تنازع الاختصاص التشريعي في الضرر الناشئ عن الآلة الذكيّة (دراسة مقارنة)

Conflict of Legislative Jurisdiction over Damage Arising from Smart Machines (A comparative study)

Abstract

The technological and scientific development witnessed by the
Fourth Industrial Revolution has produced for us highly intelligent
machines that operate with artificial intelligence, matching human
intelligence and even surpassing it in many fields such as medicine, law,
economics, transportation, etc., as they have the ability and ability to
acquire knowledge and learn from their external environment
independently and autonomously and to carry out complex and precise
tasks. As a result , all of those tasks helped humans and gave the ability
to reach the highest possible performance to produce goods and provide
services with professionalism and skill, These positives do not prevent the
machine from running and causing harm to others in all its intended and
unintended forms as a result of the interaction and coexistence between
them (human and machine) and the increasing need on both Local and
global levels, and the emergence of multiple legal relationships,
contractual or non-contractual, extending to more than one country,
which raises many legal problems, the most important of which is the
occurrence of a conflict between laws, which requires determining the
applicable law, which will differ according to the type of legal
relationship and the technical and legal nature of the smart machine.
All of these technical and legal problems necessitate finding
effective legal solutions that contribute to resolving all of this by
demonstrating the validity and possibility of implementing and adapting
the attribution or objective conflict rules of national or international
origin to resolve the conflict arising from the damage caused by the smart
machine, by following the framework of the traditional approach to
attribution rules or the material approach reflected in the objective rules
and the rules with the necessary application, all of which aim to bridge
the gap between the theoretical legal framework and the technological
development at the present time. Thus, it has become necessary to enact
new legal rules that are commensurate with the technical and legal nature
to keep pace with this technical and contemporary development.