Journal of Researcher for Legal Sciences

The danger of environmental pollution is a danger of a special nature, where it is difficult to attribute the pollution to a certain person who would be responsible for compensating the arising damages. Consequently, tort liability rules cannot to apply in such case, especially in regard with damage to the natural elements of the environment. Therefore, this research aims to explore the most suitable means to deal with the pollution, which affects the environment, causing harm to human beings and the environment, whether by decontamination or at least mitigating its harmful effects on humans and the environment, and in a way that restores the ecological environment whose balance has been disturbed.

Acts of unfair competition consider the most significant infringements of the elements of industrial and commercial property, which consequently limit the rights of owners and operators. This has led the Algerian legislator to adopt a view, which is opposed to that which calls for decriminalization in the field of competition in general, where it criminalizes acts described as unfair competition, including those, which violate elements of industrial and commercial property. This view is indicated in the provisions of the law no. 04-02 relating to the specific rules applicable to commercial practices, which deals with the material aspect and the procedural aspect of this offense by attempting to clarify in particular the characteristics of the trial and the sanctions related to unfair competition

Documenting history is one of the most important sciences known to ancient and contemporary nations and societies، because of its importance in documenting the conditions، events، facts and personalities that they passed through in the record of these nations، and had prominent features in the civilization of each of these nations، in every place. It connects the past with the present and connects it to the future. And since the responsibility that the historian bears is a great one، on the social، moral، legal and civilized level of each country، the historical material may be mishandled، modifying، distorting or contradicting the truth for various purposes، and given the consequences، effects and damages that leave their clear effects in the lives of people Nations and peoples، and because there is no special legal organization that regulates the legal status of the historian in terms of his rights، obligations and the limits of his civil responsibility، so we decided to present a study on this subject from the scope of our specialization، which is civil law، while not neglecting the other aspects required by the research، by referring to the general rules stipulated in civil legislation and other relevant legislation، in Iraq and some other countries such as France and Egypt، so that the historian has a guide to work، and the victim has an accounting guide.

The problem of conflict of laws on issue of bankruptcy in general and on the procedures might be taken after the issuing bankruptcy judgment in particular does not arise if the bankruptcy does not include a foreign element. The problem represents in determining the applicable law to procedures is in the case if there is a foreign element in relation to the bankruptcy, as if the debtor merchant whose bankruptcy is to be declared holds the nationality of a foreign country, or if the creditor is foreigner, or the merchant’s money is distributed between two or more countries. The problem of defining the law applicable to bankruptcy can arise in one of these hypotheses because the procedures are linked in this case to more than one legal system. However, often the applicable law in such cases is law of the country in which the bankruptcy judgment is being implemented on the stages of debt submission and debt realization, the powers of the bankruptcy trustee and the precautionary procedures that are taken by the bankruptcy trustee, with the exception of the issue of the handcuff the debtor merchant, which is governed by the law of the location of money.

The Federal Public Service Council in Iraq is one of the most important independent bodies. It is stipulated in section 107 of the Iraqi Constitution 2005 to take over regulating the affairs of the federal public service. The constitution left the regulating the formation of the Council and determination of its functions to a law enacted by the legislative authority. Indeed, Federal Public Service Council Law No. (4) Of 2009, was issued to elaborate the details of this vital and important council.
The Public Service Council has been re-worked due to the urgent necessity in light of the absence of the essential standards in the field of the public employment, and what is related to it and the injustice that befallen different segments of the society member. further, and the need for a body that regulates the affairs of the public employment, and sets the essential rules on the basis of competence and professionalism to achieve the public interest. The existence of an independent body that guarantees the achievement of social justice and transparency has become a necessity, and therefore hopefully the Federal Public Service Council to achieve this.

States are making various efforts to control the international spread of infectious diseases, which is the primary responsibility for reducing the spread of diseases and epidemics. Regulations have been enacted as strict rules to deal with health crises to achieve global health security. Here, it is the responsibility of the international community to implement health systems to achieve health security, including States, to help protect the human self. Therefore, it is necessary to discuss international responsibility for the disruption of global health security, to reduce health threats and strive for human well-being. In order to shed light on that, we divided the topic into three demands. In the first requirement, we dealt with international obligations to protect global health security. In the second requirement, we discussed the legal basis for international responsibility for health damage. In the third requirement, we touched on the responsibility of countries for violating global health security.

Enacting legislation is necessary to confront a danger that threatens the security and safety of the society, whether the danger is directed against the persons themselves, financial rights, or anything else that is considered one of the essential components of the continuity of human life. Spreading peace and security and minimizing conflicts in the society is required for achieving development in human life from different aspects including; political, economic and cultural aspects. So that, criminal legislation criminalizes actions that affect negatively on the integrity of social security, through legal texts that punish actions and behaviors that threaten the security and stability of society. For example, The Iraqi Penal Code includes several crimes targeting and threatening peace and social security, as it stipulates the criminalization of everything that provokes a feeling of hatred and resentment among the various groups of the society, such as religiously, ethnically or sectarian differences, as well as it penalizes anyone who provokes civil war and sectarian fighting. As the crime is realized as soon as the perpetrator commits a criminal action that aims to provoke a feeling of hatred or civil war and fighting, even if the result is not achieved. Accordingly, the Iraqi Penal Code asserts providing the necessary protection for the society and regulating the relations between its members, sects, or its multiple components, especially since the Iraqi society is multi-sectarian. It stressed the punishment for every attack targeting any group or sect basing on religious, ethnic, or sectarian affiliation.