AL-Qadisiya Journal

Confidentiality is one of the main advantages of international commercial arbitration, which plays a pivotal role in the success of the continued success of arbitration, in contrast to the principle of disclosure in the ordinary judiciary. Despite the clear general acceptance of the principle of confidentiality, there are no widely accepted rules adopted and followed with regard to the extent of the obligation imposed by the persons committed to confidentiality in arbitration. These obstacles, although the general trend of scholars and practitioners towards assuming confidentiality, but there is a separation between this assumption and the reality of repeated disclosure. Therefore secrecy often faces considerable challenges to make the arbitration sessions public or extend to demand the publication of the award, or even use the arbitration material in a subsequent lawsuit or disclosure in response to the public interest. These data may constitute one of the causes of conflict

It was a principle that was popular in France. At the very least decades of time, the silence of the administration means rejection can exceptionally is acceptable, but in the opposite the latest legislation, including legislation, Egyptian and Iraqi administration did not adopt the general principle explains silent as in France, but the law is different between these two states: firstly, explain the silence was rejected the request, but secondly, was interpreted it acceptance. Other hand, this technique as the cause of a serious threat to individual rights and guaranteed that protection by law. So a French Legislator has a significant change in its attitude towards the traditional interpretation of the silence of administrative, through to change of the tradition principle, and change the exclusion is principle and the principle is exclusion by interpreting the administration silent is exceptionally, but the accepted can be rejected. The main purpose of this research was to study the possibility of the evolution of a new principle of the administration silent is different from the traditional principle, as well as discovery materials applied in Iraq, to ensure the rights of individuals, enhancing confidence it in the administration on hand, and enough right to go the Courts to achieve the restoration of rights on the other hand, and does not enters to impair the interest of the administration.

The Constitution determines the general framework of the political system in the country, by determining the public authorities and how they formed and their relationship to each other and their relationship to individuals and ensures the balance between them in each of them exercised its powers and terms of reference without going beyond the powers of other bodies, therefore the Constitution appears as a highest law in the state and should be guaranteeing them the respect andthe governors and the governed is subject to its provisions, and despite the fact that the Constitution is defined as the legal framework for political appearances, but that in some cases the issue of dealing with him often subject to political circumstances and developments in the country. To pass a law toSpecify the duration of the mandate of both the President and the Prime Minister and the President of the council of Representatives No. 8 for year 2013 by the council of representative as the anthers of the legislative authority has been issued under the circumstances and political pressures at this time in Iraq. The content of that law talked about the organization of positions of the three presidencies in Iraq (the President and the Prime Minister and the President of the House of Representatives) which related determining the mandate for four years, and each has to hold this position only for two terms. At the time that the important topic about the Iraqi positions sovereign in the Iraqi constitution of 2005 indicate clearly for each of them, and passed by the Constitution is that the President has no right to take this position for more than two terms only, but which related to the Prime Minister and the President of the council of Representatives, the Constitution did not put any restrictions in connection therewith to be managed to keep them from running and filled or take over those positions for a third time or fourth.
Given the importance of the content of the law which we have referred, which related organizing the positions of presidency of the three authorities in Iraq, which is located in the base (origin) within the Constitution tasks where it was not the Iraqi constitution without attitude toward this matter, but had a clear attitude toward that status command Like the other constitutions in a parliamentary systems, so we have tried in this paper to talk about the constitutional level for that law and show the legal aspects that fit and as well as conflict with the Iraqi constitution.In order to carry out the research from a scientific point we divided into three sections, we talked in the first section in general on how to develop and identify the three presidential positions in Iraq and that from the perspective of the Iraqi constitution and the constitutions of some countries with parliamentary systems, and we explained in the second sectionthe aspects in the law which related to determine od mandate of President of the Republic The Prime Minister and the President of the council of Representatives No. 8 of 2013 and that are consistent and fit with the Iraqi Constitution of 2005, while the third section was dedicated to clarify and shows the legal aspects that are inconsistent with the constitution which does not fit with him, and we explained in this Section the attitude of Iraqi Supreme Federal Court's about unconstitutionality of the law and based on the decision by the Federal Court No. 64 for the year 2013. In the end of research we addressed to the conclusions to the constitutional and non-constitutional aspects of this law.

I first international law and since the early great attention to issues of nationality, because of its close association with the state a person of public international law, it has sought to legalize some of the subjects related to the general theory of human rights, and to try to unify its issues between states to a void some of the problem arising from the uniqueness of each country to organize their nationality, and so by setting general rules are important national legislator source. With regard to the nationality of a married women, she is on of the important topics that tried to international law to find solution, because of the different conditions in the domestic law system between sexual and unity in the family with a weighted to the nationality of the husband as the sole head of the family, the modern theory that ensure the independence of citizenship, and the consecration the principle of individual will to choose the nationality of the other spouse, and no doubt its importance in the lives of individuals within human societies, is necessitated us chasing in terms of how to guarantee and protect them, and put them into practice in light of the various charters and legal documents.

The Applicable law of electronic contract: A comparative study between law and Islamic Shereaa’.
The physical existence of contractual parties in one place represent a basic rule of contract which is known as “council of contract”. However, this rule cannot imagine its existence in present time because of the rapid development in communication methods which have a high speed and diverse. Theses communication methods make the whole world like small village. Therefore, the people can make many and different due to these method of communication. According to that, the “electronic shopping” or “internet trade” or “electronic trade has emerged and become popular. The electronic shopping made by electronic contract. The electronic contract raises many issues which is worthy to analysis and discuss. The applicable law one of that issue. Therefore this article examine this issue and answer the questions that what law should apply on electronic contract and which competent court has the authority to settle the disputes between the contractual parties. In addition to that this article discuss whether the general rule of applicable law is suffice to applying electronic contract or not. Particularly that some countries does not promulgate legislation involvement on electronic contract such as Iraq. Therefore the author discuss all these issues and suggest some solution to these issues.

The most important technology witnessed by humanity over time was electronic technology, specifically computer technology, and other electronic devices with read screen, which became more important as a result of communication with other means, the most prominent is the global network represented by the Internet, which made these computers as well as electronic devices with a screen read an important role in providing a better life for the community as a result of the increasing use of personal and professional levels in the storage of electronic information, whether personal life or economic activities and others.
But at the same time, this importance caused the emergence of different forms of electronic attacks on this information, including visual capture, which is to view or read the information contained within an electronic medium such as a computer screen or mobile and then capture this information visually or mentally from the screen.
Based on this, the intended capture here is done by looking without relying on any electronic means to achieve understanding and awareness of this information. The opinions of jurists differed regarding the legal nature of the crime of visual capture of electronic information in two directions, which are explained in the research folds. be seen:
The first trend: This crime is one of the forms of crimes on money on the grounds that the electronic information, although of a moral nature, but has a material value may reach millions of dollars.
while:
The second trend sees it as a different crime require special processing texts, this was necessitated by the legislator to consider a visual capture crime of electronic information the availability of some of the assumed conditions before the establishment of moral and material bases. The legislator required that the crime of visual capture of electronic information fulfill some of the presumed conditions prior to the establishment of its physical and moral bases. These conditions include, first, that the information obtained from an electronic medium, and secondly that this visual capture is unlawful.

It means the constitutional protection of biodiversity constitutional recognition and protection of biodiversity through the text explicitly on this right at the heart of the constitutional document, and the referral is organizing substantive and procedural rules required for this protection to ordinary law enacted by the legislature and is committed to all authorities and individuals to respect it, with all the contained biodiversity Categories genetic exist for all plant and animal species and genetic resources and ecosystems that belong to this species.
And when they can be to the adoption of the constitutional protection of the species diversity, the same is meant self-interest in the state's natural resources and wealth, safe working and make it the risk of depletion, leading to ecosystem maintenance and keep it balanced, does not suffer the imbalance, and the ensuing results are achieving the principle of sustainable development of wealth and natural genie as well as the embodiment of the principle of preserving the future of coming generations.
In order to achieve this goal and to take aspects of the topic we divided research into two sections and a conclusion, we examined in the first section of what constitutional protection of biodiversity, and we have dedicated the second to demonstrate the intellectual and legal foundations of the constitutional protection of biodiversity, we have followed in our approach to analytical comparative study, which was limited to the Iraqi constitutions focused the Constitution of the Republic of Iraq for the year 2005, with comparative models constitutionality of Abyei and foreign.
The Esteban us from the research that the main base in creating an effective system for protecting biodiversity is explicit enumeration at the heart of the constitutional document on the necessity of protecting biodiversity, and the referral is organized into independent by law enacted by the legislature to ensure that the executive branch, its application, and that this protection acquire to promote environmental education and respect for biodiversity as an internationalist become standard recently to measure the degree of urbanization of countries attended.
The conclusion of the research Oodanaha results that we have reached and proposals that focused on some of the amendments on the legal provisions contained within the vocabulary of research and we hope that the Iraqi legislature to take them

In this paper titled ( The role of constitutional Judiciary in sustain doctrine of legal stability ) we try to focus on the means of constitutional Judiciary by which he achieve that doctrine. The doctrine of legal stability. In the field of monitoring constitutionality of laws; the doctrine of legal stability have a high value to law makers because its contribution to protect individuals from the endangers by legal rules instability and the possibility of repeated law amendments and abolishment ,they try to reach their aims by constitutional and legal instruments to pay attention to the monitoring agencies.
Also in constitutional Judiciary , The doctrine of legal stability related to legal consequences of to the verdicts of unconstitutionality with its time space. Also the role of constitutional Judiciary exceed legal texts to the power of the judge to issued verdicts avoid by it the rule of unconstitutionality for many reasons one of the is maintain legal stability.

The phenomenon of corruption is one of the most dangerous phenomena faced by countries and especially developing countries, which result in paralysis in the construction and economic development process as it involves the destruction of the economy and the financial and administrative capacity and thus the state deficit to meet the challenges of age and reconstruction and infrastructure necessary to do.
On the other hand, that this kind of corruption is a most dangerous it is devastating to the development process to play the depletion of resources and capabilities, and the imbalance in the infrastructure that underpin the development process and lead to a threat to state sovereignty to Stanih of large debts to their inability to achieve adequate products to fill those debts and to achieve growth acceptable existence level.
It is worth mentioning that the phenomenon of corruption and special administrative not only with secreted of the downsides to a certain sector of society, but rather extends raised to affect all members and sectors of society, so that it has a direct impact on the country's economy as hampering economic development, as well as they lead to the disruption of social structure community, and working on individual habitual practices are rejected by every community who wants to maintain between the values and principles, as well as their impact on the political life differ in terms of political rules of the game and bring out bodies dependent on capital control and bribery systems.
This phenomenon has attracted the attention of many researchers and interested There was consensus on the need to develop and establish an institutional framework designed to restrict the size and combat this phenomenon through the steps of serious, concrete on different forms and manifestations and in all areas of life to accelerate the process of economic development.

is one of the overall economic development tools investment and vary the degree of importance from one country to another, depending on the importance of the role expected of you are dealing with the host country with this investment also became foreign investment scale for the development of countries and index capabilities in all fields, particularly economic, playing investments an important role in promote economic and social reality of the countries attractive for investment, in any case, developing countries today are in dire need of this tool,