GLOBALIZATION OF CRIMINAL LEGISLATION AND THE REQUIREMENTS TO ACHIEVE IT

Main Article Content

MOHAMMED HASAN JASIM, SABAH MISBAH MAHMOOD

Abstract

  The phenomenon of globalization extended to many sectors worldwide, most notably trade and technology, and the matter apparently reached legislation through the conclusion of a large number of international agreements related to the regulation of legal issues related to criminalization and the protection of human rights. It contributed to achieving a strong convergence between the criminal legislation of the countries of the world with the aim of achieving its complete unification in the future. Criminal legislation is to be based on sources that contribute to the preparation for its realization, and it shows us that its sources are embodied in legislative theories such as comparative studies and legislative conferences through which calls are made for the unification of criminal legislation, and governmental organizations and non-governmental organizations are also considered as sources. We have concluded that it is embodied in joining conventions on criminalization, protection of human rights, and legislative alignment. One of the most important results we have reached is that the legislation of the countries of the world has begun to respond to the phenomenon of globalization of criminal legislation in line with the international obligations that are regulated by general international conventions by reviewing many of their criminal legislation. The recommendations that we called for the need to harmonize national legislation with international conventions in the manner of special legislation or inclusion in general legislation, especially in criminalizing the actions of organized criminal groups.

Article Details

Section
Criminal Law
Author Biography

MOHAMMED HASAN JASIM, SABAH MISBAH MAHMOOD

1Mohammed Hasan Jasim, 2Prof .Dr. Sabah Misbah Mahmood

1,2Tikrit University, College of Rights

References

Abu Al-Khair Ahmed Omar: Enforcement of International Treaties in the Domestic Legal System, Dar Al-Nahda Al-Arabia, Cairo, 2003.

Adel Bou Zaida: Legislative Harmonization is a Mechanism for the Globalization of Criminal Law, Journal of Judicial Jurisprudence, University of Mohamed Kheidar Biskra, Volume 13, Issue 25, Algeria, 2021.

Ali Dhawi: Public International Law, Sources and Persons, Ward Island Library, Cairo, 2019.

Ali Yousef Al-Shukri: Monitoring the constitutionality of international treaties, Journal of the Kufa Studies Center, No. 7, 2008.

Baraa Munther Kamal Abdel-Latif: Principles of Traditional and Electronic Legal Research, Dar Al-Sanhouri, Beirut, 2016.

Baylis John, Smith Steve: the globalization of world politics, 3rd Edition, Oxford University press, Oxford, 2003.

Burhan Muhammad Nuri: Prospects for Contemporary International Economic Developments, Globalization and Trade Liberalization, House of Wisdom, Baghdad, 1999.

Esmat Mohamed Hassan: Studies in Modern International Relations, New University House, Egypt, 2002.

Hazem Muhammad Atlam: Specialized International International Organizations, Dar Al Nahda Al Arabiya, Cairo, 2010.

Issam Al-Attiyah: Public International Law, The Legal Library, Baghdad, 2012.

Jamal Eddin Annan: Globalization of Criminal Law, Mechanisms and Appearances, Journal of Legal Studies and Research, Volume 3, Issue 4, Algeria, 2018.

Mabrouk Ghadban: The Collision between Globalization and Sovereignty, Human Rights as a Model, Journal of Research and Studies, Al-Wadi University Center, Volume 1, Issue 7, 2009.

Magda Ahmed Mahmoud: International Non-Governmental Organizations, PhD thesis, Faculty of Administration, Economics and Political Science, Cairo University, 2007.

Magda El Hajjar: Globalization and Violence, The Phenomenon of Violence in the Shadow of Globalization, PhD thesis, Mentouri University- Constantine, Faculty of Humanities and Social Sciences, Algeria, 2010.

Makhlad Al-Tarawneh: The Effects of International Treaties in the Light of International Law and the Vienna Convention on the Law of Treaties of 1969, Journal of Justice, Issue 10, Jordan, 2003.

Malcolm Waters: Globalization, 2nd Edition, published by Routledge, United Kingdom, 2001.

Medhat Ramadan: Terrorism Crimes in the Light of the Objective and Procedural Provisions of International and Domestic Criminal Law, A Comparative Study, Dar Al-Nahda Al-Arabiya, Cairo, 1995.

Mohamed Saadi: International Terrorism Between Ambiguity and Interpretation, The Egyptian Publishing and Distribution, Egypt, 2021.

Mohamed Sami Abdel-Hamid: Principles of Public International Law, The International Rule, University Press, Alexandria, 1995.

Montaser Saeed Hammouda: Contemporary International Law, Dar Al-Fikr Al-Arabi, Alexandria, 2009.

Sabah Misbah Mahmoud Al-Suleiman: The globalization of national criminal legislation, enhancing its prestige or consolidating its hegemony, Comparative Law Library, Baghdad, 2022.

Wissam Awas, Mohamed Rish: The Globalization of Criminal Law and its Repercussions on National Criminal Policy, Journal of Law and Political Science, Issue 3, Volume 15, Algeria, 2022.

Yousef Al-Marashdeh: Globalization and its Impact on the Arab World, The Greater Middle East Project, Dar Al-Kindi for Publishing and Distribution, Jordan, 2008.