ISSN: 1994-4721

Volume 25, Issue 1994

Volume 25, Issue 1994, Autumn 2017, Page 1-310


The Cultural Rights of Minorities in the Public International Law

Asst. prof. Dr. Ali JabbarKraidi

Basra studies journal, Volume 25, Issue 1994, Pages 1-49

The cultural rights for the people of minorities of language, religion and education are responsible for keeping their distinctiveness from other members of community, hence such cultural rights are necessary to protect the existence of minorities as a distinguished group having its own culture. There is a possibility that such minorities practice other civil, political, economic and social rights, therefore the problem of minorities is considered common for most countries around the world, and this problem is renewable and subject to different variables.
This problem once was addressed in accordance with internal laws, however, nowadays this problem is considered one of the issues that concern the international community because of its impact on states stability internally and externally. People of minorities enjoy all human rights stipulated by international conventions and treaties related to human rights as well as enjoying their own rights helping them maintain their own characteristics. And this is what some states included in their constitutions and internal laws.
Thus, the respect for cultural diversity and the granting of minorities their rights, stipulated in the international law including cultural rights of would help maintain the stability of states, and ensure that international peace and security are not exposed to jeopardy. Enjoying minorities these rights is an evidence that the state is on the right track, maintaining majority and minority's rights indiscriminately alike.

Civil Liability for Trade Leads Online to the Consumer

Asst. prof. Dr. Hussein Abdulkader Maaroof; Researcher.Zainab Sattar Jabbar

Basra studies journal, Volume 25, Issue 1994, Pages 51-163

This The patterns of business practices have changed tread on the evolution of communications and informatics. This is clearly reflected in the impact of the Internet on the way business transactions are conducted. They have relied on it and on computer-related technology in the framework of electronic commerce. The Internet has used to present products or services to achieve knowledge of the appropriate sales specifications to meet customer requirements.
And advertising turn to Internet to become one of the most popular and used methods. It is one of the most advanced means used by advertisers. It has become more popular and more reliable. It has introduced the specification and features of the exhibited articles and induce consumers to contract at the same time. The services of the network have been invested in websites, e-mail, And other services, and advertisers through the traders and companies to offer commercial goods and services and contact with customers in different countries of the world, and thus matching the available technology and what works previously.
but, the exploitation of the Internet in the framework of commercial advertising may result in damage to the consumer who contracted consequently on the advertising, and this is achieved in the case of the advertisements is lie or mislead, because the strength of the Internet in propagation and effect and the ability to access the consumer wherever He would and bush him to the contract and then find out that he was a victim of lying and misleading about the advertised product or service, and then the liability fruition. This would require determining who was responsible for compensating the damage and represent the the rules that govern responsibility where fruition cases and rule of fruition .

Philosophy of Property Restrictions

Asst. prof. Dr. Hassanayn Dia Noori AL-Musawi

Basra studies journal, Volume 25, Issue 1994, Pages 165-219

To determine the nature of ownership is of great importance and it is related to the legal and Islamic philosophical theories related to real estate ownership, which determines the imposition of restrictions or not. These theories may converge in regions and diverge in other regions. Through the determination of these theories and their content , the researcher, legislator and judge understand the nature of ownership and enable to find accurate solutions to the problems of ownership .It also helps in determining the position of the Islamic theory of property among the legal theorie especially in countries that are undergoing political, economic and social changes such as Iraq. This is reflected in legislations that deal with the restrictions of ownership including civil restrictions (French, Egyptian and Iraqi)

International and national guarantees for a fair trial

Assistant Lecturer . Zaineb Y Abdulkhader

Basra studies journal, Volume 25, Issue 1994, Pages 221-279

Numerous international declarations and conventions have included on the human rights and fundamental freedoms on the domestic and international fields . because of the interest of States to ensure respect for these rights and freedoms, modern constitutions have given attention to those rights and freedoms , responsing to the demands of the declarations and covenants .Therefore the Constitution of the Republic of Iraq 2005, including for these rights and freedoms, especially those of the accused. Code of Criminal Procedure Act No. 23 of 1971 also assured protection of those rights and freedoms and ensure respect stipulated by the Constitution . It is working on providing rules that achieve immunity for individuals,and then,the limitations of them, to ensure a fair trial for everyone. In other words , it must provide guarantees for the protection of human rights under itˊs authority , in order , the national legislation does not turn into an injustice instrument of the individual,
This study aims to achieve a balance between human rights and freedoms and the right of the community , through the work on the adaptation of national legislation - the Constitution of the Republic of Iraq in 2005 and the Code of Criminal Procedure No. 23 of 1971- with the relevant standards which is contained in international and regional conventions ,in order , to bring to light the texts which is matching the international standards , or what is contrary by amendment or cancellation, for achieving a fair trial to the accused.

Reflections on the Passport Law(An analytical study of the law number 32 year 2015 in force)

Asst. prof. Dr. Ali Abdul Abbas

Basra studies journal, Volume 25, Issue 1994, Pages 280-310

Research aims to highlight the most prominent aspects of modernization in Iraqi newly issued passport law numbered 32 for 2015 instead of the previous law numbered 32, 1999 where this law translation and genuine activation of the constitutional freedoms of individuals relating to equality and the right to mobility and to search, prospecting for weaknesses and strengths in this new legislation provides for redress, being critical and regulated freedom came organized her organized and diminishing of that freedom, since in some cases individuals deprived of extracting the travel document ((passport)) And arranged them in other conditionsThe research concluded that the Iraqi legislature dismiss necessity to cash deposits in the new legislation, especially concerning cases of fines "exaggerated" and reduce the disadvantages of obtaining documents, without the search signal and praise for some updates "commendable" legislator.