The Judiciary in Iraq

The Judiciary in Iraq
Author: Chief Justice Madhat al-Mahmood
Publisher: iUniverse
Total Pages: 227
Release: 2014
Genre: Law
ISBN: 1491731028

After simmering in the background through the nineties, Iraq burst into the awareness of many when it became a battleground against the war on terror under the Bush administration. Few realize that in the midst of the fierce policy battles, one partially implemented state-building exercise took root, and Iraq became the first country in the Middle East, democracy or otherwise, to have a constitutionally mandated independent judicial branch.In The Judiciary in Iraq, Madhatal-Mahmood, chief justice of Iraq, examines the many elements contributing to the creation of the first independent judicial branch in the Middle East in 2003, tracing the roots of the Iraqi judicial system from Islamic and Ottoman origins through to the fortuitous opportunity created by the US state-building machinery that so often misfired. Providing guidance for support to the justice sector in Iraq and to new democracies in the region, Chief Justice al-Mahmood draws on his decades of work in both academic and government sector positions to discuss why Iraqi courts were positioned for independence in 2003 and on how the new branch has expanded access to services in spite of challenges.This study examines the evolution of the judiciary and courts in Iraq, starting from pre-Islamic developments, and then moving through the impact of Ottoman and British rule before considering the role of the judiciary and courts in a modern, stable, and democratic state in the Middle East following US interventions.

Law In Iraq

Law In Iraq
Author: Chibli Mallat
Publisher: OUP USA
Total Pages: 0
Release: 2012-05-24
Genre: Law
ISBN: 9780199929122

Law in Iraq: A Document Companion provides the full English translation of Iraq's most important laws and regulations. These two volumes constitute the first collection of English-language primary materials published since the current Iraqi constitution was ratified in 2005. Supplemented with a subject index and a table of authorities for ease of use, this collection is an essential resource for anyone conducting research into Iraq's governmental structure, regulation of commerce, and legal procedures.

Introduction to Middle Eastern Law

Introduction to Middle Eastern Law
Author: Chibli Mallat
Publisher: OUP Oxford
Total Pages: 504
Release: 2007-07-12
Genre: History
ISBN: 0191021725

This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.

The Iraq War and International Law

The Iraq War and International Law
Author: Philip Shiner
Publisher: Bloomsbury Publishing
Total Pages: 386
Release: 2008-09-17
Genre: Law
ISBN: 1847314589

The decision by the US and UK governments to use military force against Iraq in 2003 and the subsequent occupation and administration of that State, has brought into sharp focus fundamental fault lines in international law. The decision to invade, the conduct of the war and occupation and the mechanisms used to administer the country all challenge the international legal community placing it at a crossroads. When can the use of force be justified? What are the limits of military operations? What strength does international criminal law possess in the face of such interventions? How effective is the international regime of human rights in these circumstances? What role does domestic law have to play? How the law now responds and develops in the light of these matters will be of fundamental global importance for the 21st century and an issue of considerable political and legal concern. This book explores this legal territory by examining a number of issues fundamental to the future direction of international law in the War's aftermath. Consideration is also given to the impact on UK law. Both practical and academic perspectives are taken in order to scrutinise key questions and consider the possible trajectories that international law might now follow.

Iraqi Kurdistan, the PKK and International Relations

Iraqi Kurdistan, the PKK and International Relations
Author: Hannes Černy
Publisher: Routledge
Total Pages: 544
Release: 2017-07-28
Genre: Political Science
ISBN: 1317197585

Due to its primacy in explaining issues of war and peace in the international arena, the discipline of International Relations (IR) looms large in analyses of and responses to ethnic conflict in academia, politics and popular media – in particular with respect to contemporary conflicts in the Middle East. Grounded in constitutive theory, this book challenges how ethnic/ethno-nationalist conflict is represented in explanatory IR by deconstructing its most prominent state-centric models, frameworks and analytical concepts. As much a critique of contemporary scholarship on Kurdish ethno-nationalism as a detailed analysis of the most prominent Kurdish ethno-nationalist actors, the book provides the first in-depth investigation into the relations between the PKK and the main Iraqi Kurdish political parties from the 1980s to the present. It situates this inquiry within the wider context of the ambiguous political status of the Kurdistan Region of Iraq, its relations with Turkey, and the role Kurdish parties and insurgencies play in the war against ISIS in Iraq and Syria. Appreciating these complex dynamics and how they are portrayed in Western scholarship is essential for understanding current developments in the Iraqi and Syrian theatres of war, and for making sense of discussions about a potential independent Kurdish state to emerge in Iraq. Iraqi Kurdistan provides a comprehensive and critical discussion of the state-centric and essentialising epistemologies, ontologies, and methodologies of the three main paradigms of explanatory IR, as well as their analytical models and frameworks on ethnic identity and conflict in the Middle East and beyond. It will therefore be a valuable resource for anyone studying ethnicity and nationalism, International Relations or Middle East Politics.

Human Rights In The Administration Of Justice

Human Rights In The Administration Of Justice
Author: United Nations. Office of the High Commissioner for Human Rights
Publisher: New York and Geneva : United Nations
Total Pages: 885
Release: 2003-12-01
Genre: Political Science
ISBN: 9789211541410

Independent legal professionals play a key role in the administration of justice and the protection of human rights. Judges, prosecutors and lawyers need access to information on human rights standards laid down in the main international legal instruments and to related jurisprudence developed by universal and regional monitoring bodies. This publication, which includes a manual and a facilitator's guide, seeks to provide a comprehensive core curriculum on international human rights standards for legal professionals. It includes a CD-ROM containing the full electronic text of the manual in pdf format.

Legal System Reform Law

Legal System Reform Law
Author: Iraq
Publisher:
Total Pages: 148
Release: 1977
Genre: Iraq
ISBN:

Text of legislation intended to serve as a basis for changing, substituting or amending laws and other enforced legislation required for administrative reform of the legal system in Iraq.

Charting the Divide Between Common and Civil Law

Charting the Divide Between Common and Civil Law
Author: Thomas Lundmark
Publisher: Oxford University Press
Total Pages: 482
Release: 2012-08-15
Genre: Law
ISBN: 0199876363

What does it mean when civil lawyers and common lawyers think differently? In Charting the Divide between Common and Civil Law, Thomas Lundmark provides a comprehensive introduction to the uses, purposes, and approaches to studying civil and common law in a comparative legal framework. Superbly organized and exhaustively written, this volume covers the jurisdictions of Germany, Sweden, England and Wales, and the United States, and includes a discussion of each country's legal issues, structure, and their general rules. Professor Lundmark also explores the discipline of comparative legal studies, rectifying many of the misconceptions and prejudices that cloud our understanding of the divide between the common law and civil law traditions. Students of international law, comparative law, social philosophy, and legal theory will find this volume a valuable introduction to common and civil law. Lawyers, judges, political scientists, historians, and philosophers will also find this book valuable as a source of reference. Charting the Divide between Common and Civil Law equips readers with the background and tools to think critically about different legal systems and evaluate their future direction.

Policing Iraq

Policing Iraq
Author: Jesse Wozniak
Publisher: Univ of California Press
Total Pages: 254
Release: 2021-03-09
Genre: History
ISBN: 0520975979

Policing Iraq chronicles the efforts of the Kurdistan Regional Government of Iraq to rebuild their police force and criminal justice system in the wake of the US invasion. Jesse S. G. Wozniak conducted ethnographic research during multiple stays in Iraqi Kurdistan, observing such signpost moments as the Arab Spring, the official withdrawal of coalition forces, the rise of the Islamic State, and the return of US forces. By investigating the day-to-day reality of reconstructing a police force during active hostilities, Wozniak demonstrates how police are integral to the modern state’s ability to effectively rule and how the failure to recognize this directly contributed to the destabilization of Iraq and the rise of the Islamic State. The reconstruction process ignored established practices and scientific knowledge, instead opting to create a facade of legitimacy masking a police force characterized by low pay, poor recruits, and a training regimen wholly unsuited to a constitutional democracy. Ultimately, Wozniak argues, the United States never intended to build a democratic state but rather to develop a dependent client to serve its neoimperial interests.