Basra studies journal

The civil procedure begins when the plaintiff presents a lawsuit to the judge it is ended by issuing the adjudication. The fair adjudication is the purpose of the plaintiff from his lawsuit, but to reach this adjudication is not easy because the dispute which is submitted to the judge including a group of elements, the productive and nonproductive events, defense and attack means. In addition, it includes legal rules of generalization and divestiture which tackle with number of unlimited events since these events are specific and they have their own uniqueness so the judge should put these events within the rule of these text, the subject may be easy or difficult and it is all based on diligent and opinion which is called adaptation, then reaching the fair adjudication is not easy for the judge so he finds what is called litigation characterization which is considered as the judge means to apply the law provision on events.
Civil procedure consists of two elements which are the reality and law which consider as the wings of civil procedure. The litigants shall present the facts to the court and prove them and the judge's task is to give those facts a legal name: in other words, it means to take them back to lawful rule that is necessary to be applied, which is known by characterization and then the false characterization happens either the litigants as a result to the lack in identifying the facts or unfollowing the proof procedures of the law.
Lawful characterization as a general rule is the court duty which means the judge shall characterize the lawsuit correctly leaving the litigant characterization aside so that the false characterization happens because of the court, because the lack of precision of litigation appointing or the fault in applying the law provisions and other law rules.

Oil pollution still makes an environmental problem despite the fact of legislating special laws in addition to the coercive laws to lessen its environmental effects on all aspects of the environment and living beings. The Iraqi legislator tended to legislate a set of texts to treat and provide penal protection for the Marine environment against oil pollution, which made the researcher anxious to investigate the comparative environmental legislations to see the adequacy of protection provided by the Iraqi legislator for the environment as it is the subject of penal environment. The environment is being looked upon as a worthy area of service, and although combating oil pollution has witnessed international and national interest, it has not seen successful solutions for the problem. Iraq, rich in oil fields, still suffers from pollution caused by companies working in exploration and excavation. The inhabitants close to the exploration areas suffers from a number of diseases due to these activities and works and because the workers in those activities do not follow the measures, constraints and the required environmental treatments. As such investigating the adequacy of the penal protection of the Marine environmental legislated by the Iraqi legislator forms the problem for which the researcher tries to find solutions and suggestions.
It is worth mentioning that the researchers were motivated to look into the penal protection of the Marine environment through studying Marine environmental concepts as they constitute the subject of penal protection and oil pollution. The researchers were also keen in pointing the legal foundation of this protection, studying samples of criminalization made by oil pollution and the responsibility of individuals and the legal consequences of this responsibility in the samples chosen as a basis for comparison (the French, Egyptian, Emirati, and Saudi) legislations as they represent advanced legislative models in the area of environment protection. The researcher concludes a number of results and suggestions hoping the study will enrich the scientific library and lessen the effects of oil pollution.

Letter of Credit considers one of the tools of contemporary trade which been produced by distance trade that is the most common and safe method in settlement of commercial transactions as well as paying the prices - The price of the goods - in the import and export business. Both partners (Seller and buyer) of the contract might be from a distant country, so that the buyer cannot receive and check the goods at the same time that the seller has earned the money. This is often the contract associated with the maritime business which is done in transportation of goods by ship. Although important those sales are accompanied by problems impede its implementation process, So the banks intervened as a primary factor in international trade operations to regulate this process by letter of credit which depends on the given letter. In its dealings with the partners of the contract where they are traded between overlapping banks in the implementation of the letter of credit. The beneficiary can be assured through these letters of receipt of the price of the goods if they meet the accreditation requirements which allow some people to commit fraud to harm the rights of others. It is despite everything all the advantages and benefits of L / C contract but it is at risk of fraud. This is the result of evolution in using of machinery which made it easy on the parties to fake forged documents and use them in process of Letter of credit.

The study seeks to determine the responsibility of coastal countries and other non-coastal and geographically affected countries by marine pollution in the exclusive economic zone. This area was created by the UN Convention on the Sea (1982) and has a special legal system that distinguishes it from other marine areas. Analytical and arrived at a set of results and The most important recommendations are:
(1) that coastal States have absolute jurisdiction over the protection of the marine environment in the exclusive economic zone as they have jurisdiction under Article( 56-1-B-3)) of the 1982 Sea Convention, whichmakes them subject to several obligations resulting from their breach and violation of their international responsibility For all types of pollution in the exclusive economic zone. In accordance with articles (210-211-220) of the said Convention. (2)The need to develop and define the rules of international responsibility to make them more harmonious and effective and achieve deterrence and reform at the same time and be commensurate with the nature and specificity of damage to the marine environment.(3) The need for new international legal mechanisms to reduce violations and breaches by States of their international obligations relating to the protection of the marine environment from pollution, in particular coastal States, of their mandate to protect the marine environment in the exclusive economic zone. (4) To give more jurisdiction to the coastal State at the expense of the flag State in its exclusive economic zone for the implementation of its legislation relating to the protection of the marine environment in that region.

The right of the participation of individuals in political life is one of the rights that contemporary states seek to remove all obstacles that limit or their exercise. The nature of the electoral systems plays a major role and The state and government authorities exercise multiple roles in the success of elections, Which adopts a democratic approach as a means of peaceful power-sharing.
The choice of the type of electoral system by the legislative authority in Iraq is governed by two factors: first, to take care the constitutional foundations that respect the political diversity and multi-partyism; and second, to ensure that the representation of different religious beliefs and ideas and religious and national affiliations is achieved on the basis of equal opportunities in order to achieve the principle of equality for all The right to political participation whether in the nomination or the election.
This paper will shed light on the objectives of the electoral system, which was followed by the Iraqi legislator in the amended elections law of the Council of Representatives No. (45) of 2013, showing the legislator's success in achieving political and party pluralism in the rules that apply to the procedures of the electoral process Political participation, and the extent of guarantees that are available in the impartiality and impartiality of the supervision prescribed, especially since the previous electoral systems did not succeed in creating a real balance between the legislative and executive authorities or achieve a balance in the political system between the ruling majority and the opposition.

The national elections have been a vital part of democratic transition, decolonization and the implementation of peace and stability agreements all over the world. Since its inception, the UN has been concerned with the promotion and protection of political human rights, especially the right to be free and fair elections. International peace is the ultimate objective of the United Nations, contributing to the drafting of many international instruments to ensure these rights, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and many other documents. In addition to the international conventions that confirming the human right in the peaceful transfer of power through free and fair elections. As well as its great role in international control on national elections to confirm this right.

The legal organization of the General Authority to ensure the rights of regions and governorates not organized in the territory has been reformed in order to ensure the constitutional and legal rights granted to the regions and governorates not organized in the territory. The task of the General Authority is to activate the participation of local bodies of the central government in the management of those regions or provinces in accordance with the regulatory framework and legal. Through the adoption of the law of the General Authority to ensure the rights of regions and governorates not organized in the region No. 26 of 2016 and address the problems and constraints facing local governments to enable them managing their affairs to ensure the development of services and create a real partnership between local governments and the central government in terms of administration.

The discriminatory intervention fulfills the interest that the legislator envisaged in approving this authority and granting it to the Federal Court of Cassation as a court of law. At the same time, it monitors the legality of the procedures followed by the specialized courts and the legality of its findings, which is reflected positively in not excluding criminals from punishment and thus achieving criminal justice In its highest form.
Despite the importance of the discriminatory intervention, the Iraqi legislator did not provide it in an integrated manner. Article 264 of the Code of Criminal Procedure No. 23 of 1971To intervene in a discriminatory manner, without stipulating the number of requests for intervention, so as not to lead to abuse of this authority through repeated requests that are understood to delay the settlement of the case. No time limit has been specified for exercising it. However, there are no explicit legal provisions governing this right. The importance of this study will focus on the subject of discriminatory intervention in Iraqi law and in order to address the research in the best formulations and legal solutions, it has been divided into three sections. The first section includes the definition of discriminatory intervention. We devote the second section to study the interest of discriminatory intervention and its conditions. W cases of discriminatory intervention before the specialized courts and its effects.

Overlap Penalty considers an exception on a base of a multiple punishments with multiple crimes. We have outlined the positions of some legislation with showing of Iraqi legislation's attitude. As well as we explained the authority which can implement it and it's a close link with base of multiple sanctions. This issue has a very important among topics of the Criminal Law, so we will defines the overlap of the punishments and the conditions of their applications well as the position of the Iraqi legislator with some comparative legislation.

Organizes civil liability for maritime workers considers an important topic due to the magnitude of risk which entails the breach of the maritime worker by his/her contractual or legal obligation and for lack of legal texts which regulate responsibility of the maritime worker in Iraq. The general rules apply in civil liability Contained in the Civil Code which may be contractual or negligence responsibility. Its achieving is caused commitment of the maritime worker to compensate the injured person whether from third parties or the employer compensation in kind or in cash. But this responsibility may go away even though they have been achieved in cases that law is its source or by agreement of the parties in contractual responsibility.