Academic Journal of Legal and Political Research

The role of the decisions of international organizations in protecting the environment

rabhi lakhdar, Rachid hadjer — Thu, 10 Sep 2020 00:00:00 +0000

Each legal rule has a source that is the legal basis on which it is based, and these sources differ between original sources and backup sources, and international environmental law, like other legal rules, has sources based on it in addition to the original and backup sources (explanatory), we find there are new sources of behavior The unilateralism of states and the decisions of international organizations, the latter of which constitute a juristic debate about the extent of their commitment, but especially in the environmental field, contributed to developing its rules and building its foundations, as evidenced by the various decisions issued by international organizations

Tunisian-US relations (1956-2011)

sarab djabar khorchid — Thu, 10 Sep 2020 00:00:00 +0000

And if the Tunisian-American relations date back more than two centuries، then they became more durable directly due to the independence of Tunisia، which chose to engage in the so-called "free world" and the western camp، which the United States represents one of its poles. These relations witnessed a remarkable development that was only hampered by the

aggression on Hammam Al-Shatt in 1985 by threatening President Habib Bourguiba to cut diplomatic ties with the United States if it exercised its veto power before the decision to condemn the Zionist entity. Likewise، the relations between the two friendly countries did not witness a change in terms of nature، durability، and areas of cooperation during the Ben Ali era، who declared his alignment with the Bush administration in its war on terror after the September 11th attack to justify his policies until the revolution that brought down his regime. And the Tunisian people، it cannot be. Forget the historical moment when members of Congress during the reign of former President Barack Obama applauded a tribute to the 2011 revolution of freedom and dignity

Punishment in international criminal law

Salem hawa — Thu, 10 Sep 2020 00:00:00 +0000

The ad hoc international criminal courts have presented a golden opportunity for the evolution of international criminal law. The progressive jurisprudence of these courts has made a significant contribution to the international criminal punishment; typology, purposes, aggravated and attenuate circumstances.

These advances are proof of the slow but steady progress of international criminal justice towards the establishment of an effective and equitable international legal order where respect for human rights, at all times, is its main concern.

key words: international ad hoc tribunals, international criminal punishment, , purpose of punishment, aggravated and attenuate circumstances .

Challenges of reforming the multilateral trading system

mohamed ben elakhdar — Sat, 31 Oct 2020 23:20:17 +0000

This research paper aims to extrapolate the most important challenges facing the reform of the multilateral trading system, as the global trading system demonstrated its need for reform based on the effects of trade tensions between America and China.

In this paper, we addressed seven challenges: trade balances, confidence, financial stability, technology change, external imbalances, G20 policies, global prosperity.

Key words: trade tensions, multilateral trading system, trade balances, financial stability

Ensuring hidden defects in the finance lease contract

hoda samir dawad, chorok abaasse fadil — Sat, 31 Oct 2020 23:35:08 +0000

The basic principle in leasing contracts is that the tenant obtain the location of the contract in a way that enables him to benefit from it in the manner that was contracted on the basis of it، and since the presence of the hidden defect in the location of the contract leads to the tenant not using the tenant، most laws stipulate the tenant's right to guarantee the hidden defect in the face of The lessor، however، this does not constitute a general rule for the financial leasing contract in which the financial lessee bears the guarantee of hidden defects in the face of the lessor in the event that the lessor is authorized to choose to receive the lease directly from the supplier، in which case he is responsible for ensuring hidden defects against the lessor. The lessee may have the right to guarantee hidden defects، but this is not in the face of the financial leasing company، but in the face of the supplier because the financial leasing company often sets a condition to exempt it from the guarantee of hidden defects and the supplier bears this guarantee، and most finance lease laws stipulate this condition، which confirms The legal basis for the return of the finance tenant to the supplier or seller is the text of the law that permits the return of the tenant to a person who is not a party to the contract by ensuring hidden defects.

The crime of abortion between Islamic law and Algerian law

mohamed rawan errag, rezkhala elarbi ben mehidi — Sat, 31 Oct 2020 23:49:48 +0000

This research seeks to clarify the concept of the crime of abortion, to explain its elements and conditions and to clarify the consequential judicial penalties, for abortion is an intentional and unnecessary termination of the state of pregnancy, before the natural date of birth, and it is a crime that Islam prohibits because of its violation of God’s prohibitions, as Criminal laws, including Algerian law, criminalize them because they constitute an attack on the interests of the fetus, the mother, and the human community, And the Islamic criminal system imposes fair penalties on the perpetrator of this crime, from surprise, atonement, ta'zir, deprivation of inheritance, and others, when its pillars are available and it’s conditions are fulfilled. And this research concludes with the most important similarities and agreement between Islamic jurisprudence and Algerian law in the field of criminalizing abortion and specifying its forms and cases of legalization.

Towards the institutionalization of constitutional reforms in administrative decentralization

zhed elkhir toufik, hanan alawa — Sun, 01 Nov 2020 00:10:15 +0000

This study shows the constitutional reforms which must be undertaken to activate decentralization in Algeria, considering that the constitutional enshrining of any of the subjects of law means the elevation of the standards of recognition and legitimacy, following the comparative experiments who sought to strengthen the legal status of local authorities.

the issue of civil responsibility for damages of unfamiliar neighbourhood that are a result of the environmental

ammer mohamed elchikili — Sun, 01 Nov 2020 15:59:43 +0000

This paper handles the issue of civil responsibility for damages of unfamiliar neighbourhood that are a result of the environmental pollution in Iraq, in the high light of laws that organizes the rules of civil responsibility, I (( Iraqi civil law, no. 40,year 1951.))

And laws that are related to the environment, specially the Iraqi law for protecting and developing the environment, no. 27,year 2010.

And comparing that with some laws of neighbour countries, like the Egyptian law.

This study aims at :

1- Stating the importance of finding a law specialized in civil responsibility for the negative effects of unfamiliar neighbourhood that are resulted from environmental pollution, putting in mind that laws related to environment suffer from defects.

2- Also clarifying the possibility to tame and develop general rules of civil responsibility, I in harmony with the nature of environment damages.

The subject of this paper has been handled in two enteries, first by clarifying the legal nature of civil responsibility for the damages of unfamiliar neighbourhood that are a result of environment pollution, I and the basic of civil responsibility of the unfamiliar environment damages, with the legal base of this responsibility.

Second, by dealing with the legal effects that are resulted from the civil responsibility for the damages of unfamiliar neighbourhood that are resulted from environmental pollution, which were represented in clarifying the ways of making up for the damages and the facilities of evaluating these damages.

Organisation mondiale du commerce et L' énergie

tahar zedaik — Sun, 01 Nov 2020 16:06:57 +0000

The dominance of the mechanisms of globalization on the global market, especially the energy market "oil and gas", according to the controls, for this we wanted to discuss the issue through one of the mechanisms of globalization, which is the world trade organization, which has become a dominant force, and from it oil has become an interest, not development.

The Role of the Social Function in Restricting the Right to Private Land Ownership

badia hadado — Sun, 01 Nov 2020 00:00:00 +0000

Abstract:

The social function of the right to private land ownership is a theory born with the emergence of social thought developed by jurists of the modern era, until it became a fully-fledged legal idea. This theory calls for the restriction of the right to private land property by linking it to the exercise of a social function entrusted to it. The said theory is based on two principles: the principle of social solidarity and the principle which stipulates that the owner owes to society what he owns. Furthermore, the idea of constraining the right of private property to fulfill a social function is due to the desire to realize the public interest on the one hand, and to preserve the particular interest of individuals, on the other hand. In general, the subordination of the right to private land ownership to a social function deprives it of the status of absolute right and restricts all of its elements: use, enjoyment and disposal. This expands the State’s area of intervention in this right and holds the owner responsible if his property right does not exercise a social function.

The extent to which the Parliament's competence to regulate its affairs affects its independence

chorache hacen omar, Mohcin hacen baram — Sun, 01 Nov 2020 18:04:02 +0000

The rules of procedure of the Parliament are the tools that regulate the work of Parliament and determine the relationship between it and the other authorities of the country, they also chart the path that the MP must take to perform his role in the censorship and legislation. And that the justification and necessity of the development of internal regulations lies in three legislative and regulatory requirements, as well as an urgent need to protect parliamentary minorities. There are three ways to issue the internal regulations of the Parliament. The legislative councils have the original jurisdiction to make their own internal regulations. This is justified by the principle of separation of powers and the independence of parliament from other authorities. And that the rules of procedure had a significant impact on the functioning of the Parliament, not only on the organization of formal or procedural matters but also on substantive issues, complementing the constitutional texts in respect of parliamentary jurisdiction.

Despite the different political, social and economic conditions of the emergence of the parliament in each of the countries of comparison in terms of the internal organization of the parliament, but there are Points in common and points divides them, like the way the parliament is formed and how the speaker of parliament is elected in the four countries is different. And the parliamentary committees have a central role in the work of all four parliaments. The subject of comparison is different, but parliamentary traditions vary among countries, as does the number of members of parliaments

Illegal migration and its impact on sustainable development

rana salam amana, فادية حافظ جاسم — Sun, 01 Nov 2020 00:00:00 +0000

The issue of illegal immigration is one of the important topics of our tim ، especially after the number of illegal immigrant who seek to search for a better life and more decent living in the country of destination has increased، and this increase has positively and sometimes negative impact on other countries from which it migrates and the countries of destination ، especially in relation to development sustainable and this migration is affecting the needs and requirements of the current generation and future generations.

To find out the importance of this problem and its legal and social dimensions ،we divided the research into two topics and then the conclusion and a set of conclusions and recommendations .

The legal system for currency crimes in the Palestinian Penal Code

boulanwar bali, ali nabil sebih — Sun, 01 Nov 2020 21:05:08 +0000

The seriousness of the crimes of counterfeiting and counterfeiting currency requires the intervention of the Palestinian legislator under the criminal law, similar to the comparative laws to combat and combat it for this purpose. Focus on the topic of expertise as an important measure in the context of criminal investigation processes.

تمديد ولاية المجالس النيابية

Lotfi mostpha amina — Sun, 01 Nov 2020 22:39:25 +0000

around the existence and non-existence with the timeliness corner of the parliamentary democracy, because the timeliness corner requires specifying a reasonable period of time for the mandate of the Parliamentary Councils, and on this basis most of the constitutions stipulated the determination of a reasonable time period that ranges from two to five years for the mandate of the Parliamentary Councils, And in order to renew the council’s mandate at the end of the term, it also stipulated that a specific period be set before the mandate of the existing council to conduct elections to renew the council’s term, and the formation of a new council with the end of the mandate of the existing council.

The extension of the mandate of the House of Representatives is in violation of the rules of jurisdiction and delegation as well, because representatives are competent to exercise their powers defined in the constitution within a limited period of time and with the end of this period their powers to practice their business ends, and when they perform any work outside this period their behavior is tainted by the defect of lack of temporal competence Their behavior is invalid, in addition to that the extension of the mandate of the Parliament is considered contrary to the rules of delegation as well, because according to these rules the authority of the Commissioner ends once the time period specified for him has expired, and during our study of democracy we concluded that the people are the original owner The power to delegate power by all members of the people, the people authorized the deputies to exercise judgment in their place for a limited period and with their termination, the jurisdiction in question delegated to the original owner of the authority

It should be noted that in the new countries of democracy, the constitutional and legal dates of the mandate of the Parliamentary Councils are not adhered to, and the elections are delayed and the mandate of those councils is extended, whether in Kurdistan or in the Iraqi federal state. In this research, the cases of extension to the national, local, or municipal councils are discussed with submitting the necessary proposals and recommendations not to Resorting to extending and abiding by the constitutional and legal dates of the elections in order for the parliament to retain its legitimacy