Journal of Misan Comparative Legal Studies

The right of privacy is one of the rights attached to human beings and one of the most important and controversial rights among the jurists as it differs from one community to another and from one period to another. Most of the studies have dealt with the right of privacy to adults and have kept an blind eye to the violations of children especially in light of the technological developments that the world has witnessed and which have dangerous impacts on the lives of children when they use the Internet and the crimes that they are exposed to through it. Therefore, legal trends emerged calling for the need to protect children from these violations and work to enact laws as well as lay down penalties for the perpetrators of these crimes. However, despite the countries\' awareness of the

Since arbitration is a means of settling disputes, thus it is considered an alternative judiciary in international trade disputes. Like ajudge, an arbitrator must enjoy impartiality and independence in giving a judgment to end the disputes away from affections or connections, or being affected by any relationship that binds the parties to disputes, whether the arbitrator is chosen or they do not intervene in choosing. Further, the effect of the condition of impartiality and independence is not necessary in strengthening the bonds of mutual trust between the arbitrator and the parties of the dispute during the course of the arbitration case, and so that the arbitrator avoids the possibility of requesting his dismissal for lack of impartiality and independence. The impact of

Peaceful protest is a means of expressing freedom of opinion guaranteed by constitutions and domestic and international laws, as well as international conventions that have explicitly declared the right to peaceful protest; in fulfillment of the legitimate demands of individuals on the condition of preserving public order and morals inside the country, and this is stipulated in the effective constitution of the Republic of Iraq of 2005; Article (38) which stipulates that “the state shall guarantee in a manner that does not violate public order and morals: ... Third: freedom of assembly and peaceful demonstration, and it shall be organized by law.” This means that the legislator explicitly and clearly confesses of the freedom of peaceful protest, contrary to what was mentioned in previous Iraqi constitutions. However, the defect in that text is reflected in the legislative deficiency which is represented by the failure to legislate that law which organizes the practice of the freedom of protest until now Based on what mentioned above, the research deals with the attitude of the Iraqi constitutions, whether they are enforceable or canceled, and discusses the weaknesses and strengths in each of the Iraqi constitutions related to the practice of that freedom. This is due to the fact that since the end of the year 2013, Iraq has witnessed many demonstrations and sit-in, the most recent of which was the October 2019 demonstrations, which demand - in their entirety - reform, combating corruption, providing job opportunities, and improving the quality of services. As a result of those demonstrations, many protesters were killed and injured, and that prompted the demonstrators’ demands to the resignation of the government.

The public administration has a role in achieving the goals of criminal sanctions represented by achieving those goals inside and outside the correctional institution, since the implementation of penalties is an important matter for society and inmates, as it contributes to their reform, rehabilitation, and thus they will leave the correctional institution normal who do not return to committing crimes again. Consequently, the public administration must provide suitable places for its inmates, as the implementation of criminal sanctions within the correctional institution is represented by the administration carrying out a number of punitive procedures and activities for the sake of reforming and rehabilitating them

The employee is the state's tool in carrying out public tasks and duties. It is the mainstay of the administration and its means in administrative reform, which is the main starting point for political, financial and social reforms, that the public authorities can implement, as through work implementation and the provision of public services to all people without favoritism or discrimination on the basis of sect, color, gender, race, or religion, Therefore, it is necessary to guarantee the duty of the employee to watch his/her public behavior in carrying out his/her tasks and job duties away from political considerations and partisan affiliations, since job is a public service that needs values, ideals and virtues, and hence the duty of reservation is essential in the public offic.

Judiciary is the primary means of settling disputes that arise between individuals and establishing justice between members of society. However, due to long duration, the accumulation of cases at the courts, and the slow pace of procedures, all of this prompted the search for another way to resolve those disputes at the least possible time so that the legal centers can stabilize between the disputants. Hence, comes the role of the arbitration system as an ideal and easy way to resolve such disputes, which is an exception from the original, which is judiciary, which has the responsibility to settling contract disputes ,(in Iraq, the ordinary judiciary deals with this). Therefore, arbitration has become a necessary requirement in developing countries that are looking to strengthen their national economy, especially if its national capital is unable to meet their basic needs. However, this raised the ire of judiciary in comparative countries that refused to resort to arbitration in administrative contracts under the pretext that this affects the sovereignty of the state, requiring some conditions and excluding some contracts, as in France and Egypt. In Iraq, the legislator allowed resorting to arbitration in disputes, regardless of the nature of the contract. This was mentioned in special articles and under the supervision of the ordinary judiciary. Accordingly, and in response to the economic conditions in the country and what is required to encourage investment as well as attract foreign companies and funds in order to strengthen the economy, absorb unemployment, and employ the hands, the Iraqi legislator issued the Investment Law No. 13 of 2006, indicating the possibility of the conflicting parties to resort to internal and international arbitration, especially since international companies fear the internal judiciary on the one hand, and the protection of their capital on the other hand

Biological damage is the problem of the modern age and a common danger threatening the existence of the world, both states and individuals, because of the use of modern technology and the industrial development, which depleted and contaminated natural resources so much that such damage has become a threat to the life of humans and a danger that may cause the extinction of many living beings. Civil fault liability plays a key role in prevention biological damage by imposing it on anyone exceeding the limits of using the rights granted to him and violates legislature orders. This means that individuals right to live in a society is restrained by the obligation of not contaminating the environment with smokes, lethal gases, and toxic materials, as well as genetically-modified creatures, which may negatively impact biological diversity. Given that biological damage is a cross-border one, liability for biological damage raises a problem related to the extent of determining the law to be applied, as the time, location, or the causing act may delay or be difficult to identify In order to identify the law to be applied to such liability, this paper is divided into two sections. Section one examines the traditional trends in identifying the law to be applied to liability, while section two shows the modern trends in in identifying the law to be applied to liability

The penalty for premeditated murder in the Iraqi Penal Code is death or life imprisonment. The legislator went further than that through the provision (D) of the Article (406), which states (Capital punishment shall be imposed on anyone who intentionally kills a soul in one of the following cases) (d / If the murdered is one of the killer's descents ); we see in this article that the legislator has emphasized the punishment and considers it an aggravating circumstance when committing the crime of murder, while we find that there is an explicit legal article that excludes the mother from the punishment for premeditated murder, which is the Article (407) that refers to (punishing with imprisonment for a period not exceeding ten years or imprisonment for a period of no less than one year for the mother who kills her newborn child out of shame if she was pregnant with an incest child). So the legislator gave the mother a legal mitigating excuse and determined the crime of killing her newborn child to avoid shame in clear terms through the provision of the Article (407). So, he/she did not prevent her from fully criminal responsibility whereas the penal laws of many countries have indicated that the killing of a mother to her newborn child is a crime and set their own legal terms as they disagreed with certain details and reasons such as (Jordan, Switzerland, France, Lebanon, Syria, Morocco, and Iran). There was also another opinion by the Islamic jurisprudence in this case, as it sometimes gave the right to the father to kill the child and at other times it gave the right to the mother, and the third opinion included the two to kill the newborn. Here the penal laws also have different stances regarding different law sources. Some of them take jurisprudence and Islamic law as the main source, and others rely on situational sources

In this study, we have tried to shed light on the state of electronic documents in the light of the legal acts proof rules. It was found that the legislator’s view point has been changed into written evidence from the traditional concept to the broad one, to include the electronic guide, a desire to develop the legal field in light of technological development, which has been a great impact in the field of evidence, as it prompted the countries in question to give arguments of proof for the electronic document, and put it in one place with the traditional document, therefore this legislative policy has brought about a distinct development for accessing the electronic field and keeping pace with the developments of e commerce, as it is a fertile field for the use of this technique, more than legal acts

The basic interest that the legislator must protect and through which the stability and continuity of society is achieved is not to attack others, whether they are alive and dead and because crimes are a violation of the legal rules that the law criminalizes and are the essence and content of these legal rules, we find that the Iraqi legislator as he legislates a specific legislation, it takes into account the interest which is represented by the satisfaction of a specific need of human needs, which is represented here by the right to live, and not violingat of what is protected from these interests. It is clear that the main justification for the intervention of the legislator to issue legal legislation is the existence of a minimum level of interest, and on the contrary in the case of absence of interest, then the legal justification for the issuance of the legal legislation is absent. Within the scope of criminal legislation, when the law gives protection to a specific interest, then this interest turns into a legal interest and violating it constitutes a crime as in the crime of murder or injury, and an assault on certain rights that are to be determined by the legislator, when the legislator wants to criminalize murder, he/she bestows protection on the interest of the right to live.
The scope of the protected interest in the crimes of mass graves is the acts that achieve these crimes which violate the interest worthy of protection, which is here represented by the crimes that occur at mass graves.So, the aim of this study is to know the nature of the interest that protects against committing crimes on these graves, and to clarify the legislation which criminalize such acts affecting the life and stability of society, as well as to protect evidence from which it is possible to infer the identity of the victims, and the study is divided into two sections

The research deals with President Donald Trump's declaration on Jerusalem in a speech delivered on Wednesday evening, December 6, 2017,in which he announced Jerusalem as the capital of Israel. It is in a historic and dangerous decision that turns a period of decades of American policy that could lead to a new wave of violence in the Middle East. This decision reflects a "new approach" to the Arab-Israeli conflict. Trump thus has taken a decision that all US presidents have postponed since 1995, emphasizing that he only fulfills a promise that his predecessors "failed" to fulfill. The study deals with this decision in terms of its legality and its consistency with the rules of international law and United Nations resolutions, in an attempt to raise the issue for objective discussion. The research is divided into two sections: The first section: Jerusalem in the international law he second section: the legitimacy of Trump's declaration on JerusalemThe research concluded that the decision violates the rules of international law and resolutions of international legitimacy, as well as the Oslo Accords between the Palestinian and Israeli parties under American auspices, and constitutes a threat to a just, comprehensive and lasting solution to the Palestinian case

The protection of civilian and cultural objects and the refusal to direct attacks against them is a pillar in international law to protect them and provide the necessary protection to groups who are not directly involved in the fighting or are unable to participate. Accordingly, international humanitarian law is described as the law of armed conflict, meaning that it is applied in time of war,whether the conflict is international or Not international. States and individuals are obligated to apply the rules brought forth by international humanitarian law, as they are of a mandatory nature, and international humanitarian law has prohibited indiscriminate attacks, prohibits acts of coercion, torture and collective punishment, and prohibits retaliation, hostage-taking and population deportation, and because humanitarian law protects the civilian population in general, it is considered the best method To provide protection to victims of conflict