AL-Qadisiya Journal

ABSTRACT Interested in political geography study of geographic factors affecting the power of the state as well as the study of mechanisms of democracy where it is these mechanisms of democratic elections .Which vary in credibility between the state and the other depending on the prevailing political system and the legitimacy of the system . Successive studies political geography in this vital area since 1913 because democracy has become the most important pillars of power of the state as it gives the opportunity for the population of the state in the exercise of political action in terms of the election and nomination for the decision –making positions. And other such positive returns on a country's political , economic , social and good example is the united states of America to mamay researchers to study one of the most democratic practices where only a mechanism for the election of u.s. president through the study of the 2008election .

AbstractThe peacekeeping forces, which is defined as the forces of different specialties (soldiers, civilian police, electoral experts and the referendum, workers in the field of demining, responsible for human rights monitoring, and specialists in civil affairs, communications, and doctors ...) belonging to multiple countries is not including the states parties to the conflict, working within an international process established by a competent organization, in order to provide the security, political and social support for the preservation or restoration of peace and constructive, under specific principles as an asset in a harmonic, and impartiality, and the prohibition of the use of force only when necessary, and to respect international humanitarian law. Is the most important international means at the present time to resolve the conflict between two or more, they help in peace-building and the provision of international aid its operations, as well as Gunn role in countries suffering from civil wars, it is building military institutions and police forces and rebuild the civil administration as is the case in Kosovo, Haiti and Timor-Leste, as well as to contribute to the reform of laws and electoral systems and supervision of the electoral process, and to develop a constitutional framework through the organization of controls between the three legislative, executive and judicial authorities and work with them in law enforcement, civil administration and humanitarian activities, where those troops has become a substitute for Local governments collapsed as is the case in Cambodia and Namibia.But in front of the importance of the role played by these forces is exposed to the risk of attack, which requires providing the necessary protection to ensure their safety and carry out their duties, and this requires that the cooperating countries and international organizations, in order to ensure the fight against and suppression of crimes against peacekeepers, and therefore effective punishment for the perpetrators of such crimes. And to cooperation great importance to provide international protection to the peacekeeping forces, and ensure that its functions and organize its internal affairs and achieve independence, they play an important role in international relations, especially after the development of its functions, and the principles of their work, and that the United Nations is no longer the only organization that carried out, but regional and international organizations as well as become a competent created. This is what his research within the three sections, the first Search the cooperation under international conventions, and the second search in legislative action, and the third dedicated to research in cooperation with the International Criminal Court.

Abstract:Right to privacy is of different kinds, such as the physical privacy, which is related to the protection of individuals against any procedures that violates the physical aspects of their bodies as genes test. There is also the protection of communication, which refers to the individuals' right to confidentiality and privacy of telecommunications via phone, post, and email. Moreover, there is the spatial privacy represented in the residence sacredness or that, which is related to the rules that govern inspection, electronic monitoring, ID authentication whether the individual is at work or public places. Additionally, there is the information privacy, which means that the individuals have the right that their data, on PCs and internet, are not disclosed to others. These rights are sometimes restricted from both the criminal and constitutional sides. In addition, this is the core of our study. The restriction of this right can be done through explaining the reasons that justify that, like maintaining national security or public manners and morals. Therefore, the constitutional legislator often transfer these restrictions to the general legislator to organize them. For the interest of the community, sometimes it is inevitable that man's right to life is characterized by some restrictions, which the achievement of justice and the speed of revealing a crime require. Accordingly, the state has the right to authorize the investigation agencies to use some procedures that are against privacy, like breaking into and inspecting houses, controlling correspondences, or monitoring communications within legal frameworks determined by the law.

Each member of the provincial council elected by the people, performing his duties, financial and legislative elections, and the duty of oversight, devote himself to accomplish in the public interest.The immunity granted to him, it aims to ensure his independence and enable it to the performance of his parliamentary duties. The same is true for the material and moral privileges granted to a member of the provincial council.This research was divided into three sections, namely:-First: the duties of a member of the provincial council .-Second: The rights of a member of the provincial council and privileges-Third : functional obligations to a member of the provincial council.Among the most important results are: the law gives to the members of the provincial councils a lot of rights and privileges in order to enable them to perform their duties, perhaps in the forefront of the delivery of basic services to the citizens, but it has got an abuse of power, dispel allocated to the provinces of financial resources process.It is the most important recommendations are: the importance of the House of Representatives that the development of legal regulation of the duties of the members of the provincial councils and their privileges in order to achieve a balance between the principle of authority and responsibility.

ABSTRACTCrime Email piracy harmful to the public interest crimes being targeted at the interests of the privacy of individuals (individuals' right to personal privacy) so had to punish every act affects the individual's right to privacy, and this right as it should be provided by the right to freedom of residence and the inadmissibility of entering without permission as well as the consequent presence This right to privacy of correspondence by any conventional means or by electronic and to criminalize all acts of piracy and to e-mail system to ensure that the entry into force of criminals from punishment.And that the ratio of crime to someone who does not is decided once attributed to him but on the contrary that this restricted the observance of the right of the victim to prove the commission of the crime by following the investigation and the investigation by the competent authorities procedures, by following the procedures in the Code of Criminal Procedure for the rhythm of the penalty prescribed in the Act sanctions, or in a project communication and information law, provided approval to counter cyber crime, with the consequent lack of the death the right of the person, only after a court ruling and procedures for a fair trial, and also must be attached to the procedural laws rapid development in the field of the Internet and modern technology and the subsequent So the emergence of new procedures keep pace with technological development and crimes developed, but it should not be such laws actions at the expense of the rights and fundamental freedoms of citizens, which must follow investigative procedures keep pace with the Internet age, especially if the investigation procedures set out in most of the Arab laws, including Iraq unconventional measures So we will divide this research into two sections, we will discuss in the first section of procedural effects of crime Email piracy Bmtlpin allocated first to speak of investigative procedures and the collection of evidence and investigation of primary and we had a second to prove the crime and procedures of the trial and sentencing, while the second part, we dealt with the objective effects of crime Email piracy Bmtlpin dedicated the first to show the original penalties and we had a second and complementary sanctions dependency and finally conclude our research include the most important conclusion our findings and proposals and we will propose amendments.

Abstract The idea of international administrative judiciary has emerged the emergence of international organizations and their development, especially since the international organizations have emerged and evolved in the early nineteenth century, and because of the large number of international staff who work in international organizations of various kinds, so it was apparent departure of attention to the development of legal basis that would all acts of employees of these international organizations that control. International legal norms acts of employees of these bodies control has established a close as possible to the organizations that control the national staff. As it has also established an internal branches undertake the task of providing assistance in the field of administrative function, which was characterized as a dependency of the administration in a lot of international effectiveness, which led to losing a lot of its importance. As absolutely can not say the existence of judicial control over the acts of international technical staff administrative authority in the strict sense today. This certainly stems to the nature of the work of international organizations that are international capacity and such that have some powers, immunities and privileges, but is characterized as Altaqat, it was only at intervals convene all of these international organizations, non-permanent limited the work of these staff.

The main objective of this research is to audit the intellectual legacy of the reform movement pioneers who have tried, all of the location, address incurable diseases, which was hit the Arab - Islamic state. For the methodology of this study, a comparative analysis approach will be adopted in examining the views and programs of the most prominent pioneers of the reform movement (e.g., Jamal ad-Din Al- Afghani, Muhammad 'Abdu, 'Abdul-Rahman al-Kawakibi). Further, such assessment will focus on the place occupied by state and the right (law), as well as in particular the Constitution at the intellectual heritage of the reformers above.

The ICSID Convention is considered one of the most important convention dealing with the enforcement of foreign arbitral awards. This convention design a simple provisions and self-contained system for enforcement arbitral awards rendered under ICSID Convention. Due to that system many states which have concerns about arbitration become parties in this convention. ICSID Convention gives the awards rendered under the convention features which are, sometimes, compatible with conventions involvement in arbitration and sometimes these features out of regular. In this article the author shade the light on arbitral award rendered according to the convention. It is illustrate the features of that award and focusing on the features which are different of other awards in other conventions like New York Convention of 1958. In addition to that, this article discussed the state sovereignty immunity issue and how ICSID Convention addresses that issue? Because state sovereignty immunity issue in general and immunity from execution in particular constitute important obstacle facing the investor who want enforce the arbitral award. Therefore, this article offers some suggestions and solutions to that problem.

Hard to declare a state of emergency in whole or in part is dangerous in the lives of individuals and calls for the creation of an anomaly in which the provisions of the emergency legislation to be applied, and lead to the imposition of exceptionally great restrictions on the behavior of individuals and freedoms, it is the result leads to waste of fundamental rights and freedoms of citizens and wasting basic safeguards guaranteed by the Constitution individual and becomes the order in which the presentation to the trials that lacked necessary to protect the human rights standards of justice, where the consequences of declaring a state of emergency replacement of the civil power and military power and the military ruler to take the decisions necessary to maintain security and public order, and that may pose a risk to public rights and freedoms. So it was natural that the subject based on the state of emergency to control this but not limited control over the decisions and actions taken under the state of emergency, but initially include announcing the decision as the basis of the authorities granted to the destination based on the state of emergency.

The state sometime faces particular extraordinary situations that led to instability in political, security and social conditions, as a result rights and life of individuals would be in threat or it probably would be violated legally and illegally. The internal law is often formed to face usual situation, extraordinary law should be in tiny space, with this status the state should balance between its obligations of principle of legality and maintaining and not violated of individual rights and freedom. If state violated it obligation in that contexts it would be without any doubt override its professions that is specified in the constitution and failed in meeting its citizen need as rights and freedom. The state exercise extraordinary power when its sovereignty or security face internal or external armed offensive as in war or in turmoil and revolutions, as a result for that the state applies laws that aim to reduce the effect of violation of individual rights, in the same time state would be under internal and external monitoring in its decision that come in such situation. International human rights conventions have provisions that explicitly allow to its members to decomposition of some of its obligation in emergency status that threat nation’s life. However that allowance is not absolute but it has specific conditions that prevent states to have final decision on how it would exercise its extraordinary power in imposing some restriction on individual rights, and make the state responsible toward international community on any violation In this paper that focused on practical side of the subject more than theoretical side, I study that subject in details, in addition comparison of some documents also have been made. At the end I conclude the main result that I hope it will find its ways in the constitution and legal provisions that study the subject.

However that the agreement of the jurisprudence about concedering the arbitration for settlement of disputs instead of judiciary to protect the rights, different views appear about the nature of the arbitration. Some say that the arbitration has a contracting nature; others say that it is of judicial nature; others say that it is of mixing of both; the fourth say that the nature of the arbitration is a special independent type. In different of others, the Iraqi legislator adopts a various satuation about the type of arbitration, so the nature of the arbitration of Iraq stock exchange become different recpect to that. We will disscuse all these ideas in two parts, by first, we will research the four theories of the nature of the arbitration, and by second, we will disscuse the satuation of Iraqi legistor about that.