الإختصاص القضائي في تسوية المنازعات الناشئة من عقد نقل تقنية النانو (دراسة مقارنة)

Jurisdiction in Settling Disputes Arising from The Nanotechnology Transfer Contract (A comparative study)

Judicial jurisdiction is one of the important issues within the
scope of private international law, as each country has unique
rules that define personal and regional controls for holding the
jurisdiction of its national courts, especially in legal relations that
include a foreign element, and disputes arising from these
relationships, but the great development in the world of modern
technologies has led to the emergence of a technical type widely
used in large areas, called nanotechnology.
This type is characterized by ambiguity in the statement of its
effects, and the countries that own nanotechnology evade
responsibility for their risks before the recipient state, which calls
for research into the adequacy of the traditional controls adopted
in international jurisdiction, to determine the court Competent in
examining the disputes arising from the nanoscale carrier
contract, and the problems ,arising from the adoption of these
controls, such as multiplicity, statelessness, or domicile of one of
the parties to the contract, in addition to the problem of
multiplicity of the subject of the implementation of the contract,
and other issues that arise, especially when the transfer contract
for nanofiltration is concluded electronically We also explain the
role of the agreement of the parties to the contract in defining
this court, and knowing the extent of the need for new controls
that define this competent court, consistent with the modernity of
nanotechnology, and its implications, Dangerous to human health
and the environment.
And we will show, comparatively, through this thesis, how the
competent court determines to settle the dispute arising from the
nanotechnology transfer contract, within the scope of the specific
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controls for international judicial jurisdiction in Iraqi, Egyptian and
English law, and the position of these laws on the voluntary
subordination agreement between the parties to the contract, to
settle the dispute before a court. A specific court, excluding the
one for which international jurisdiction is held in accordance with
its national controls, and the extent to which these positions are
in line with the modern trend in the issue of voluntary
submission, especially in light of the agreements that deal with
this subject, such as the Brussels 1 agreement or the so-called
(European Regulation No. 44) of 2001 , Relating to the
regulation of international jurisdiction and the implementation of
foreign judgments, and the Hague Agreement of 2005, relating to
the selection of a competent court