Civil and Legal Liability of Artificial Intelligence in International Commercial Transactions

Abstract

With the increasing penetration of artificial intelligence systems into the process of concluding and performing international commercial contracts, the traditional concepts of “will” and “agency” have faced a fundamental challenge. The main objective of this study is to explain the foundations of civil and legal liability arising from the harmful acts of autonomous agents in the context of international transactions and to identify the person or persons liable within the chain extending from the production to the utilization of this technology. Using a descriptive-analytical method and a comparative approach, this research examines leading international instruments, such as UNCITRAL reports and European Parliament regulations, analyzes models of attribution of liability in different legal systems, and assesses the adaptability of traditional rules of civil liability to the complex nature of artificial intelligence. The findings indicate that classical theories based on “fault” lack sufficient efficacy because claimants are unable to prove human error in machine-learning processes. By contrast, the movement toward “strict liability” or “risk-based liability” has emerged as an equitable solution for protecting injured parties in international trade. Moreover, the idea of granting “electronic legal personality” to artificial intelligence, despite its theoretical appeal, faces serious obstacles in relation to financial guarantees and causation. In international transactions, the divergence of views regarding the determination of the governing law for liability further reveals the necessity of revising conflict-of-laws rules. The results of the study show that, in order to ensure legal certainty in global markets, it is necessary to move beyond individualistic approaches toward systems of “distributed liability” among the developer, owner, and user. It is recommended that, to prevent fragmentation in judicial practice, a comprehensive international convention be developed under the supervision of international institutions, centered on a “mandatory compensation fund” and the formulation of unified technical standards for proving causation in algorithmic systems.