Basra studies journal

Applications of artificial intelligence are of very great importance and have become the main artery of life at the present time, as they intervened in all areas of economic and social life, and because of their great benefits, characteristics and advantages that help humans succeed on the most difficulties and this led to an increase in production techniques in support of artificial intelligence, so that it became a priority of attention to designers and producers and this led to the development of these machines to the point that they have become more similar to humans and this leads to the intervention of the legal side to regulate the work of these smart technologies Modern and increasing handling of these smart machines generates a number of legal relationships in addition to the material and moral collateral damage of these machines. Artificial intelligence techniques have made great breakthroughs in the field of concluding legal contracts, as it was called smart legal contracts that are concluded through high-quality technologies, as they have nowadays become a new challenge to the traditional system of concluding contracts, as these contracts are made without the intervention of the human element. Among the contracts affected by the intervention of artificial intelligence is electronic commercial contracts, of which the Internet is the main means of concluding these contracts. These great breakthroughs in the field of smart contracts require the intervention of the law to regulate them and give them confidence and legitimacy, and the most prominent of these contracts is called the smart agent, which is a combination of modern programs and technologies for artificial intelligence and is constantly evolving.

The subject of this research addresses the extent of compliance with governance systems in banking operations when artificial intelligence technology is used in those operations by banks and financial institutions that provide their services to individuals and organizations.
Banks are moving at a rapid pace in using artificial intelligence technology in their banking operations, but the use of this modern technology in the entire banking sector represents a major challenge across the scope of banking operations in all their forms.
It has become clear that modern technologies in general, and artificial intelligence technology in particular, are a double-edged sword. On the one hand, they have many benefits and advantages in the banking sector in terms of developing the sector, increasing its activity, and diversifying and renewing the methods of marketing its services. However, the use of these technologies has also brought many legal problems and challenges, the most important of which is that it has exposed the data of banks and their customers to hacking, fraud, and other electronic crimes that threaten the banking system.
The risks and challenges arising from the uses of artificial intelligence in general, and within the banking sector in particular, vary between risks and challenges arising from electronic attacks against the system on the one hand, and legal risks and challenges represented in the adequacy and suitability of the legal rules in controlling the uses of artificial intelligence and its governance, and the suitability and adequacy of the rules of general civil liability in deciding whether to cover damages resulting from those risks.
The success of governance in the banking sector is linked to establishing control rules first, and second to the importance of implementing them properly. This depends on the Central Bank's oversight of the banks' commitment to implementing these rules on the one hand, and on the bank in question and its management on the other hand.

Digital technologies and artificial intelligence systems have created a pattern of free and open dealing with personal data that a person uses to express his identity in the digital environment, which has made that data of a commercial and competitive nature among the major companies working in the field of collecting and storing information. The personal data that constitutes a virtual identifier A virtual identity that is parallel to that real identity has become an inescapable reality in light of the expanding scope of technological interference in human life. This has created problems that must be dealt with in a way that achieves protection of the content of personal identity and data that constitute an essential source of its existence and reduces the risks of compromising it.

Electronic management emerged as a result of technological progress that cast a shadow on all fields, especially administrative activity, and the phenomenon of electronic management began to acquire new dimensions and frequented practical areas uncharacteristic in providing a range of electronic services and expanded to the extent that countries raced among themselves about the use of computers faster and more comprehensive in the completion of management activities until its use became a familiar way to carry out the work of the administration, through its legal actions, especially its administrative decisions, as the administrative decision is one of the most important Topics of administrative law It is considered the mouthpiece of the administration and the real translator of its will explicitly and implicitly and the focus of the administrative process Without a doubt, the theory of administrative decision has evolved steadily with the development and expansion of administrative activity, and the penetration of the technology sector with its positive impact on most aspects of administrative life resulted in the transfer of administrative work from its traditional reality to electronic reality and the replacement of electronic work in place of paper and we will through our research demonstrate the extent to which the rules and principles governing the administrative decision are affected by the use of electronic means and work in an electronic environment on Achieving the objectives ,by referring to the Electronic signature and Electronic Transactions Law no (78) for the year 2012 .

Determining the legal status of artificial intelligence was one of the most important problems associated with artificial intelligence entities. This issue has raised and will raise controversy and a jurisprudential debate that will not be resolved in the near future. Will they continue to be viewed as mere things, or can they be counted as legal persons? If we support the trend that artificial intelligence can be recognized as a legal personality, what is the nature of this legal personality, and what is its scope? Does this personality have the same well-known characteristics that establish legal personality in its traditional sense, that is, in terms of name, nationality, domicile, financial liability, and eligibility? This is what we will answer in this research.

Artificial intelligence has become powerful and capable of reshaping society in all its aspects, as it is more widespread and its uses have led to many effects that affect life. The entire international community has realized that artificial intelligence is a hurricane that will overturn the rules of life and will not leave any field without having a great impact. The factors of modern smart technologies have had a profound impact on the development of the rules of international law, and among these factors is the emergence of artificial intelligence with all applications of this amazing scientific development witnessed by the modern era, whether in international relations, their balances and interactions. The development of the principles of international law has become through the innovations of engineers who forced philosophers of law and jurists to put legal texts for these developments. Otherwise, the issue is considered that there is a legislative deficiency that must be addressed and effective solutions put in place for it. It has become the main concern of legal scholars to clarify the extent of the impact of these factors on the changes and directives that occur in the development of public international law, in terms of the development of international relations and the adherence to some international rules and the development of the other part of them. This development has included the field of intelligence Artificial intelligence and the study of responsibility for it.

The Intellectual property is defined as the product of human thought, including creations such as inventions, literary and artistic works, industrial models, trademarks, etc. Intellectual property rights usually fall under the cover of natural human innovation and creativity. As for artificial intelligence, we can say that it is a term that comes close to the intellectual processes of natural humans. Such as the ability to think, discover meaning, and learn from previous experiences, and it produces the same intellectual property systems in its traditional sense. So, we are between a human thought system and an electronic thought system, and both of them perform the same function, which is thinking, creativity, and innovation, It should be noted that the thing that greatly limits the development of this technology and society’s benefit from it according to current intellectual property legislation in many countries is that the creator must be a natural person, and it is not possible to register any intellectual property rights resulting from artificial intelligence applications, given that the creator in these cases is an individual. The machine, from here the question arises about how to legally reconcile both ideas, as the intellectual property resulting from human thought and electronic thought has legal and financial implications that must be protected, in order to cover the aspects of the topic, we divided the study into two sections, where we devoted the first section to studying the nature of artificial intelligence and its practical applications. As for the second section, we discussed the impact of protecting the rights of inventors and authors on applications of artificial intelligence. Finally, we concluded the study with a conclusion through which we reached a number of conclusions and expressed a number Among the recommendations

The smart machine is one of the applications of artificial intelligence, which is a simulation of reality. The smart machine is the medium that defines the world represented by the real human being in the virtual world. However, we learn to deal with humans and the breadth of their various uses and exploitation. We continue to develop them, creating independent relationships between the inventor on the real side and the investor (the product) on the other hand. Other, and the increasing need to push the product to be presented has problems that adapt and suit the labor market, so there are smart communication devices and ports. Remote sensing devices, etc., create relationships between the producer on the one hand and the consumer on the other hand, as well as relationships between the latter and others. In the face of all these relationships, just as we imagine the benefits of the smart machine’s activity for life, we expect harm to occur resulting from a contractual or non-contractual relationship, which raises civil liability that prompts the injured person to seek judicial protection by resorting to the competent judiciary from an international standpoint. This problem becomes more complicated because the machine The question that arises here is whether the machine is treated like money in terms of determining jurisdiction in civil liability arising from dealing with it, or whether it is treated as an accessory or independent legal personality subject to special standards. In controlling jurisdiction? These and other questions we will try to answer through this research. In addition, it represents a problem that is difficult to solve legislatively and then judicially. As a result, conflict occurs in the issue of determining the international judicial jurisdiction of a particular state court in view of the dispute. This results from the failure of legislation to keep pace with the speed of technical development in the electronic and smart fields, which makes ordinary texts unable to keep up. With this development, there will be a legislative vacuum in solutions, and what has been found of these solutions falls short of keeping pace with developments after we know that the speed of technical development exceeds the expectations of the legislator and that it represents a challenge to the existing rules. This necessitated searching for solutions to this ongoing problem Given the economic value of the machine due to the multiple, fast, advanced, and environmentally friendly functions it performs, the damage resulting from a defect in its manufacture, use, or incorrect exploitation will be heavy on the level of the beneficiary and third parties, so reparation is necessary. Resorting to the competent court is a means of searching for fair compensation, and determining jurisdiction raises difficulty due to the multiplicity of Descriptions of the smart machine and the multiplicity of relationships arising from dealing with it and its multiplicity of connections in several countries.
Smart machine, international jurisdiction, criteria for determining jurisdiction, nationality, electronic object.

Foresight is a scientific anticipation through making reasonable guesses based on the information and evidence available in the present. It involves using data-driven analysis, observations, and current trends to develop an idea or vision of what might happen in the future.
Legal foresight is an approach that combines the study of law with exploration and anticipation of future developments and trends. It involves applying future-oriented perspectives and methodologies to understand how legal systems and frameworks evolve in response to technological advancements, social changes, and emerging challenges.
This is the objective of legal and criminal foresight, which is an essential application of the causal scientific foresight concept in the field of standard law, where the legal standard has a causal effect in modifying and directing reality towards the desired direction, as it is supposed to do.
The concept of legal foresight emphasizes that law and legal practice are not fixed but subject to continuous transformation. For this reason, legal and criminal foresight aims to bridge the gap between traditional legal analysis and the need to adapt to the requirements of a rapidly changing world.
Thus, cognitive leap is achieved in terms of methodology and content, from the legal knowledge represented by traditional legal jurisprudence, which is limited to interpreting legislative texts or their best interpretations, towards a science of law with all the characteristics that law lacks in its current state.
The research assumes a correlation between sustainable legal development and legal-criminal foresight as a key means to achieve this objective. The research also presents a conception of the two elements of criminal foresight: scientific anticipation and real-time protection of criminal rights.

The process of creating and preparing artificial intelligence technology and modern electronic technologies such as robots and the like goes through several contracts that regulate the rights and obligations of its parties. These contracts are of great importance not only for regulating the obligations of the parties, but also for the responsibility that will arise depending on the technological product that is the focus of the contract.
Looking at the company that manufactures technology or modern electronic technologies, we find that when manufacturing it either manufactures based on a prior contract with a company requesting to manufacture the technology (artificial intelligence technology manufacturing contract), this is when the requesting company has special specifications in technology or modern electronic technologies according to the field of its work in which It requires technology or a robot with special specifications, such as medical and engineering robots. Or that the company manufactures artificial intelligence technology in general for any buyer in the labor market, such as robots that are used in receiving or providing some purposes, and in this case there is a (contract for the sale of artificial intelligence technology) between the manufacturer and the company or person contracting to purchase this technology, and it is assumed that The contract includes a clause that regulates the issue of warranty against manufacturing defects or hidden defects and the necessary maintenance for modern electronic technologies (maintenance contract for artificial intelligence technology).
Given the special nature of artificial intelligence and robotics technology; Operating it requires a specialist in dealing with these advanced devices (artificial intelligence technology operation contract). All of these contracts give rise to contractual liability within the scope of the agreed upon contract terms, but in view of the privacy of these contracts, they need to add clauses that regulate liability arising from the use of intelligence technology. Artificial intelligence between the parties to the contract and third parties, and what this requires issuing and amending the laws regulating the applications of artificial intelligence, especially if the contract is of an international nature.

The role of artificial intelligence techniques lies in improving the quality of governance, and this research seeks the possibility of linking artificial intelligence techniques regarding the report on information technology, economics and public policy, and also lies the relationship between philosophy and artificial science. There is no doubt that philosophy participates in an effective role in proposing this science, whether Through the topics you are searching for, or the trends that crystallized as a result of seeing the different outlook on the nature of the thought that led to artificial intelligence.
It can be said abstractly that the official who aspires to reach this knowledge, the philosophical difference in something may be reflected in an immediate result, or a different result according to expectations.
It is worth noting that in this research we address the study of the legislative regulation of artificial intelligence applications, in order to arrive at the most appropriate ways and methods that regulate the practice of artificial intelligence applications, as the research concluded that artificial intelligence, which can be defined as (a science that aims to make the machine implement... Human tasks that require complex intellectual and mental abilities and thus mimic human behavior.

International arbitration has become widely accepted as a method for resolving disputes due to its speed, flexibility, confidentiality, and expertise compared to traditional judicial courts. The rapid globalization has led to an increase in international commercial contracts, including arbitration clauses. Additionally, the technological revolution accompanying globalization has facilitated the use of artificial intelligence (AI) techniques to enhance the effectiveness of arbitration processes. AI algorithms simplify arbitration procedures such as appointing arbitrators, legal research, document translation, case management, and document organization.
This research aims to explore the concept of artificial intelligence and its utilization in international commercial arbitration processes. Efforts are directed towards integrating intelligent systems into arbitration and embracing the technological revolution. Balancing the advantages and disadvantages of AI and its application in arbitration procedures without undermining the essence of arbitration is crucial.
The research also examines identifying the legal frameworks to adapt to AI techniques in drafting arbitration agreements. It highlights the legal mechanisms for the functioning of arbitral tribunals, decision-making processes from a holistic perspective, and understanding the technical aspects and limitations of AI and its impact on decision-making.

Administrative authorities are keen to keep pace with advanced technological developments when carrying out their various activities, the most important of which is the transition from traditional reality to electronic reality. This matter has emerged especially in administrative decisions through the procedures followed by the administration in implementing and enforcing it against individuals using multiple means with the help of artificial intelligence, and modifying or ending it. The research aims to explain the nature of the electronic administrative decision and its legal nature, in addition to defining the term artificial intelligence, explaining its characteristics, and explaining the importance of electronic access means for developing the administrative decision in particular, and administrative law in general. The problem of the research lies in raising many legal questions about the integrity of the electronic administrative decision and the extent of recognition. It and the legal effects it entails and the extent to which it can be invoked against others. Did the legislator address the electronic administrative decision through the legislation in force and where does the burden of proof lie in knowing and publishing the administrative decision? How valid are electronic administrative decisions? In an attempt to know the extent to which the means of implementing administrative decisions have developed to be compatible with the modern technology used by the public administration in issuing and enforcing administrative decisions, and to what extent the means of implementing administrative decisions have been developed and volunteered.
To be in line with the technological revolution that public administration has adopted in its work and decisions? As for the research methodology, we followed the descriptive and analytical approach while describing the actual reality of the process of implementing administrative decisions in Iraq, in addition to explaining the practical problems facing their implementation through electronic means of communication. The analytical approach is to read and analyze legal texts in accordance with Iraqi legislation. As for the research mechanism, we divided the research into two topics. In the first, we talk about the nature of artificial intelligence, its characteristics, the concept of electronic administrative decision, and an explanation of its characteristics and pillars. As for the second topic, we examine the effects of applying artificial intelligence through the access to electronic administrative decisions and the means of learning about them, and we conclude at the conclusion of the research to a number of conclusions. And proposals.

This research aims to shed light on the legislative efforts of countries in applying digital and technological developments to enhance the work of public institutions and bodies and to bring about a qualitative shift in institutional and governmental work in providing public and private services by taking advantage of artificial intelligence technologies in all aspects of economic development, social and cultural issues to develop the effectiveness and efficiency of government departments to advance state institutions and improve their performance of public services, benefiting from the results of digital reality, positive results on the business sector, in addition to its role in attracting investments, which benefits all different sectors, and there is no doubt that the fourth industrial revolution of artificial intelligence as the latest technological developments in our current era, is a stage of scientific progress based on highly intelligent programming, and countries and governments are seeking at an accelerated pace to benefit from this development in providing all administrative services in many public facilities, such as security, justice, health and education, and creating legislative and regulatory frameworks that govern the work of artificial intelligence, in light of international experiences, directives and standards.

There is no doubt that the use of blockchain at the present time, especially in light of the trend towards electronic banking and what results from it in giving banking operations a special character that distinguishes them from other traditional banking operations, including banking operations that take place over the Internet through central systems owned and supervised by certain banking entities such as central banks, faces many legal challenges in the absence of a special law governing them or even the existence of a law regulating the work of blockchain; and this is what we will try to stand on through the research.

Countries around the world are moving towards building an advanced smart automated system capable of achieving digital transformation, which is one of the most important pillars of technological growth. Countries are striving to provide a fertile environment for artificial intelligence by supporting legal and economic jurisprudential studies for national legislation to regulate the use of artificial intelligence programs and conclude international agreements between them. In the context of this transformation, countries seek to exploit modern technology in combating many of the issues that trouble them and their societies, and to refer to the decisions, declarations and recommendations adopted by the United Nations and specialized agencies. Therefore, we have devoted this study to examining one of the modern mechanisms followed by defining artificial intelligence, the impact of artificial intelligence on the rules of international negotiations, the defects of the will in concluding international treaties in light of artificial intelligence, the legal problem of artificial intelligence and the rules of international responsibility. The researcher prefers to address this research through the comparative analytical approach, by trying to link the traditional rules in public international law.

Aspecific Refered Journal Published by the center of Basra Studies &Arab Gulf / Issned in Cooperation With College of Law Basrah University