Journal of Legal Sciences

Responsibility to protect become today one of the most important principles due to the massive violation that faced the civilian population during the wars and the national conflict, there are even more violations are acquiring nowadays by the terrorist or by militias, the responsibility to protect allowing to the international community to protect the civilian when their state was unable or unwilling to protect them, the intervention include a large variety of tools and procedures that start from diplomacy procedures, coercive procedures and in extreme cases military intervention authorized by the security council, the scope of the principle is limited to committing mass atrocity crimes namely war crimes, crimes against humanity, genocide and ethnic cleaning .

A foreign investor may be exposed to non-commercial riskby the host state of investment that may expropriate forcibly the foreign investor ownership, and this is what worries the foreign investor and weakens his guarantee in the investment. The existence of such measures is an indicative of the non-favorable climate for investment, and the action of expropriation at the same time by the host state of the investment is a part from sovereignty of the state, so it must be there agreement between the right of state in expropriation of ownership, and the protection of the foreign investor from such measures.So, bilateral conventions have been put to encourage and protect foreign investment, which are the most effective means of domestic legislations and collective treaties to protect investor and achieve a balance between the two principles. These bilateral conventions have acknowledged for the state the right to expropriate the foreign investor ownership according to terms; Expropriation of ownership should be for the public interest, without discrimination, and in return for fair compensation to ensure and protect the right of the foreign investor

This research deals with the issue of constitutional shootout interests which are connected to the philosophy and ideology of this Constitution or so, especially the legal idea prevailing, and this sense, the constitutions contain a number of interests that may equal each other in important or the other in conflict, one of them may precede if this interests conflicting that arises is how to contain the constitution on the conflicting interests? We say there would have been three authorities, each of which is trying to impose its hegemony on the other, claiming, what is known as the principle of separation and takeover of the authority of the range of powers at the expense of other authority under the hammer of what is known as the emergency law or martial law or even the theory of necessity. Inevitably it will receive what may have dire consequences of the conflict of interest and that there is diversity within the constitutional document in the objectives and powers and the latter will reflect on the diversity of interests and this will lead to wrestle constitutional interests.

Salient feature of the international community today is the proliferation of different types of international organizations, And working in the fields all international, International law is the law of States and international organizations, The importance of international organizations in the community and the need to organize the various issues and issues of concern to the international community, Aside from the jurisprudence is not the decisions of these organizations sources of public international law because the text of Article 38 of the Statute of the International Court of Justice on that, Likely have a lot of international jurisprudence and demonstrated the international practice that some international organizations and decisions issued by it can be configured as a contributing factor in the formation of international legal rules for its role in supervising the holding of international conventions and normative preparation for their conclusion or contribution in the formation of customary international law.

Producers of goods and services is seeking to define their products pre-market audience of consumers, but these producers are not in charge of this process on their own, but by people who do promotion through trade fairs and industrial and tourist of different types display of goods and services variety and this means that the regulator exhibitions is someone who specializes professional carries on business aim to make a profit from behind the residence and organization of exhibitions specialized as an example, this person does not know nor promoted for its own products while he is representative and agent for these producers at the show, who is organizing.

This subject is considered as one of the most important subjects due to the new mechanism for settlement of dispute of the constructions contracts, and the effectiveness of these new instruments for such dispute away from the long time and complicated procedures at the courts.This study deals with the formation of the committee and the description of it, and the mechanism of assignment of the dispute to the committee, and the nature of the decision which the committee issues and the right of the parties of dispute for objection.This study involved with the assessment of the committee (positive and negative). Finally how the committee can be resolved and how the members can be terminated.This study come finally to some recommendations the importance of them, how to aware of how it is important to settle the dispute by this mean, and to give the resolution the force to be executed as any judicial resolutions, and to decrease the time for resolutions issuing, and how to disqualify the members of the committee to be insure of their maturity and how to choose the members according to their expertise.

The emergency declaration made by the competent authority to meet the exceptional circumstances threatening the Entity of the state. the countries differ on the judiciary control to the emergency announcement . So the modern trend of the French Council of State tends to made the emergency decision AS sovereign decision, while declaration of emergency Subject to the control of the judiciary FOR respect for freedoms and public rights in the United States , and in Egypt also subject to judiciary supervision to ascertain the availability OF reason.the Iraqi judiciary TEND TO MADE THE Emergency announcement as acts of sovereignty Related the government and other authorities.

The main theme of the present study is to identify the major schools of thought with respect to the theory of new lex Mercatoria, and international legislation, transnational practices , and case law.Applying lex Mercatoria the parties avoid rules which are unfit for international contracts, e.g. peculiar formalities, brief cut off periods and special difficulties created by domestic laws. In addition to that, neither of the parties has the advantage of having the dispute governed by his own law .since one of the central rules is the principle of good faith and fair dealing, lex Mercatoria neither leads to arbitrary results nor does it favour the rich.