law of non-government organization No. 12 year 2010. In addition, the independent bodies have a role in protecting diversity via the law of Supreme Commission of Human Rights No. 53 for 2008.

The upcoming generation's right to natural sources (oil and gas) is one of the issues that have been interested in at the national and international level. Such an interest caused to many international conventions and conferences which confirmed the right (oil and gas) and urged the democratic governments to assure such rights in their constitutional legislation and laws as general and obligating rules so as to save it and avoid losing it. Natural sources are one of the fundamental legal bases of the oil states which depend on it as a cause of power, sovereignty, a requirement of the current generation, and a guarantee for the upcoming generation. So, it is a joint point between the generations. The study identified the significance of involving the rights of the upcoming generations in the Iraqi government constitution 2005 item 111 and 112 and distributing the revenue. In addition, the study mentioned the effect of oil change in price on the upcoming generation rights.

A state is responsible for public health. So the state should carry responsibility up to maintain the individuals' health. The state could achieve that via procedures that maintain public health. Sometimes, the state may impose limits on the side of individuals as to accomplish the task (public heath). In such a case, the specific bodies can meet the aims and then the study will be divided into two chapters; the first is to identify the federal authority. While the second is about the local one.

The individuals' right to the legal security is one of the modern rights in the developed states. Because of the significance of the right in the stability of the relation between the government and individuals, the authorities should be abided by it when practicing its tasks which stated by constitution. A legal rule may issue after several objective and formative procedures and eventually, to be applied to the applicants. But such a rule may violate the constitutional texts. In such a case an aggrieved person can only appeal the decision in the Supreme Court via procedures stated by constitution. We have researched the procedures as to achieve the legal security. The easiness of the procedures may cause issuing clearer decisions that can affect the court decision of a case positively. In addition, we discussed the decision of the constitutional case and found that the decisions of the court varied; aborting the non-constitutional law and refrain from applying it. So we chose the refrain from applying the law and leave the abortion to the legislation authority and to publish the decision in the official newspaper since it is more guarantied for the individuals' right to legal security.

The research is going to highlight the minimum salaries and wages via identifying the economic theories and standards which determine them. Controlling salaries and wages is a vital topic since it is touches people life (officer and laborer) and their families. Controlling salaries protect the poor from low wages and meet their needs and then, get them rid of poverty which violates decent life. Iraq is still late at the level of the legislation of the minimum salary laws in comparison to international treaties of human rights.

The right to sustain social development, like all other human rights, faces serious and repeated violations at the hands of the various forms of political regimes ,this requires the need for the international community to cooperate and coordinate in order to ensure there respect by finding mechanisms and means of international protection, represented by declarations, treaties , conferences and international and regional forums, which constitute the most important features of the modern era, in order to protect and promote rights, including (the right to sustain social development) , organize and surround them with international legal protection frameworks in order to preserve the value and dignity of man, and meet his basic needs in a way that ensures the achievement of prosperity for present and future generations alike and not to be burdened. The future generations are burdened with the wrong internal policies.

Environment has been liable to pollution risk for the industrial revolution. The Significance of environment began through making laws impliedly which could be educed via text inner related to economic and social rights. But after Stockholm Conference, most states managed to include environment protection in their laws and issued legislations including Iraq. Via analyzing the legal texts we may conclude that most states adopted the protection of environment in their new constitutions. But this protection is still unable to cope with pollution risk. According to the aforementioned, we suggest amendment of Iraqi constitution 2005 to make a state and citizens responsible for protecting environment in addition to the amendment of environment protection and enhancement law as to accord with the risk of environment pollution risk.

Infectious diseases that appear from time to time cause fear and
panic among the world's population; As a result of the panic that
afflicts specialists in the field of treating epidemiological diseases
with their inability to find the necessary antibiotics and drugs to start
the spread of these diseases, and for fear that they will turn into a
global epidemic that is difficult to control, which actually happened in
the wake of the spread of the Corona virus (COVID-19), and this
terrible and sudden spread Due to the Corona virus that has affected
all countries of the world, which in turn prompted the World Health
Organization to declare the Corona virus a global pandemic, so it is
necessary to intensify international and national cooperation by
developing an international and national policy to confront this
pandemic and other future epidemics.