Some basic subject in contract and its relations with iraqi civil code

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There are grave internal problems with the Kurdish population inside Turkey whereby the Kurds human and national rights are abused. Moreover, Turkey demands ethnic rights for the Turkuman and is trying to find a self-government or a federal government for them despite the lack of legal basis for that.

Some Iraqi Opposition; Some Iraqi Opposition parties may not accept the concept of Federalism presented by the Kurds as they see fit in light of their legitimate right for self-determination. Finally, no Iraqi Group is willing to sacrifice Federalism especially the ones that follow a democratic path. International Guarantees for Respecting and Applying Federalism; Any application for Federalism in future Iraq needs international guarantees to ensure stability, security and respect for the Kurdish choice in its relationship with the Arabic Regions and with the other minorities.

These guarantees need to be presented by the USA to avoid breach in the form and structure of the Federal State of Iraq and the new civil rule.

Iraq: Legal History and Traditions

International guarantees shall dispel concern from all ethnics and religious groups in future Iraq. The Federal choice needs to be part of the works of the next Transition Government in post Saddam Iraq in accordance to the proposed federal constitution for the state of Iraq. Solving the Kurdish Issue is Key to Solving the Iraqi Issue; through building democratic principles, respect for human rights and democratic institutions, recognition for all ethnic groups without discrimination based on origin, language, religion and others in accordance to the legal and constitutional rights in the new Iraq.

Democracy is not the rule of the majority, but is the rule of all and the participation of all. Naturally, the option for Federalism for Iraq is an application for the Kurdish people right for self-determination and thus the Kurdish people will decide the nature of the relationship with the Arabic Regions without the need to ask the Arabs through a referendum about their position in regards to Federalism as a future option, but to have a referendum for a draft permanent constitution for the Federal State of Iraq.

Consequently separate referenda are needed for Regional Constitutions for each Region. Right for Other Ethnics Turkuman, Assyrian and others Their rights are guaranteed through the citizenship rights in accordance to the constitution, law and international guarantees referred to above.

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Defence and armed forces whereas the army is for defence and not offence, joining the military needs to be voluntary and not compulsory for both genders. Print the national currency plan the bank reserve policy and execute federal loans. There are many advantages to a federal democratic republic especially in Iraq where we can find multi-Ethnics, different religions and different opinions.

Federalism does not exist in a dictator regime. In Iraq there are two main nationalities Arabs and Kurds besides the other minorities such as Turkuman, Assyrian, Arman. Federalism should therefore become a corner stone of the new Iraqi body legal-politics. Federalism also abolishes the discrimination between the different nationalities in Iraq, distribute the equity and justice and respect human rights.

It can confirm the participation in authorities between regions governments. Therefore federalism has many advantages in countries, which has different nationalities and religions.

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It is the best solution for the Iraqi problems especially the conflicts between Iraqi government and the Kurd for several decades. Among the many countries touched by the Arab Spring, Libya and Syria have been among the most profoundly impacted, experiencing institutional deficits that complicate efforts to resolve ongoing conflicts and now threaten regional stability. The effects of such instability also pose a threat to the international community. In order to transition from conflict to peace and sustainable development in Libya and Syria, however, international actors will need to make concerted efforts at rebuilding the architecture of governance, a process which entails restoration of rule of law, dispute resolution, and core government functions.

Such a process necessarily entails engagement with the civil law systems in force in these countries. This Article explicates the formal rules that: 1 regulate the legal affairs of citizens in those countries; 2 notes the applicability of those laws to post-revolution problems; 3 explores those elements and aspects of the Libyan and Syrian civil codes which have made them such durable legal institutions; 4 and assesses their ongoing, post-revolution viability.

On December 17, , a young Tunisian man named Mohammed Bouazizi, in a desperate act of protest, set himself on fire in front of the local government offices in the town of Sidi Bouzid. This dramatic act of defiance proved lethal to Bouazizi, but caused a stirring in the political ether of the Middle East and North Africa which set in course a series of destabilizing protests, uprisings, and rebellions. The mounting protests culminated and, less than a month later, Ben Ali departed Tunisia for Saudi Arabia, abandoning his mansions and the trappings of power along with the country and people over which he had ruled for so long.

Monitor Feb. Among the many countries touched by the Arab Spring, Libya and Syria have been among the most profoundly impacted, experiencing institutional deficits that complicate efforts to resolve ongoing conflicts and threaten regional stability. The institutional and sociopolitical abrading caused by conflict and revolution has had a deleterious effect on civil institutions in those countries—a dissolution of governmental architecture and legal authority that has given rise to a power vacuum.

Such a state of affairs serves to further problematize existing tensions, create new conflicts, and prevent potential resolution of ongoing conflict. Williams eds. Such instability also poses a threat to neighboring countries and to the international community. Intelligence Community Before the Sen.

Select Comm. Clapper, Dir. The toppling of leaders and weakening of regimes have also unleashed destabilizing ethnic and sectarian rivalries. The purpose of the analysis undertaken in this Article is threefold: to 1 explicate the formal rules that regulate the legal affairs of citizens in Libya and Syria to understand the applicability of those laws to post-revolution problems; 2 explore those elements and aspects of these civil codes which have made them such durable legal institutions; and 3 assess the ongoing, post-revolution viability of these legal institutions.

Countries like Algeria and Jordan experienced some protests but did not undergo transformative changes in government, nor did they experience significant institutional change. Democracy , July noting that Algeria not only survived the Arab Spring, but hardly deviated from previous patterns of governance. Tunisia, where the uprisings began, experienced a regime change but retained its vital state institutions 20 See Querine Hanlon , U. While providing internal security, the armed forces have also secured the maritime and land borders, countered cross-border incursions from Libyan armed groups, and established five refugee camps for 1.

The armed forces clearly ascribe to the concept of civilian oversight of the military, and although they are currently fulfilling a number of internal security tasks, they have publicly, and repeatedly, stated their intention to return to the barracks when the police can again fulfill their security functions.

But recently, there have been worrisome signs. Similarly, in Kuwait, which has long been considered among the most progressive countries in the Gulf region, protests resulted in a political shakeup and the resignation of the Prime Minister, though the ruling family and its power structures remain. World Aff. Times Aug. Other countries in the region, however, were impacted far more profoundly.

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Times Feb. To be sure, there are numerous and important differences between the uprisings in Libya and Syria. Libyan rebels, with the assistance of NATO countries, ousted Muammar Gaddafi, and the Libyan government is now in a phase of post-conflict transition. Syria, in contrast, technically remains under the regime of Bashar al-Assad and is currently mired in a civil war of astonishing violence. At the time of writing, the violence had reached Damascus and its suburbs, home to the vast majority of refugees from Iraq and other countries. Faced with growing risks to their lives, many refugees and asylum-seekers have opted to return to unstable countries of origin.

But there are also important similarities between the two countries.

I. The Arab Spring, Civil Institutions, and Civil Law

Notably, unlike the political upheaval in other Arab Spring countries, which experienced more modest political effects, the uprisings in Libya and the ongoing conflict in Syria are revolutions of a far more radical character. There are, of course, pluralities of competing definitions of what comprises a revolution.

See Malick W. Hart, The Concept of Law 2d ed. The Arendtian definition used in this article, however, serves the function of distinguishing between political phenomena, which fundamentally replace existing institutions or power structures, and those which are merely a change in leadership. Democracy 5 As history repeatedly demonstrates, however, the new beginnings resulting from such revolutions mark the beginning of a treacherous path that is fraught with uncertainty due to the challenges concomitant to the destruction of state institutions. In the midst of the destruction caused by this civil war, the vacuum left by the lack of state presence in rebel-held territory has given rise to ad hoc and unguided institution-building by competing non-state actors 37 Id.

First, after initially organizing into small groups, the armed opposition is becoming progressively more engaged in state building. In particular, a civil administration and a regular army are taking shape.


The institutional deficits in Libya and Syria are of critical concern due to the vital strategic importance of these countries to the United States and the international community. Libyan territory has historically been viewed as an advantageous geostrategic location for projecting state power into the Mediterranean and neighboring countries, including Egypt, Sudan, Chad, Niger, Algeria, and Tunisia.

In addition, Libya is an important oil producer, accounting for almost a quarter of energy imports for several Western European countries. Because many refineries in Italy and elsewhere are built to deal with sweet Libyan crude, they cannot easily process the heavier Saudi crude that would inevitably replace a Libyan production shortfall. And, as noted with regard to both countries, the collapse of government institutions has served to create ungoverned spaces, which are fertile ground for terrorism and other forms of transnational criminality. In fact, Libyans formed the third-largest fighting contingent in Iraq until U.

In addition, both Libya and Syria are each experiencing destabilizing and significant displacement crises. With regard to Syria, it was estimated that, as of April , as many as 6.

The Middle East: New Challenges - IJNL Vol. 10, Iss. 4

Blanchard , Cong. Research Serv. Domestic civil law institutions regulating contracts, obligations, and property rights will be essential for addressing the issues attendant to such situations. As noted, an essential facet of the institutional rebuilding of these two countries is their respective systems of civil law and the civil codes. Robert I.

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The reintroduction of the rule of law can be done in stages. Reports from rebel-held areas within Syria already note the centrality of the Syrian civil code in debates among camps vying for influence. An understanding of the civil law in these jurisdictions is, therefore, critical to informed policy decisions as they relate to proposed legal reforms and endeavors for which civil law is necessarily implicated, and to better determine how to facilitate durable legal institutions in the aftermath of conflict.