AL- Mouhaqiq Al-Hilly Journal for legal and political science

The corruption in all its forms is a dangerous phenomena faced by countries, governments and peoples, and threatens the security of communities and their lives and their stability and development, the corruption destroys economy and the finances ability of the state, threatens and violates the human rights enshrined constitutionally becomes unattainable by individuals easy to abuse by corrupt, if we look to the Constitution of the Republic of Iraq in 2005 , we found it has included many of the rights such as economic, social , political and other rights, we decided to look this topic and within the three sections , we have allocated the first to demonstrate the concept of corruption and its relationship to human rights, and a statement of some applications, the impact of corruption on human rights contained in the Constitution of Iraq in 2005 , and the third section has dealt a means of protecting these, then finished research by conclusion included the most important findings and recommendations

If the state has the right to conclude as many international conventions to holdings of sovereign and with its legal personality, and this is what was expressed by the Vienna Convention on the Law of Treaties in article VI, but that is not absolute, but that say otherwise, is not unacceptable and inconsistent in practice, there are restrictions respond to the Sultan will of the state to conclude international agreements, and those restrictions not violate international public order which requires say that should come the rules that emerge from consistent with the rules of international public as a restriction imposed by international law on the freedom of nations at the conclusion of international agreements in order to take into account the interest of the international community, or the second party of good faith, otherwise they will bear the international responsibility when you violate these restrictions.
Usually, the system of international public on a number of parameters, are restrictions on the freedom of contract, even gaining dispose of legitimacy from the standpoint of international law, and then the State in whatever form and units of the Interior observed, because the units are part of the legal construction of the state and the effects of their actions legal GOES them, because they are addressees to the provisions of international law without units.

There is no doubt that the banks have a significant role in the national economy of the countries across the world, as the merchant (natural or moral) can not often that does its work business without the support and the support of banks, and in light of the economic downturn faced by Iraq and the keenness of the state to encourage the private sector to lead the process Economic Development urges state banks to grant credit to its customers in various forms and extending a helping hand and help them in case of exposure to significant financial difficulty, the merchant needs to banking services Kaltsuhalat and guarantees, loans and cash advances forms and the schedule different in the case of conducting its business is in the financial center is good, it is the door first needs to support in the event of passing financial difficulties and economic therefore forced to resort to banks in order to help him and improve its financial position, and if this thing will realize positive impacts in terms of the development of the national economy and encourage investment and reduce unemployment and so on, but it could lead to negative consequences for the the bank also through the responsibility of the civil, administrative and criminal if he opened the adoption of the client is not intended to save the client from the slump and its crisis, but to hide his condition deteriorating financial and prolong the duration of his business in a manner contrary to the fact that its financial and economic, and the same thing applies in the event of a bank to renew Open reliance by him previously or increase the amount of his or increasing reliance duration without reasonable cause.

Due to the legacy of scientific and technological progress of the wide gap or a great variation between the professional and the buyer's search has become the latter lacks the experience and knowledge of technological and industrial for these goods and products to the content of the complexity of the installation and high accuracy in their uses, and the consequent difficulty of checking the conformity of products the time of sale the specifications vowed seller Bogdaa in Sales or as required by the buyer of certain qualities in Sales, that are available may be more fulfilling to its needs, and as a result of this disparity of knowledge and economic cooperation between the seller and professional buyer emerged the need for ensuring compliance, and in the light of that provided by this guarantee of protection for the buyer he is not confined to the contracting requirement in their contracts, but extends and expands to include as determined by the legislature of the provisions for the protection buyer who is incapable of that requires the presence of some of
the specifications in the sales so he can satisfy his needs, which
is the oldest hired for.
So must oblige the seller to hand over something identical with those terms and conditions mentioned in the contract expressly or implicitly, where seller shall deliver sales conform to the specifications referred to in the contract, or set forth in the rules of law, and must respond Sales for the purpose of, or intended buyer of the contract. And when peace seller selling conform to the specifications agreed upon, the seller gets rid of the penalty violation of the obligation to extradite non-conforming, even though the thing sold in poor condition, as the ill, have been taken into account when determining the price, worth mentioning that the specification Sales may agree by the contracting parties, as may be determined by the texts jus-in- therefore the seller is a guarantor her up in case of omission buyer mentioned, it is not permissible for contractors to agree on what opposers through the development of specifications for the sale violates example stipulated quality.

Medicine has witnessed a tremendous progress because many previous irremediable diseases have been treated. Surgeons have been making open-heart surgeries, difficult brain operations, and transplantation of heart, kidney and other organs. Medicine like other branches of science is progressing. If there is a disagreement between law and religion about human organ transplantation for it involves the use of organs of a living or dead person by another who is sick. There is also risk of the life of the donator so the scientific progress has found alternatives for the living organs which are artificial alternatives such as artificial heart and kidney. There is no risk now in sacrificing or harming a life to save another because keeping one healthy, non-defective person in the society is better than making two persons suffer certain defects such as kidney transplantation in which the function of one kidney is lesser than that of the two kidneys in the human body.
The subject of the thesis is concerned with two responsibilities; the responsibility of the producer of the artificial alternatives who is not an ordinary producer because his job requires high technology and preciseness for it is connected with a man's life. Losing a person's life because of a defect in a compensative device cannot be compensated; opposite to any other product the defect of which can be repaired. The responsibility may be extended to the physician who lays the compensative device. The surgeon here may do another operation besides the organ transplantation so mistakes may be committed whether common or technical; grand or slight; and deliberately or carelessly. Thus, the physician holds the civil responsibility whether contractually or delinquently according to the circumstances. The device processor may not be a physician so craftsmanship is mixed here with selling like selling other things such as medical classes or earphones.

Judicial proceedings have major role in resolving the issues which considered by the judiciary. the Civil adversarial represented by several procedures practiced in front of or by the court. But in case one of those procedures have been defective which caused validity of that procedure, and thus the court may impose a penalty procedural result, on the other hand there is a way by which to correct this defective procedures, this way of correct the defective judicial procedure will be the topic in this research study.

The negotiations in international trade contracts an important stage in the conclusion of most of the international commercial contracts, given the nature of the last of complexity, the basic principle and according to the principle the management power and freedom of contract which is freedom to negotiate, there is no obligation to begin negotiations for the conclusion of a contract, as may abandon negotiations or cut at any time, even in an advanced stage of which, as it turned out that the conditions put forward contracting is not suitable, and therefore the parties of international trade contract of in the face of considerations contradictory in the negotiation phase may want one party to the contract of international trade that remains his will free on the issue of follow-up negotiation or not while wants the other party in obtaining sufficient collateral before entering into negotiations for the possibility to continue with a view to conclude the proposed contract, as well as to ensure the protection of one of the parties which is not limited to business information exchanged on the contract to be concluded, an issue involving a higher degree of risk, but extends to other issues related of material and process aspects, means how to protect the negotiating parties from the risk of loss expenses incurred by the parties to peer transmission delegations to negotiate and residence, and a feasibility study in addition to the risk to miss the opportunity to contract with a third party and miss them, especially because in some cases it may be negotiated party with bad faith who is not intended to make of international trade, but aims to another purpose as being known the professional and technical secrets or miss a chance contracting for this party, and in return we find that considerations of justice and the requirements of logic requires safeguards are in place to the other party who wishes to contract with him, these guarantees a range of previous commitments on contracting international trade , including the obligation to negotiate in good faith in the negotiation, commitment to public information, and the obligation of confidentiality

This study deals with the right of the Security Council in referring to the Permanent Penal International Court, as it is one of the significant topics at the international relationships level as far as it Pertains to the application aspect, The study reveals the extent to which this Court is both independent and neutral in implementing its Specialities towards the vast authorities which the Security Council possesses ,according to the judgements of the seventh Chapter of the Charter of the United Nations. The courts basic system grants the Security Council the right of referring cases that have to do with Violations of human rights and the human and international law to this court according to Article(13/b) the significance of this topic is highlighted in the cases whose refer is about a nation which is not a member of the Court basic system. This is so because the Security Council is a political system which is concerned with the Political rather than the legal considerations, as such it works to prevent abusing such a Right , the thing which Makes Politics ruin the administration of justice. This work is divided into tow sections. The first tackles the quiddity of refer the second, in turn deals with the extent to which refer is Mandalory and what its consequences are the study is concluded with a number of conclusions and recommendations.