The Faculty of Law at the University of Karbala discussed the doctoral thesis tagged: Jurisdiction in settling disputes arising from the contract of nanotechnology transfer – a comparative study – the thesis submitted by the student, Rizan Hamoudi Karim Al-Shammari, and the importance of the study comes from the importance of judicial jurisdiction, which is one of the important topics within the scope of international law Each country is unique in setting rules that define personal and regional controls for the jurisdiction of its national courts, especially in legal relations that include a foreign element, and the disputes arising from these relations. the Nano technique.
The study aimed to demonstrate the adequacy of the traditional controls adopted in international jurisdiction, to determine the competent court to consider disputes arising from the nano-carrier contract, and the problems arising from the adoption of these controls, such as the multiplicity or lack of nationality or the domicile of one of the parties to the contract, in addition to the problem of the multiplicity of the subject of the implementation of the contract, And other issues that arise, especially when the contract for the transfer of nanotechnology is concluded electronically, in addition to how the competent court determines the settlement of the dispute arising from the contract of nanotechnology transfer, within the scope of the specific controls of international jurisdiction in Iraqi, Egyptian and English law.
The study came to the conclusion that the countries in control of a technology evade the recognition of responsibility for violating their obligations towards the recipient countries of the technology, especially if they are rich and dominant countries and dominate in the field of nanotechnology, and multinational companies seek global control of energy, by focusing their investment On the wealth of developing countries through the transfer of modern technologies to them, and the ambiguity in determining the number of these companies and the lack of their registration in the stock market, which makes it difficult to give them a financial indicator even for the largest companies.
The researcher also proposed a number of proposals, the most prominent of which is the Iraqi legislator’s call to issue special laws, for the purpose of regulating the transfer of modern technologies, especially for the definition of nanotechnology, in line with its privacy and danger, and with the guarantees obligated by the grantor to protect human health and safety and the environment, and the development of licensing regulations to deal with nanotechnology. These regulations and licenses guarantee the Iraqi courts’ ability to resolve the dispute. If according to these regulations, scientific evidence can be collected in which the court appreciates the right of compensation to the victim from the transfer of modern nanotechnology. It also contributes to limiting the evasion of the multinational company from the office of the submission to the Iraqi courts.
