Journal of Legal Sciences
type: channel
description: Journal of Legal Sciences, a semi-annual scientific journal issued by College of Law - University of Baghdad, concerned with the publication of research and legal studies and jurisprudence and summaries in university, as well as the conferences and seminars held by the College of law. The journal first issue was in 1969, and continues so far in the extension of the issuance to all faculties of law in Iraqi universities and government institutions, as well as "the ministries and related institutions. Researchers from inside and outside Iraq publish their legal research in Arabic, English and French in the journal. It has been accredited for the academic promotion of university professors and has been given the standard classification since 2008. It has identifier number in the Iraqi Book and Documentation House (675) for the year 1998. The Journal published in two volumes each year, as well as on the number of research papers of the teaching staff with postgraduate students, and the special preparation of the researches of the legal conferences held by the College of Law - Baghdad University.
publisher: University of Baghdad- College of Law
language: en
publication name: Journal of Legal Sciences
issn: 2070-027X
copyright: Copyright and Licensing: For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work. Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder). Permission is required for: Your own works published by other Publishers and for which you did not retain copyright. Substantial extracts from anyones' works or a series of works. Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified. Photographs for which you do not hold copyright. Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...". Reasonably short quotes are considered fair use and therefore do not require permission. Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission. Obtaining Permission In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permis…
items: Emerging Foundations for International Responsibility for Natural Disasters Resulting from Climate Change
items: Compensation for Damages Arising From Demonstrations According to Private Laws
items: Functional Transformations in Criminal Law and Their Impact on Criminalizing Institutional Discrimination
items: Compensation through Guarantee Funds in the Area of Damages from Terrorist Acts
items: The Subjective Competence of the Federal Court of Cassation in the Criminal Case and Its Assessment
items: Flexible Penal Legislative Drafting and Its Impact on Intellectual Freedoms
items: Administrative Regulation of Property Rights Agricultural Lands as a Model
items: The Element of Publicity in the Crime of Spreading Electronic Rumors in Accordance With the Provisions of Federal Decree-Law No. (34) Of 2021 Regarding Combating Rumors and Electronic Crimes
items: Voluntary Withdrawal and Its Effect on Criminal Liability
items: Electronic Terrorism is Legal Challenges and Illegal Practices
items: Disciplinary Responsibility of the Lawyer A Model for the Shadow Lawyer
items: The Expiration of International Treaties in Islam and Public International Law
items: The Suitability of Legal Rules Related to Intellectual Property to Protect Digital Works Derived by Artificial Intelligence
items: The Effect of the Principle of Confidentiality in Pre-Contract Negotiations
items: Administrative Judicial Oversight of Decisions to Appoint Public Employees in the State of Kuwait
items: The Legal Nature of the Crime of Electronic Hacking That Harms State Security a
items: The Powers of the Federal National Council in the field of ordinary Legislation for the United Arab Emirates
items: Transformations in Maritime Transport in the Digital Age
items: The Non-Suspensive Effect of the Appeal for Annulment and the Exception Thereto in UAE Legislation
items: International Responsibility for Violations of the Rights of Foreigners under International Human Rights Law
items: Jurisdiction in Lawsuits for Damages Arising From Artificial Intelligence Systems under Jordanian and Iraqi Law
items: The Right of Public Employees to Run for Parliament in Iraqi Legislation
items: The Validity of Digital Evidence in Criminal Evidence
items: The Jurisdiction of Judicial Police in Investigating Crimes of Spreading Rumors and Fake News in the UAE Legislation
items: The Effect of the Penal Ruling on the Appointment of the Policeman and On the Termination of His Service
items: Procedural Treatment of Accused People of Determination in the UAE Legislation a Comparative Study
items: Suspension of the Implementation of International Treaties during Armed Conflict
items: Promote Foreign Direct investment in the Federal Companies Law No. (32) of 2021 AD
items: Towards Establishing a New System as a Basis for the Intelligent Ship Captain’s Responsibility for Transporting Goods

Emerging Foundations for International Responsibility for Natural Disasters Resulting from Climate Change
type: item
description: With the emergence of many methods whose use is exceptionally dangerous despite being legitimate acts not prohibited by international law, they cause serious damage as a result of this danger. When legal thought finds that the application of the traditional theories will inevitably prevent the development targeted by States and the progress of States' technical and industrial progress. The search for foundations has begun more in line with the requirements of contemporary reality, By creating a legal basis for international responsibility that achieves a greater proportion of justice in society, objective responsibility has emerged as an evolving stage of international responsibility in law International, after the emergence of many risks resulting from natural behaviors of states such as air aviation accidents and marine disasters as a result of energy extraction and minerals, and accidents resulting from the use of nuclear energy. The International Law Commission had launched the designation of international liability for injurious consequences arising out of acts not attended by international law, perhaps the most common of which was the theory of risk.
subject: Special Issues
  topic: section
subject: Emerging Foundations
  topic: keywords
subject: International Responsibility
  topic: keywords
subject: the polluter-pays principle
  topic: keywords
subject: Risk Theory
  topic: keywords
subject: Climate Change
  topic: keywords
subject: Natural Disasters
  topic: keywords
creator: Raneen AbdKader
creator: Hadi AlMaliki
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 1
ending page: 22
doi: 10.35246/qtytkv24

Compensation for Damages Arising From Demonstrations According to Private Laws
type: item
description: This study examines the position of comparative legislation (French legislation, English legislation, and Egyptian legislation) in dealing with regulating the issue of compensation for damages that arise in the context of exercising the freedom of demonstration by special legal rules with conditions distinct from what is decreed in the general rules that fall within the texts of civil law. In the countries under comparison, this is due to the specificity of these damages and the difficulty surrounding them in identifying the one who caused them in the vast majority of cases, on the one hand, and due to the difficulty of proving the fault of the person who is to be held accountable for redressing them when identifying him, on the other hand. We will shed light on the types of damages covered by compensation, the conditions for granting it, the authority responsible for granting it, and the people entitled to it. Explaining the position of the Iraqi legislator on these issues compared to what is the case in the comparative legislation mentioned above.
subject: Special Issues
  topic: section
subject: Compensation
  topic: keywords
subject: Damages
  topic: keywords
subject: Demonstrations
  topic: keywords
creator: Abdullah Ali
creator: Haider Hassan
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 23
ending page: 49
doi: 10.35246/mcys0b61

Functional Transformations in Criminal Law and Their Impact on Criminalizing Institutional Discrimination
type: item
description: Functional transformations in the roles and tasks of criminal law and contemporary social and historical developments reflect the urgent need to comprehensively comprehend some of the new crimes with the aim of including them within criminal legislation and determining appropriate penalties for them. Among these new crimes, the crime of institutional discrimination stands out as a form of general discrimination that occurs within the legal institutions themselves. It is usually based on unjustified discrimination between individuals based on legally protected characteristics such as race, gender, religion, or nationality. These actions negatively affect rights and disrupt the course of justice, which makes it necessary to strengthen the legal system’s ability to deal with them effectively by modernizing the roles of criminal law and amending legislation. Criminal, reflecting societal and legal developments. The development of criminal law reflects the comprehensive development in its multiple functions with its transition from traditional roles to contemporary roles that include the educational function by enhancing legal awareness and educating the public about legal rights and duties, or the moral function includes promoting criminal law values ​​and morals in society and combating immoral or immoral behaviors. The forward-looking function includes when criminal law attempts to adapt to future developments and confront potential criminal challenges, or its symbolic function, given that criminal law represents a symbol of justice and order in society, which contributes to building trust between citizens and the legal system.
subject: Special Issues
  topic: section
subject: contemporary criminal career transformation
  topic: keywords
subject: criminal legal regulation, new crimes
  topic: keywords
subject: criminalization of institutional discrimination
  topic: keywords
subject: criteria for the effectiveness of criminal law functions
  topic: keywords
subject: the forward-looking function of criminal law
  topic: keywords
subject: the symbolic function of criminal law
  topic: keywords
creator: Sarmad Abbood
creator: Firas Abdullah
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 50
ending page: 100
doi: 10.35246/jqff3x28

Compensation through Guarantee Funds in the Area of Damages from Terrorist Acts
type: item
description: Compensation through guarantee funds is an important step towards the development of the right to compensation, as it contributes tangibly to the transition of responsibility for compensation for damages from individual responsibility to collective responsibility, so the injured person finds a collective responsibility that bears the burden of compensation and is committed to it on the side of the official or instead of him. Enabling him to obtain compensation for the damage he has incurred easily and smoothly, as the inability of the traditional compensation systems to provide adequate and effective protection for the affected, and in light of the increase in terrorist acts and the increase in their risks, and the large number of people affected, the matter in all of these cases requires confronting them with exceptional means that differ from the Those are the traditional legal means that were originally put in place to deal with ordinary damages. Compensation for victims of terrorism through guarantee funds guarantees the right of the injured to obtain compensation, as this compensation is related to the occurrence of terrorist acts more than it is related to the necessity of having someone responsible for the error or damage that occurred, and that this type of compensation leads to reducing disputes, and spares the affected people the trouble and hardship in Litigation, and lighten the burden on the courts and the judges themselves from the cases that fall on their shoulder
subject: Special Issues
  topic: section
subject: Compensation through guarantee funds
  topic: keywords
subject: Terror
  topic: keywords
subject: Terrorist acts
  topic: keywords
creator: Safaa Lafta
creator: Ali Abdulsahib
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 101
ending page: 133
doi: 10.35246/s3hnnv75

The Subjective Competence of the Federal Court of Cassation in the Criminal Case and Its Assessment
type: item
description: The subject matter jurisdiction of the Federal Court of Cassation in the criminal case is an exceptional system. The principle is that the Federal Court of Cassation, as a court of law, does not decide on the subject matter of the case. Therefore, this study showed the subjective authority and its estimation, which the legislator granted to the Federal Court of Cassation to decide on the subject of the criminal case to acquire the status of a subject court and is considered an alternative to that court and exercises its powers and procedures when considering the case. The case, in which it relies on the text of Article (263/b) of the Code of Criminal Procedure as its legal basis. We have supported the legislator's approach to the necessity of maintaining this authority while calling for regulating its provisions in a more clear manner. In response to the requirements of this research, we divided this topic into two demands: we dealt with in the first requirement the subjectivity of objective validity, and in the second requirement the assessment of objective validity.
subject: Special Issues
  topic: section
subject: Objective Validity
  topic: keywords
subject: Legal Oversight
  topic: keywords
subject: Federal Court Of Cassation
  topic: keywords
subject: Criminal Case
  topic: keywords
creator: Alaa Al-Ajeeli
creator: Kazim Hussein
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 134
ending page: 175
doi: 10.35246/27k2j510

Flexible Penal Legislative Drafting and Its Impact on Intellectual Freedoms
type: item
description: Public freedoms are considered an embodiment of the rule of law, the most important of which is intellectual freedoms, because individuals cannot exercise their freedoms in isolation from intellectual freedoms, They are enshrined in various charters and declarations of human rights, as enshrined in most constitutions, including the Constitution of the Republic of Iraq 2005, and its philosophy is that it is an interaction between the individual and society as it benefits individuals and society and this is due to its nature, It is the duty legislator, specifically in the criminal law, to protect public freedoms and place restrictions on them to prevent their conflict with the freedoms of others, However, flexible criminal legislative wording may sometimes intersect with the principles of the constitution, and thus produce effects that may exterminate the essence of intellectual freedoms, and make their exercise impossible, which entails some legal treatments that we touched in the research.
subject: Special Issues
  topic: section
subject: Flexible Penal Wording
  topic: keywords
subject: Intellectual Freedoms
  topic: keywords
subject: the Essence of Public Freedoms
  topic: keywords
subject: Freedom of Expression
  topic: keywords
creator: Alaa Hamoud
creator: Samer Al-Ameri
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 176
ending page: 207
doi: 10.35246/zzcj5z86

Administrative Regulation of Property Rights Agricultural Lands as a Model
type: item
description: The right to property is considered one of the most important original real rights. Its originality lies in the fact that it is a comprehensive and exclusive right, as the right of ownership grants the owner powers over the property that no one else enjoys. It is one of the most significant individual rights and the most expansive in scope, recognized in most positive legal systems and declarations of rights, though its extent and scope may vary in terms of quantity and quality based on the social, economic, and political philosophy underpinning the legal system of each country. Due to the inherent importance of the right to property, legal perspectives on it have varied over time. Initially, it was viewed as an absolute right with no restrictions, but later, attention shifted toward seeing it as a social function. Additionally, there is an argument that the right to property serves a social function, not that it is inherently a social function in itself. Despite the various views on this matter in different countries, the imposition of restrictions on property rights over time cannot be denied. Scholars have long acknowledged the social function of property, and since one of the primary functions of the state is to maintain public order in society, this concept has played a crucial role in imposing limitations on property rights. A review of international agreements, declarations of rights, and modern constitutions across different countries reveals that they recognize the right to private property and provide it with the necessary protection. However, they also acknowledge that legislation can impose restrictions on it to fulfill the social function of private property. The absolute nature that once accompanied the right to property, or the freedom to own the object of the right, no longer aligns with the developments in the role of the state and the interventionist character necessitated by recent developments. Therefore, private property—both movable and immovab…
subject: Special Issues
  topic: section
subject: Administrative control of property rights
  topic: keywords
subject: legislative control
  topic: keywords
subject: legal basis
  topic: keywords
subject: Legal restrictions on property rights
  topic: keywords
subject: Legal restrictions on the freedom to Own
  topic: keywords
subject: agricultural land
  topic: keywords
creator: Elaf Mageed
creator: Tagreed Qaddouri
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 208
ending page: 234
doi: 10.35246/xdcrbq38

The Element of Publicity in the Crime of Spreading Electronic Rumors in Accordance With the Provisions of Federal Decree-Law No. (34) Of 2021 Regarding Combating Rumors and Electronic Crimes
type: item
description: Publicity in the crimes of spreading rumors is one of the most prominent determinants of the crime, as publicity is the method and method adopted by the perpetrator of the crime of spreading rumors in promoting them in order to achieve the goals he wants. The study aims to shed light on the position of the UAE legislator in Federal Decree-Law No. (34) of 2021 regarding combating rumors and cybercrimes in explaining and defining the element of publicity in the crime of spreading and promoting rumors, and the impact of this element on the elements of crime, and the position of the UAE judiciary towards it. The study relies on the descriptive approach by describing the subject from the quantitative survivor, and the analytical approach by analyzing the position of the UAE legislator and the UAE judiciary on the element of publicity in the crimes of spreading rumors, with a statement of the position of the Egyptian legislator in some places when needed. At the end of the research, we reached an important conclusion that the crime of spreading and promoting rumors is one of the crimes of publicity, meaning that the UAE legislator required the availability of publicity in this crime. At the end of the research, we find it appropriate for the UAE legislator to add the definition of publicity in the first article of the Anti-Rumors and Cybercrime Law, and to indicate its characteristics and means.
subject: Special Issues
  topic: section
subject: Publicity
  topic: keywords
subject: Rumors
  topic: keywords
subject: Private Pillar
  topic: keywords
subject: Moral Pillar
  topic: keywords
creator: Mayed Almaeeni
creator: Abdulellah Al Nawayse
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 235
ending page: 263
doi: 10.35246/raabvm48

Voluntary Withdrawal and Its Effect on Criminal Liability
type: item
description: The legal consequences of abstaining from committing a crime, which amounts to complete exemption from punishment or its reduction, may not be limited to the original perpetrator only, but rather its impact extends to the accessory shareholder as well, as this study concluded that the voluntary withdrawal of the accessory shareholder prevents him from being held accountable. From the attempt, but not as a deterrent to punishment, but because this avoidance negates the criminal behavior itself due to the absence of the criminal intent of the accessory contributor at a stage prior to the completion of the behavior. The most important recommendations were represented by the necessity of the legislation under study to legislate and regulate withdrawal and effective participation and approve the provisions related to it in detail to fill the gap. The wide range between the actual application of this legal system and the legal systems.
subject: Special Issues
  topic: section
subject: Abstinence from Crime
  topic: keywords
subject: Punishment
  topic: keywords
subject: Reasons for Exemption From Punishment
  topic: keywords
creator: Ahmad Saleh
creator: Mohammed Alfawaarah
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 364
ending page: 293
doi: 10.35246/12x7sy47

Electronic Terrorism is Legal Challenges and Illegal Practices
type: item
description: This study investigates the modern threat of cross-border electronic terrorism, which significantly impacts state security and is linked to various factors. It highlights the challenges in controlling and prosecuting electronic terrorism due to differing international criminal procedures for terrorist activities like inspection, investigation, and evidence collection. The study also finds that electronic terrorism, reliant on computers and the internet, differs significantly from traditional methods, making it harder to regulate and prosecute. This challenge is worsened by inadequate cybersecurity and inconsistent laws globally.
subject: Special Issues
  topic: section
subject: Electronic Terrorism
  topic: keywords
subject: Terrorist Organizations
  topic: keywords
subject: Challenges
  topic: keywords
subject: Electronic Prosecution
  topic: keywords
subject: Sanctions
  topic: keywords
creator: Abdelrahman Abdalla
creator: Halima Almidfa
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 294
ending page: 325
doi: 10.35246/wvhxsz06

Disciplinary Responsibility of the Lawyer A Model for the Shadow Lawyer
type: item
description: The profession of the judiciary is a duty, not merely an honor, and the lawyer acts as the standing judge who assists the judge in delivering justice through the evidence and arguments presented. Therefore, the lawyer must adhere to the explicit duties outlined by the legislator, in addition to other obligations associated with his profession. To preserve the traditions and customs of the profession, a disciplinary system has been established for any lawyer who undermines its honor. The disciplinary responsibility of the lawyer is the cornerstone of research, and this responsibility is derived from Federal Law No34. on advocacy, where it differs from civil and criminal responsibility in its specific nature and elements. This responsibility is established as a fundamental right of the Disciplinary Board for those who violate the principles and honor of the profession. A lawyer is a natural person registered with the relevant authority and licensed to provide all legal services to the public. The legislator has prohibited lawyers from engaging in any conduct that contradicts the dignity of the profession and requires them to uphold integrity and honesty. Furthermore, it is forbidden for a lawyer to deceive or mislead their client in any way, one of the recent phenomena threatening the localization of the legal profession is the leasing of licenses, which allows a citizen lawyer to have a nominal ownership of a law office. This has led to the emergence of what is known as the "shadow lawyer," who effectively manages the office without a license to practice according to the law, resulting in negative consequences that extend beyond the profession. Therefore, it is essential to address this phenomenon and impose deterrent penalties on those manipulating the system, so that the legal profession remains capable of keeping pace with the development of the state and its economy.
subject: Special Issues
  topic: section
subject: Enhancing Justice
  topic: keywords
subject: Disciplinary Council
  topic: keywords
subject: Shadow Lawyer
  topic: keywords
subject: Licenses
  topic: keywords
creator: Aisha Ahmed
creator: Ali Torki
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 326
ending page: 346
doi: 10.35246/c8evmb81

The Expiration of International Treaties in Islam and Public International Law
type: item
description: International treaties have emerged since time immemorial to regulate international relations between States containing the rules agreed upon by the parties Through those rules, such relations are regulated, and their provisions and mutual obligations are set out among the parties, based on the lofty objective of international treaties, today it has become one of the most important sources of public international law and plays an important role in maintaining the unity and organization of the international community and managing the emerging relations among its members, in order to preserve the importance attached to international treaties. Through this research, the study aimed to show something no less important than the conclusion of treaties and how those international treaties expired compared to those in Islam and general international law. As we know, the expiration of international treaties is intended to terminate their provisions and their disappearance from the regime by which the parties agreed to them. It is worth mentioning that the reasons that lead to this lapse have varied somewhat, between what we see as the reasons for the expiration of treaties in Islam and what we see in general international law, and the differences in those reasons undoubtedly lead to the different effects to which they reply.
subject: Special Issues
  topic: section
subject: International Treaties
  topic: keywords
subject: Expiry of Treaties
  topic: keywords
subject: Denunciation of Treaties
  topic: keywords
subject: Islam
  topic: keywords
subject: General International Law
  topic: keywords
creator: Fahad Al-Badri
creator: Noof Al-Jasmi
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 347
ending page: 379
doi: 10.35246/jfg75835

The Suitability of Legal Rules Related to Intellectual Property to Protect Digital Works Derived by Artificial Intelligence
type: item
description: Devoting a study to the suitability of the legal rules in force to protect digital works derived by artificial intelligence is of great importance in the areas of intellectual property. This sparked a jurisprudential debate about considering digital works derived with artificial intelligence as an invention, just like traditional works, as well as disagreement over the ownership of digital works derived with artificial intelligence, and the lack of legal rules to regulate these matters. Therefore, the question has arisen about the suitability of the current legal rules to accommodate and organize digital works devised by artificial intelligence, and in our topic, devising intelligent digital works. For this reason, the idea of ​​this important research came about, which comes in the context of legal regulation of digital works derived by artificial intelligence? The researcher raises the question: Do current literary and artistic property legislation accommodate artificial intelligence inventions, such as smart digital works, and consider artificial intelligence as an inventor? If the answer is no; We wonder whether this legislative position should be reconsidered in light of the major technological developments underlying the field of artificial intelligence. Is it time to consider artificial intelligence systems as inventors under the legal regulation of literary and artistic property, specifically copyright protection? The research reached several results, the most important of which is that technological development in the field of artificial intelligence has produced digital works independently devised by artificial intelligence, and inventions devised with the help of artificial intelligence, and these smart digital works are not regulated in copyright legislation. Based on the fact that legal legislation is only known to human inventors (the natural person), and does not recognize artificial intelligence as an inventor, and does not grant it legal protection.…
subject: Special Issues
  topic: section
subject: Digital works
  topic: keywords
subject: copyrights
  topic: keywords
subject: literary creations
  topic: keywords
subject: literary innovations
  topic: keywords
creator: Zainab Al Hammadi
creator: Imad al-Din Abd al-Hay
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 380
ending page: 405
doi: 10.35246/wtdj4z17

The Effect of the Principle of Confidentiality in Pre-Contract Negotiations
type: item
description: The aim of the research was to analyze the importance of privacy and confidential information in the negotiation processes of preliminary contracts, in order to understand the challenges and problems faced by the parties in maintaining their privacy and confidentiality of their information during the negotiation processes, the research relied on the comparative approach to study the legal principles and frameworks related to confidentiality in negotiating through various legislations, and through careful analysis, the research sought to provide recommendations to improve the legal framework and ensure a balance between the rights of the parties and ensuring confidentiality during the negotiation processes, and the research reached the following results: The legal bases for the obligation of confidentiality in contractual agreements varied according to the legal context and the existing system in each of them, as they were determined in the UAE by the intersection of Islamic law with the principles of civil law. The research also showed that confidentiality obligations included all information and data that one of the parties had access to during the negotiation process, such as prices, production plans and indirect means of advertising.
subject: Special Issues
  topic: section
subject: Negotiation Stage
  topic: keywords
subject: Scope of Negotiations
  topic: keywords
subject: Obligation of Confidentiality
  topic: keywords
subject: Legal Basis of the Obligation
  topic: keywords
subject: Responsibility for Violation of Confidentiality of Negotiations
  topic: keywords
creator: Waleed Ali
creator: Murad Bin Saghir
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 406
ending page: 451
doi: 10.35246/4w62ja91

Administrative Judicial Oversight of Decisions to Appoint Public Employees in the State of Kuwait
type: item
description: In this topic, we discussed the administrative judiciary’s oversight of the appropriateness of public employee appointment decisions. Through this topic, we aimed to identify the effectiveness of the judicial oversight exercised by the Administrative Cassation Court on the appropriateness of public employee appointment decisions, through monitoring the terms of appointment and verifying the extent of compliance. Management controls the appointment process As well as oversight of the discretionary authority granted to the administration during the appointment process, the descriptive approach has been applied, and in this matter we have reached several results, including that judicial oversight is particularly important for verifying the legitimacy of administrative decisions related to appointment in particular and related to public employment in general, as it works To verify the extent of the administration’s commitment to the principle of legality in the appointment process. There are also powers and powers granted by the legislator to the judiciary to exercise its oversight over the decisions and actions issued by the administration, especially over the process of appointing a public employee. The judiciary’s approach to appointment was to verify the guarantees established by the legislator to protect the public employee against the administration and to guarantee his rights during this stage. In this matter, we have come up with several recommendations, including the necessity of activating the self-monitoring role of the administration so that the senior management has oversight over the lower-ranking and progressive administration, thus activating the supervisory role on the administrative decisions issued by it, especially related to the appointment of the public employee, and the importance of reducing the duration of the administrative grievance so that it is within It is possible to quickly resort to the judiciary to carry out its oversight tasks over the…
subject: Special Issues
  topic: section
subject: Judicial oversight
  topic: keywords
subject: appointment
  topic: keywords
subject: legality of management decisions
  topic: keywords
subject: appropriateness
  topic: keywords
subject: Kuwait
  topic: keywords
creator: Barak Al-Omar
creator: Hamoud Tannar
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 452
ending page: 480
doi: 10.35246/cvzmtq15

The Legal Nature of the Crime of Electronic Hacking That Harms State Security a
type: item
description: Cyber-penetration is one of the most serious digital crimes threatening the stability and integrity of States' systems. For the purpose of espionage, sabotage or disruption of critical infrastructure, the research will show what the internal and external security of States is. As for its legal nature, the cybercrime has two different natures, one of which is the material aspect, which is when the information is stored on an electronic supporter, and the latter is the moral aspect, which is when the information is in a state of transfer or is present in the memory of the information system. In order to clarify the concept of breach of diamonds by the security of States, and also for this crime to materialize, its main pillars must be found s intention to harm the security of the State.
subject: Special Issues
  topic: section
subject: Cyber Espionage
  topic: keywords
subject: Cybercrime
  topic: keywords
subject: Information Security
  topic: keywords
subject: Hack
  topic: keywords
subject: Digital Crime
  topic: keywords
subject: State security
  topic: keywords
creator: Fatma Yousif
creator: Mohammed Al-Ani
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 481
ending page: 524
doi: 10.35246/6pewm537

The Powers of the Federal National Council in the field of ordinary Legislation for the United Arab Emirates
type: item
description: There is no doubt that the Federal National Council, as a federal constitutional institution, exercises its various powers at the legislative level. It undertakes the task of legislating in all fields at the level of the United Arab Emirates. Therefore, its legislative authority in this field is crystallized in two fundamental issues: the first is draft laws, and the second is international treaties and agreements. However, it is important - in this study - to determine the legislative role played by the Federal National Council in light of what a number of comparative legislative councils specialize in, in order to determine the extent of the real role of the Federal National Council in this field.
subject: Special Issues
  topic: section
subject: The National Assembly
  topic: keywords
subject: legislation
  topic: keywords
subject: bills
  topic: keywords
subject: international treaties
  topic: keywords
subject: comparative councils
  topic: keywords
creator: Hanan Mohamed
creator: Sam Dalla
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 525
ending page: 552
doi: 10.35246/dgncdy68

Transformations in Maritime Transport in the Digital Age
type: item
description: This research addresses the nature of electronic bills of lading in light of Emirati legislation, by defining, describing its functions, mechanisms, establishment, parties involved, and its significance as a new means of proving maritime transport contracts. It also discusses the substantive and formal conditions of such documents, with the research problem lying in the absence of national legislative rules regulating them, and the adequacy of the provisions of )the Electronic Transactions and Trust Services Law No. (46) for the year 2021( in addressing them in the UAE, along with the UAE Maritime Trade Law. The research adopts an analytical and comparative approach and consists of a set of findings, among which are: The role of electronic bills of lading has evolved to become a tool for proving both transport and shipping contracts, culminating in being a credit instrument representing the goods. Therefore, possessing it indicates possession of the goods, resulting in the same legal consequences as possession of the goods themselves. Both traditional and electronic bills of lading serve the same purpose, and electronic maritime bills of lading can perform the same role as traditional bills of lading in proving contractual transactions.
subject: Special Issues
  topic: section
subject: Electronic Bills of Lading
  topic: keywords
subject: Electronic Transactions
  topic: keywords
subject: Maritime Law
  topic: keywords
creator: Amna Alkindi
creator: Nazzal Kisswani
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 553
ending page: 583
doi: 10.35246/2ycfrh89

The Non-Suspensive Effect of the Appeal for Annulment and the Exception Thereto in UAE Legislation
type: item
description: To achieve the principle of legality, the Emirati legislator decided that administrative decisions are subject to judicial oversight, where all civil and administrative legal actions are subject to the supervision of the unified judiciary. The Federal Supreme Court affirmed that filing an annulment lawsuit does not result in the suspension of the contested decision, as stated in its rulings: 'The filing of a lawsuit to annul an administrative decision, as a general principle, does not lead to the suspension of the implementation of the administrative decision. Conversely, the execution of the decision and the utilization of its subject matter do not prevent the continuation of the consideration of the annulment request and the ruling on its subject, as the lawsuit aims to ensure the legality of the decision and its compliance with the established principles in the law.' The principle of non-retroactivity has decided on annulment because it serves the public interest, since administrative actions are presumed to require urgency and necessity in order to achieve their objectives. Therefore, it is essential that no individual, regardless of who they are, is allowed to halt its progress or stop its activity simply by filing for annulment.
subject: Special Issues
  topic: section
subject: Legality
  topic: keywords
subject: Effect
  topic: keywords
subject: Administrative Judiciary
  topic: keywords
subject: Administrative Decisions
  topic: keywords
creator: Youssef Al Qadi
creator: Iman Al Abdouli
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 584
ending page: 613
doi: 10.35246/5eh8yd71

International Responsibility for Violations of the Rights of Foreigners under International Human Rights Law
type: item
description: This research addresses the issue of international responsibility for violations of foreigners' rights within the framework of international law, examining the legal and theoretical framework of this responsibility. The research begins by clarifying the nature of international responsibility, its concept, and distinctive characteristics, then traces the historical development of this concept in the field of protecting foreigners' rights. It also reviews the legal basis for international responsibility and the necessary conditions for its emergence in cases of violations of foreigners' rights. The research then moves on to study the mechanisms for implementing international responsibility, classifying them into diplomatic and political mechanisms as well as judicial and supervisory ones, explaining how these mechanisms work and their effectiveness. The research dedicates an important section to discussing the challenges facing the application of international responsibility, including both legal and procedural challenges, as well as contemporary challenges resulting from accelerating global developments such as globalization, technological advancement, and armed conflicts. The research concludes by emphasizing the importance of developing a more effective international legal system to protect foreigners' rights, and the necessity of strengthening accountability mechanisms at the international level to ensure justice and reinforce respect for human rights regardless of nationality, thereby contributing to stability and peaceful coexistence between nations.
subject: Special Issues
  topic: section
subject: International Responsibility
  topic: keywords
subject: Foreigners' Rights
  topic: keywords
subject: International Law
  topic: keywords
subject: Legal mechanisms
  topic: keywords
creator: Salem Al Taneiji
creator: Wael Allam
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 614
ending page: 643
doi: 10.35246/fsz8s529

Jurisdiction in Lawsuits for Damages Arising From Artificial Intelligence Systems under Jordanian and Iraqi Law
type: item
description: This study aimed to clarify the nature of civil actions and their role in resolving disputes related to jurisdiction over damages arising from artificial intelligence (Ai) systems, as well as to analyze the role of the judiciary in adjudicating such disputes and the legal foundations on which it relies. The researcher adopted both analytical and comparative methodologies and concluded that the “human proxy” theory represents one of the most prominent modern legal approaches to addressing the liability gap in cases where it is difficult to attribute harm to a specific natural person. this theory assigns liability to a natural person connected to the intelligent system—such as the designer, developer, or end-user—acting as a legal representative for the Ai entity, which lacks legal personality. This approach contributes to establishing clear legal liability and providing effective protection for injured parties. The study also revealed the inadequacy of traditional means of proof, such as testimony, presumptions, and written evidence, in light of the rapid advancement of Ai technologies—particularly in cases where the source or mechanism of the harm is difficult to trace due to the complexity of algorithms and the autonomous decision-making of these systems. The study concluded that it is essential to develop the civil evidentiary system to keep pace with the digital transformation and recommended enacting a specific law on Ai ethics in Iraq, incorporating principles for the design, development, and use of intelligent systems while ensuring respect for human rights, privacy, and human dignity. it also called for the adoption of a unified international convention on ai-related damages, through cooperation between national legislations and international organizations, with active participation from major countries and the support of the united nations and Enesco, to standardize legal and ethical frameworks in this field.
subject: Special Issues
  topic: section
subject: Jurisdiction
  topic: keywords
subject: Damage Claims
  topic: keywords
subject: Artificial Intelligence
  topic: keywords
creator: Noor Al-Huda Shihab
creator: Abdulrahman Juma
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 644
ending page: 680
doi: 10.35246/khh66h98

The Right of Public Employees to Run for Parliament in Iraqi Legislation
type: item
description: Political rights are among the most important rights enjoyed by a human being, as a person's political participation contributes to shaping his present and determining his future. Among these rights is the right of a public employee to nominate himself for membership in the House of Representatives - parliament - as it is the true mirror that reflects the extent of progress achieved in the field of democracy. Therefore, most international covenants and instruments stipulate this right, and constitutions have been keen to establish this right within the general principle of political rights. Legal legislation has regulated this right and set general controls and restrictions for it. Countries’ legislation has varied in its strictness or leniency, depending on the nature and philosophy of the political system in place in the country, and the role of the judiciary in monitoring this right. Hence, our research, which we divided into three sections, the first entitled (the nature of the public employee’s right to nominate), the second entitled (the legal basis for the right to nominate), and the third entitled (the general controls for nomination and the special restrictions that apply to it, and the role of the judiciary in monitoring it). then we reached the conclusion of the research, which contained the most important results, including that the nature of candidacy is considered synonymous with the term freedom, the Iraqi legislator’s strictness in some general controls for candidacy, the absence of a constitutional and legal organization of the political rights of the public employee in Iraq, and the issuance of a set of recommendations, the most prominent of which is the necessity of organizing the political rights of the public employee constitutionally and legally, and easing some general controls for candidacy, and demanding that this be amended.
subject: Special Issues
  topic: section
subject: Nomination
  topic: keywords
subject: Public Employee
  topic: keywords
subject: Controls
  topic: keywords
subject: Restrictions
  topic: keywords
subject: Judiciary
  topic: keywords
subject: Rights
  topic: keywords
subject: Freedom
  topic: keywords
subject: Constitution
  topic: keywords
subject: International Conventions
  topic: keywords
creator: Salim Salim
creator: Manal Mohamed
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 681
ending page: 759
doi: 10.35246/7hv6ye17

The Validity of Digital Evidence in Criminal Evidence
type: item
description: هدف البحث الوقوف على حجية الدليل الرقمي ودوره في إثبات الجرائم الإلكترونية في التشريع الإماراتي، حيث أن هذا النوع من الجرائم يتميز بسرعة التطور وقابلية التجدد، ولم يألفه رجال الأمن والتحقيق في الجرائم الأخرى التي تسمى الجرائم التقليدية، لذا سعى البحث التعرف على شروط قبول الدليل الرقمي وحجيته، ومناقشته والاقتناع اليقيني به، وقد اعتمد البحث على المنهجين الوصفي والتحليلي، لمناسبته لموضوع البحث، وتوصل البحث لعدة نتائج كان أهمها: أن مكونات الحاسوب المعنوية تصلح محلا للتفتيش والضبط ، نظرا لإمكانية إسباغ الصفة المادية عليها، إن الاتجاه الحديث في التشريع والفقه المقارن يعد المعلومات المخزنة في الحاسوب ومخرجاته من أفضل الأدلة المتاحة للإثبات ، وتتمتع باليقين المتطلب في الإثبات الجزائي وهذا ما ذهب إليه قانون مكافحة الشائعات والجرائم الإلكترونية الإماراتي، وبناءً على تلك النتائج تم وضع التوصيات التالية: يوصي الباحث بوضع مجموعة من القواعد الإجرائية التي تمكن مقدمي خدمة الإنترنت جمع المعلومات داخل شبكة الإنترنت، وكذلك متى يكون لهم كشف هذه المعلومات لجهات إنفاذ القانون. كما يوصي الباحث بأن يأخذ المشرع الإماراتي على غرار المشرع المصري بتطبيق المادة السادسة من قانون الجرائم الإلكترونية المصري رقم 175 لسنة 2018 بشأن المدة المستحقة لمراقبة المشتبه بهم، والتعامل مع مقدم الخدمة.
subject: Special Issues
  topic: section
subject: Legitimacy of evidence
  topic: keywords
subject: Digital evidence
  topic: keywords
subject: Criminal evidence
  topic: keywords
creator: Mohammed Salim
creator: Manal Almunjed
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 760
ending page: 780
doi: 10.35246/xha4w759

The Jurisdiction of Judicial Police in Investigating Crimes of Spreading Rumors and Fake News in the UAE Legislation
type: item
description: This research aims to study the jurisdiction of the judicial police to search and investigate the crimes of spreading rumors and false news in the UAE legislation. Rumors and false news are emerging phenomena on social media and digital media, and pose a major challenge to societies, including the UAE. The research included a comparative and comparative analysis of the relevant UAE legislation that regulates the spread of rumors and false news. The criminal provisions and legal procedures followed by the judicial police to combat these crimes were highlighted. The relevant legal texts and UAE legislation were analyzed, with a focus on the powers, duties and mechanisms available to the judicial police. To investigate crimes of spreading rumors and false news. The research relied on the analytical descriptive approach, as well as the comparative approach for analyzing legal texts, judicial sources, and relevant legal literature. Data was collected from multiple sources such as laws, legislation, judicial decisions, and previous studies. This research has reached results that contribute to providing a deeper understanding of the jurisdiction of the judicial police in the field of combating the crimes of spreading rumors and false news in the UAE legislation. The results and recommendations resulting from this study may provide a basis for developing and improving legal policies and procedures related to combating these crimes in the Emirates and other countries.
subject: Special Issues
  topic: section
subject: Judicial Control Officer
  topic: keywords
subject: Spreading Rumors
  topic: keywords
subject: Fake News
  topic: keywords
creator: Rashid Al-Mesafri
creator: Mona Al-Wasmi
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 781
ending page: 830
doi: 10.35246/g8zc2364

The Effect of the Penal Ruling on the Appointment of the Policeman and On the Termination of His Service
type: item
description: The first effect of the criminal ruling on the career position of a policeman appears when it is a condition preventing appointment and reappointment to the police service, and this effect continues when it causes the termination of the policeman’s job, either permanently, such as expulsion from service, or temporarily, as in the case of removal from service The problem lies in the fact that some of the effects of the criminal ruling are regulated by a non-criminal law, such as the Internal Security Forces Service and Retirement Law No.(18) of 2011 (amended), and also that some of the legal texts contained within the scope of the Internal Security Forces Criminal Law, whether in the Internal Security Forces Penal Code No.(14) of 2008 (amended) The Code of Criminal Procedure for the Internal Security Forces, Rum (17) of 2008, was drafted in a manner inconsistent with the general rules regarding the impact of the criminal ruling on public employment, contained in the Iraqi Penal Code No.(111) of 1969 (amended).Therefore, we aim to diagnose these texts and propose the necessary amendments to them in a manner consistent with the general rules of the Iraqi Penal Code.
subject: Special Issues
  topic: section
subject: Penal Provision
  topic: keywords
subject: Policeman
  topic: keywords
subject: Career Position
  topic: keywords
subject: Appointment
  topic: keywords
subject: Termination of Service
  topic: keywords
creator: Nooradeen Mousa
creator: Alaa Hussein
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 831
ending page: 867
doi: 10.35246/2hjdav54

Procedural Treatment of Accused People of Determination in the UAE Legislation a Comparative Study
type: item
description: This study emphasizes the procedural aspect of criminal law as today's defendants are people of determination. This matter prompts us to make some amendments to the procedural laws if a person of determination commits a crime and appears before the court. As a result of this amendment, many services must be available to him during the criminal case without affecting the process, including health services that must be available during the criminal case. There is a problematic aspect to this research; legislation of The United Arab Emirates does not provide special procedural treatment for people of determination. Comparative legislation, such as American law, differs greatly leading the accused people to have many facilities during both investigation and trial. To clarify this, in this research, we have dealt with the treatment of the accused people of determination in the stage of inference, preliminary investigation, and we have reviewed how to try the accused of people of determination. We concluded that there is a legislative shortcoming in the issue of procedural treatment of the accused people of determination, and the need to issue special legislation stipulating the special procedural treatment of the accused people of determination at all stages of the criminal case.
subject: Special Issues
  topic: section
subject: Procedural Treatment
  topic: keywords
subject: The Accused is a Person of Determination
  topic: keywords
subject: Special Criminal Procedural
  topic: keywords
creator: Yaman Barakat
creator: Manal Monajjed
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 868
ending page: 893
doi: 10.35246/5qpw4d17

Suspension of the Implementation of International Treaties during Armed Conflict
type: item
description: This research focuses on the suspension of the implementation of an international treaty as a result of the outbreak of an armed conflict between its parties, or between one of the parties to the conflict and a third party. The suspension of the implementation of international treaties during armed conflict is a complex issue that addresses the balance between states’ legal obligations and security necessities during times of crisis. International treaties, such as human rights treaties and humanitarian law treaties, are often affected during armed conflicts. The International Law Commission adopted the Draft Articles on the Effects of Armed Conflicts on Treaties, which include several situations that may be relied upon to suspend the implementation of an international treaty during armed conflict. This research highlights the cases of suspension of treaty implementation during armed conflict in accordance with the Draft Articles of the International Law Commission on the Effects of Armed Conflicts on Treaties, as well as the relevant provisions of the Vienna Convention on the Law of Treaties. The research concludes that there are cases stipulated in the Draft Articles of the International Law Commission on the Effects of Armed Conflicts on Treaties that may contribute to the suspension of treaty implementation during armed conflict. However, there are shortcomings in the provisions governing these cases, which may be addressed through recourse to the relevant general provisions contained in the Vienna Convention on the Law of Treaties.
subject: Special Issues
  topic: section
subject: Armed Conflict
  topic: keywords
subject: Treaty
  topic: keywords
subject: Suspension
  topic: keywords
subject: Implementation
  topic: keywords
subject: International Law
  topic: keywords
subject: Vienna Convention on the Law of Treaties
  topic: keywords
creator: Sheikha Al Naqbi
creator: Abdul Nasser Al Jahani
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 894
ending page: 918
doi: 10.35246/07458w78

Promote Foreign Direct investment in the Federal Companies Law No. (32) of 2021 AD
type: item
description: UAE "is one of the countries seeking to attract foreign direct investment" by modernizing of its legal and physical infrastructure. Additionally, it pushed the private sector to form partnerships with foreign companies, particularly multinational companies, and it signed numerous bilateral and group agreements with numerous countries and trading partners. the passing of Federal Law No. 34 of 2021 AD, which dealt with commercial countries, gave numerous incentives and guarantees "to increase the flow of foreign direct investment into the" UAE. By studying the investment climate in the UAE, and the adequacy of incentives and legislative guarantees that it provides for foreign direct investment, the study aimed to determine the adequacy of incentives and guarantees for foreign direct investment in UAE. "the study came to a number of conclusions", most notably, that incentives and guarantees, "by creating an environment that is conducive to" investing and enacting regulations that are both encouraging and alluring, are the key to safety and confidence for investors. the study concluded with several recommendations, including: reinstatement of "the investment law and" removing "the obstacles represented by the current law, the most important of which are granting incentives, privileges and facilities", and "working according to the concept of" a "single window. the "establishment of specialized courts to handle disputes related to cases and the speed of separation of adversaries, and that the rulings of these courts are enforceable and not subject to appeal.
subject: Special Issues
  topic: section
subject: Promoting Foreign investment
  topic: keywords
subject: the Importance of investment
  topic: keywords
subject: investment incentives
  topic: keywords
subject: Legislative incentives
  topic: keywords
subject: Foreign investment Guarantees
  topic: keywords
creator: Sheikh Al-Mulla
creator: Rasha Hattab
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 919
ending page: 955
doi: 10.35246/xk4pqy07

Towards Establishing a New System as a Basis for the Intelligent Ship Captain’s Responsibility for Transporting Goods
type: item
description: The research addressed a set of essential elements whose words were intertwined with analysis, criticism, comparison, and deduction from the title, which was "Towards establishing a new system as a basis for the responsibility of the intelligent ship captain for the transport of goods (a critical analytical study)." The main problem was represented by the search for legal solutions, whether in the UAE legislation or in the European Directive dated 5/9/2023, which is the focal point in this study to establish a new system for the responsibility of the intelligent ship captain in the transport of goods, for the damages caused by intelligent ships or self-driving ships to shippers, consignees, or third parties as a result of actions attributed to this intelligent captain. This issue has piqued the interest of legal scholars, leading to the emergence of numerous legal opinions, both for and against, regarding the establishment of a new system of liability for the actions of artificial intelligence. This system incorporates and discusses general principles within the context of our specific problem, resulting in attempts by legal scholars to establish a foundation for this liability. Consequently, two sub-issues have arisen from this main problem: First, can the intelligent pilot or shore captain who navigates intelligent or autonomous vessels be recognized as having legal personality? Second, should an alternative solution be sought first, such as the liability of the individual for their defective, manufactured, or programmed products, especially if the commands issued to the intelligent pilot by the manufacturer or programmer are logical and not erroneous, given that the liability arises without fault on the part of the owner or operator? The study concluded with several key findings, most notably that the captain of an autonomous vessel will face both legal and technical challenges, whether operating on shore or aboard (in which case, the captain would be a robot). T…
subject: Special Issues
  topic: section
subject: Smart Captain
  topic: keywords
subject: Robot Captain
  topic: keywords
subject: Shore Captain
  topic: keywords
subject: Smart Vessel
  topic: keywords
subject: Autonomous Vessel
  topic: keywords
subject: Liability of Autonomous Vessel Builder
  topic: keywords
subject: Liability of Vessel Owner or Operator
  topic: keywords
subject: Legal Personality of Smart Captain
  topic: keywords
creator: Fahad Al Ali
creator: Imad al-Din Abdul-Hay
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-12
publication date: 2026-06-12
starting page: 956
ending page: 984
doi: 10.35246/tx3hep95