Journal of college of Law for Legal and Political Sciences

Compensation of environmental damages which caused by oil extraction operations
A comparative study between the UAE law and Iraqi law

It is no secret that the oil extraction operations leave behind residues and trash, which adversely affect on the environment, then harming the environment in different levels and scopes according to the type of trash and its amount. These damages and torts will be affected by the oil company's bindings with disciplines and restrictions in the operations of extraction. With known that any tort to the environment affects directly or indirectly on humans, which drew the attention of most lawmakers to intervene in order to mitigate the effects of such damage and reduce them if possible. There is no doubt that the search in the legislative means to deal with such damage and determining the scope of the damage first, and then the statement of how dealing with it, and in this regard we have focused on procedures and mechanisms established in both UAE and Iraq to prevent environmental damage and to avoid it, as well as we showed the situation of them to deal with the environmental damage that happened.

Plays Leasing important and significant role in the Iraqi economy and revitalize development after the Great Depression that pain by Battabarh good way financing for both companies public or private sector in Iraq, in addition to the great role of the landlord and the tenant and the Iraqi economy alike, but this decade is facing in Indeed, significant legal obstacles on the grounds that this contract is a new recipe on the reality of Iraq and the Iraqi legislation is not regulated by law, or even disconnect in the law in spite of great importance, especially as Iraq is going through the developmental revolution and trying to attract investments, and encourage them, whether Iraqi companies or companies Arab or foreign, which need to be legal and legislative pave the ground for such a giant project. The absence of such legislation in Iraq so dramatically and not keep up with the Iraqi legislation comparison of legislation in such subjects, born great foil for investment companies and the Iraqi non-Iraqi. And try to find the basis for such legislation is so important for all parties

Technology is the pharmaceutical industry compared to other areas of the technology of the vital and complex industries and at the same time facing severe competition. With the TRIPS Agreement and through the World Trade Organization impose high standards of protection for pharmaceutical products by raising the ceiling of protection of the industrial process to the product itself, but the owners of intellectual property rights in the medicine of innovative companies claim that they are facing the challenges and gaps in protection, including the difficulty of meeting the conditions for granting innocence of novelty and inventive step, in addition to marketing approval requirement and required by most states through the provision of efficacy and safety data, which requires tests are expensive and time-consuming, which reduces the actual duration of protection after grant of the patent, added to the fact that some countries, including developing the import of the product before the market in another state without the original product imported from exploiting price discrimination between countries policy.
And developing countries for its part, is the other complaining of strong protection for innovations in this area that came out of the Convention through product protection without the manufacturing process, Most legislation developing countries before the entry into force of the TRIPS agreement was based on the protection of the way the product of drug-making without the product itself to provide medicines at an affordable price to its citizens , either after the entry into force of the Convention and the protection of the product and in the light of the limited exceptions to the protection of developing countries parallel importation process justified on its commitment to protect the right to health of its citizens.
Find the problem lies in a statement over the legitimacy of parallel importation, and does do is an infringement of the exclusive rights granted by the patent. During based on the premise Astvaz intellectual rights of inventors in the field of medicine can justify doing parallel importation by developing countries, where the exclusive rights to the inventor that could collide with the right buyer in this regard can not be the continuation of the goods produced in control after the first legitimate sale in the market. But in order to give legitimacy to the parallel importation must interpret the texts of the TRIPS Agreement on the basis of the exhaustion of intellectual property rights and the adoption of international exhaustion in its legislation through Article 6 of the Convention itself. Eating search problem and the hypothesis above through analytical approach in interpreting the provisions of the TRIPS Agreement in the light of its objectives through the following plan divided into two sections: addressing in the first section of what the product pharmacological, and how to protect it through the patent and touching the philosophy of protection and the challenges facing producers in this field. In the second section we dealt with the concept of parallel importation, its legal basis and the types of parallel importation. Find concluding statement and the experiences of some countries in this area and the possibility of finding solutions to ensure that the parallel importation without a challenge before the trade of pharmaceutical products and ensure the supply of medicines at prices accessible to the general people. The proposal at the same time a fair protection of parallel importation and through contract theory and Streptococcus responsibility without reference to the right of ownership in this regard.

There is no doubt that whenever the legal system in any country airtight configuration and a few gaps had more impact on individuals in terms of organizational and life and was more pronounced because of its state-of-administration organization and deep-rooted in their arrangement, and applies it more than the financial side, but may increase the importance of the rest of the legal systems in the state, for reasons most important of with respect to the state, as this legal system (financial) is what feeds the state with the necessary fiscal revenue for the sake of its public spending, and that the existence of any defect in this system will reflect negatively on what can you get money in order to serve the public interest, and on the other hand will affect individuals psychologically and physical, where there are gaps in these laws will allow some of the tax evasion, which feels the rest they are borne by all of this burden, and material terms will lead to a variation in the tax rate due to lack of careful study of the entry in the state.
Although he can not be any system of human, whatever the accuracy and construction that comes complete and there must be loopholes in this system, but it was important to try every system that narrows of these gaps as little as possible where that whenever I told these gaps whenever the system is this closer to perfection .
And what we tried here that we do is a statement of the nature of the tax system in Iraq and try statement shortcomings that have accompanied this system and especially that most of the tax laws in Iraq are the laws of the past decade and which no longer fit the orientations of Iraq, especially after 2003, as well as differences in tax laws between the center and the region in particular and the Kurdistan region of Iraq has changed in a lot of laws and what suits and legal and economic conditions, which were different from the Government of Iraq for a long time.

Every nation has its own judicial system, but what is important is how to guarantee thee4 existence of an independent judiciary by the provisions laid down in their Constitutions. Hence, the independence of the judiciary is an essential matter to warrant the implementation of the Constitution and its provisions in one hand, and to endorse the legitimacy of the government.In this context, the Constitution of the United States (the U.S. Constitution) has singled out its Article III to determine the legal basis for the judicial authority in appointing judges, their service obligations and the structure of the courts as well as the relationships between the Supreme Court and the lower courts. Moreover, the Constitution has divided the American political system into three institutions; they are legislative, executive and judiciary, without constructing any boundaries to circumvent occurring interferences between the three authorities. This intervention happens particularly by both the executive and legislative with the political affairs of the country, which is considered as a major dilemma of This research, thus, focusses on the independence of the judiciary, its tasks, approvals and the constitutionality of laws enacted. In fact, the U.S. Constitution did not put solutions for the conflicts occurring between the President and Congress in the political arena. This is to implicitly safeguard the existing balance between authorities, and to achieve objectives planned for. The researcher will conclude from this study on the judicial system of the United States the following three points:
1. In the past, the independence of the judiciary and the emergence of a strong judicial system had a significant impact on the course of the application of the Constitution. Besides that, it was backing of the authority of the Federal Constitution (Federal) and the constitutionality of laws and in general to respect the legal principles. In fact, before the year 1803there was a principle called “right of cancellation”, which means every state has the right to prove the invalidity of all legal texts contrary to the Constitution, and to accordingly bring the application of that legal text into an end. This principle is based on the idea of the validity of each State as a member of the Union and by their respective legislative could determine whether or not a violation of the Constitution had occurred. However, in 1803 the Supreme Court of the United States of America issued a judicial decision (by Chief Justice John James Marshall who and served as minister in the government of President John Adams), to reinforce the principle that in the event of a conflict between the Constitutional provision and the ordinary law of a particular case is presented to the judiciary, the Court has the power to implement one of the following three options: Firstly, to validate the contradiction between ordinary law and constitutional provision; secondly, to choose either one; or, thirdly to give preferences to the Constitution, and to disapprove ordinary law. Nonetheless, if the judge acted otherwise, his action was to be deemed in violation of the Constitution.
2. The United States laws are valid laws which in fact contributed to the success of both the judicial system and to the stability of democratic government in the country.
3. The distribution of major powers in the Constitution of the United States had been in accordance with the objectives set forth by articles 1,2 and3. This is to formulate the general framework which can guarantee the existence of the legal text between the authorities, and to ensure the continuation and suitability of the legal text for all conditions, but with no effect to the power of the Federal Union and its function in each authority particularly the judiciary and its independence.

The concept of – Value of water – is more complicated than the volume of financial and economic evaluation , and It includes other social and cultural and historical and environmental dimensions .
Iraq must oblige with the basics of Islamic Doctrine and principles of International law to offer the sources of his International water from the neighbor Turkey , and the Iraqi Decision maker must oblige politically and joining in following new programs on higher levels to evaluate the water resources and It‘s development and doing Campaigns to improve the general awareness and re-active the cooperation between the administration and people and establishing societies and associations for water users and joining private sector in management .
The Iraqi Decision – Maker must understand that the negotiation must be done on the basis of different advantages exchange ( Iraqi Oil in return for water coming from Turkey )that must be with clear properties strategic and many cause to treat the shortage of water resources in limited period , but it must transfer to pressure paper by origin country – Turkey – through the visible future particularly after establishing excess Turkish Dams and Tanks on Tigris and Euphrates rivers , and last one is Aliso Dam , and after the world saw the oil on year 1973 not only as essential Good but also basic condition to the stability of International economic , this vision was being used clearly on water in dry regions such as Iraq .

Regional and international repercussions of the Crimean crisis between the evidence of history and Russian controversial conflict - U.S. of influence areas ."
The Ukrainian Crisis Reflect Clearly International Competition of Influence Areas, and Confirms That in spite of obsolescence Ideological Contradiction Between United States And Russia Disintegration Union Soviet, Although Interests Presence And understandings Joint Between The two countries, But The Civilization Contradiction Still Standing Between them. So The International Conflict Will Continue Between them and Will Be More clear In Russia Bio Area which represented In Independent Association States , Where Second oil Greater Reserves After middle East In Caspian Sea . The Conflict In Future is Conflict on Energy Resources .

To confirm on the concept of the peaceful coexistence and united country in order to survive the united Iraq . This can be achieved through relying on the constitution of the country of 2005. To work together to fight terror through national consensus by all parts of the Iraqi society and all other supportive institutions. To develop the federal system to rule the country which is approved in the constitution, rather than going back to central system . It is necessary to build state institutions and getting benefit from all skills rather than running the country on the bases of sectarianism and political bases. The religious figures would be able to take an active role to organize conferences and dialogues and emphasis on an important point which is the role of religion in the process of tolerance and the concept of generous and love. The media outlets broadcast programs would help to improve the process of tolerance and democratic culture and its practices.
The civil society and pressure groups should be active to observe the policies of the institutions of the state in general and on the implementation of the laws and instructions.