Journal of Juridical and Political Science

The phenomenon of terrorism has become one of contemporary armed conflicts’ challenges facing international humanitarian law. It has reappointed certain problems about the relationship between State security and the protection of individuals. This has led to a review of the adequacy of international humanitarian law in an unprecedented way. As the world attempted to complete the "Geneva Conventions of 1949, with the additional Protocols of 1977", especially after the attacks on many countries.
The possibility of terrorist acts in the times of armed conflicts existing in this sensitive period governed by the law of armed conflicts or international humanitarian law. It is described as a period of many violations for protected rights in various ways, including terrorism, as well as the detention of persons arrested in order to combat terrorism.
Which must be done within a clear and appropriate legal framework by respecting all relevant procedural guarantees. International humanitarian law has tried to address the phenomenon of terrorism by criminalizing it and punishing those who committed such crimes by bearing the responsibility. It also addressed some of the concepts and terminology that are necessary to take advantage of the protection of this law during armed conflicts, such as combatants and civilians who are venerable to be terrorists.

Foreign policy making for the United States of America is a process contributed by a number of institutions, including research centers and the Jewish lobby. The motives that have led to their existence as institutions having an impact on making such policy vary. As the means used by each of them to influence this policy differ as well in order to contribute to its decisions and to determine its orientations and priorities.
Along with the expansion and overlap of international relations and with much jostle of information, the decision-maker is no longer able to follow it up, take note of its details, and then take decisions about it. This is creating the need to establish research centers that provide policy advice to decision-makers. While the need for the Jewish lobby was focused on providing American support for Israel and ensuring its security, which has gained a high priority in US foreign policy of the Middle East.

Negotiation is an exchange of opinion between two international persons to settle a particular dispute. It is characterized by flexibility, confidentiality, promptness and independence. Negotiation is a mandatory method in accordance with international law, and it is of a political nature at the same time. Any party may not be able to obligate the other party but by returning to negotiations. Negotiation shall be either between two parties only, it may be multilateral, or it may be through organizations. It is not easy to define the stages of negotiation, nor does the law intervene in determining the place of negotiation or the time of its completion. The research is based on the assumption that the greater the importance of negotiations in the area of settling international disputes, the narrower the means of intervention in the internal affairs of the parties will be, as a flexible means of enhancing their independence in resolving the dispute and vice versa. In addition, the existence of such rules may organize the initiative procedures necessary for holding negotiation the holding of negotiations. While the absence of such rules may prevent holding this negotiation. In order to meet the requirements of the subject matter, we divided the research into a prelude to the historical development of international negotiation and to two topics: the first is the concept of the principle of negotiation in international relations. The second is the provisions of negotiation in international relations. The research concludes with the most important results and recommendations.

Algeria and Tunisia have seen an important progress in the field of body reformation for election admiq`2 nitration. It was crowned by a creation of an independent higher committee of election in Tunisia; its mission is the organization, the supervision and the control of elections in a complex transitional circumstance that expose radically the breaking with the falsification and fraud of the elector willing. In addition, the constitutional amendment of (2016), in Algeria, has created a new committee of elections’ control called “the independent higher committee of election control” in order to grant the propositions expressed by various society makers. It was organized under a statuary law. As an independent body, it takes care of election and its control without intervention or effect from any other side. This committee is considered among one of the outcomes of the political reformation happened in Algeria where the official authority met the people claims in order to conduct an honest elections corresponding with the international criteria. Thus to guarantee the citizen’ confidence in the elections, to handle the negative accumulation of the past in order to increase the general conscience concerning the election participation importance and the increasing of the occasion of participation of the various categories of the society.

This research aims to concentrate on the constitutional and legal mechanisms that regulate the censorship on independent bodies and commissions in Iraq. With reference to some countries by reviewing means of the political, administrative and judicial censorship on these bodies and their work. In a methodological and analytical framework to draw public and private features for such censorship and its effectiveness. Then, this research answers an important question, which is : Is there any difference, for the independent bodies, of being independent or being subject to this censorship?

Today, Iraq is facing serious threats on different sectors and levels. On the basis of a number of theories within the field of political science, this research attempts to explain and analyze these threats and their eventual developments. Most important of these theories is the ‘Theory of Security Complex’ developed by Copenhagen School in Security Studies. Copenhagen School adopts a wide approach of security based on the fact that many objects, beside political regimes and states, can be threatened and these threats can lead to destabilizing the entire country or region. These objects could be economic, societal or environmental. Unlike the realist school in international relations, Copenhagen School adds a third level of analysis to the two levels (unit and system) which dominated the realists’ analysis under the Cold War. That is, according to Copenhagen School, the world can be divided into many regions and each of these regions differs from the others regarding the distribution of power and wealth, and then has its own security dilemma. The regional security dilemma could be defined as a set of units (be they states or other political entities) interplaying with one another in such a manner that the security of each of them cannot be understood or analyzed apart from the security of the others. Power distribution and the patterns of amity/enmity are the main responsible variables for the dynamic of the regional security complex. Taking into account the various threats, Iraq faces today, and the high number of domestic, regional and global actors who influence its security, Copenhagen School provides a useful theoretical framework for analyzing these threats. The research concludes that Iraq is seriously threatened politically, military, economically, societally and environmentally, and these threats are caused by actors operating on domestic, regional and global levels. It is assumed that the ethnic and sectarian divisions inside the Iraqi society and the many bloody conflicts which have taken place among its ethnic groups proved that any Islamic regime cannot provide security and stability for Iraq. A secular regime is the best option for ruling the country. The real democracy which based on a parliamentary majority, not a compatible one based on power-sharing principle, is required for Iraq to resolve its conflicts.

With regards to urban advancement in African nations, many reasons or troublesome difficulties have confronted African nations in the course of recent decades: the debasement of people in general, urban debacles and reproduction methodologies, insufficiencies in framework and fundamental administrations, expanding urban-rustic lopsidedness, destitution, expanding ruralization of urban communities and informalization of the economy, developing wellbeing and natural emergency. As urbanization is expanding in many nations of the locale, the issue of deficient framework administrations and the debasement of the urban condition are gigantic. Subsequently, the general point of this review is to clarify why, how and to what degree do a few causes assume an imperative part in affecting the urban advancement in Africa. This review utilized descriptive deductive approach in undertaking the research. Governmental reports, statutes and laws were likewise hotspots for essential information in this review. Optional information was fundamentally from scholastic works, for example, books, diary articles, and theses. The discoveries of the review demonstrate that the political, economic and social challenges have added to decay of urban improvement in Africa. This review gives data and recommendation on how economical urban improvement in Africa can fill in as an empowering influence in achieving the coveted auxiliary change, expanded prosperity and peaceful co-existence.

Most of the Iraqi laws give wide powers to the administrative bodies that represent the state to express its will and to organize a specific activity related to regulation of the legal relationship between the state and individuals under the provisions of the law. The same laws, in return, recognize the right of individuals to object or assert the right by defending their interests against any abuse of power or by granting the administration, an opportunity to rectify its mistakes if it proves that there is a legal violation in its decision. As these laws, the income tax, regulate the process of demonstration and determine the legal evidence that the objector must present to defend his or her financial or legal rights against the work or decision of the administrative body. The recognition of the right of demonstration and defense in legal legislation is in accordance with the provisions of the Constitution that include general principles and texts for the protection of rights and freedoms and ensuring justice and equality among members of society. As proofing the disputed right and providing legal guarantees for exercising the right of defense creates a balance between public and private interests, supports and enhances confidence in the administration's activity. Thus the achievement of legal legitimacy and the rule of law. Taking in consideration that the amended Iraqi Income Tax Law No. 113 of 1982, which is the focus of our research, is described as being independence and has special system for objection’s mechanism against decisions and administrative procedures, dispute resolution and how to prove the disputed right clearly out of the rest of the tax and non-tax laws in Iraq.

The administrative decision may be wrongly issued, forcing the administration to correct it. The administration corrects such decision if this administrative decision has a defect in issuing it. However, the problem raised is the acquired rights that resulted from the defective administrative decision and the principle of being retroactive or non-retroactive for the resolution correcting the defects of the previous administrative decision. Sometimes, the legislative authority corrects it, which may breach the principle of separation of powers. The legislative authority, under certain circumstances, including the state of crises, for example, may intervene in correcting the defective administrative decision.

The Iraqi society is currently facing a series of challenges and rapid developments in all areas of life. This is what most Arab countries face just like other world countries. The phenomena of terrorism, extremism and intellectual deviation are among these challenges based on giving up the principles of tolerance and moderation in the Islamic community which are the most serious phenomena facing the international community. Since terrorism affects Iraqi national security, it is necessary to devote efforts to research and study in order to develop appropriate solutions to address such problem. Thus, the research is intended to highlight the phenomenon of terrorism and its effects on the Iraqi national security indicating the most important challenges facing Iraqi national security. It is based on how to employ the available resources of the state along with the regional and international efforts to eliminate terrorism and build a unified State capable of achieving security and stability in the country. The study dealt with the study of terrorism in terms of not only its meaning, but also its impact on the Arab region in general, and on Iraqi society, in particular where it is the world's most affected country, which caused instability in the post-US occupation of Iraq (2003). As it constituted a major turning point in the history of modern Iraq, due to the political, economic, social and cultural changes that led to the events of 2014. In addition to the battles between the brave Iraqi army and the terrorist organizations of ISIS in Mosul and Anbar, the largest cities of Iraq. The efforts of the heroic Iraqi army and the support of the popular mobilization, clans as well as the regional and international efforts have succeeded in defeating these terrorist organizations, achieving victories and liberating the lands from the grip of ISIS in (2017). Iraq also managed to protect its land and its people from division or fragmentation plans that targeted its components by maintaining national unity and achieving security and stability. The study also examined the most important post-urgent challenges facing the Iraqi national security in the present situation whether internally or externally. It is also addressing the ways of confronting them with the available resources of the state and in cooperation with the regional and international efforts in this regard in order to build a unified state capable of achieving security for its people.