Metaverse Law

The fact that virtual reality, defined by some as 'madness' and by others as 'the world order of the future,' is making such a name for itself regardless of time and space brings many questions to mind in the context of national and international law. Considering that the Metaverse, which is the subject of our article, is independent of the principles of space and territoriality, many questions will arise, such as how potential legal problems will be resolved and which legal rules will be applied in solving these problems. However, if the metaverse truly succeeds in becoming 'the world order of the future,' it will be inevitable that a new law containing specific norms supported by local legislation specific to the metaverse reality or international treaties will come to the agenda. The subject of our article will be some of the problems that are self-evidently bound to arise in the future in the Metaverse world and how both criminal law and private law norms will be applied in the face of these problems.

Metaverse or virtual universe is defined as the perceptual universe where people feel themselves completely mentally thanks to augmented virtual reality devices without exerting any physical effort. (Koerber 2021) Rather than explaining at length what the Metaverse is, it would be more appropriate to evaluate the relevant subject from a legal perspective. It is not difficult to predict today some of the problems that may arise in the future with the new world order. Certain problems that even the legal system—which has persisted since the dawn of humanity and develops day by day—has been unable to prevent will undoubtedly exist in the metaverse universe as well. We will examine these potential problems within the scope of three main questions.

1. How can compensation claims based on tortious acts be met in the metaverse world?
2. Which rule of law should be applied in adjudications subject to compensation claims?
3. What will be the counterpart of acts in the metaverse world within the scope of criminal law?

Metaverse Compensation Claims

Grievances arising as a result of tortious acts committed by individuals in the future metaverse world against others, which lead to violations of assets or personal rights, must naturally be remedied. However, the issue of on which legal grounds these grievances will find a response must first be resolved. For example, in the Turkish legal system, for a claim for compensation to arise, there must first be a tortious act. There must be damage resulting from this tortious act. Finally, there must be a causal link between the damage and the tortious act. Unlike the Turkish legal system, the German legal system does not have such a general provision; the German Civil Code explicitly and restrictively enumerates which rights must be violated for a tortious act to occur. Swiss law has established a rule similar to the Turkish legal system, contenting itself with making a general definition for tortious acts. At this stage, rather than the question of which acts will constitute a tort, the question of which legal rules will be applied in remedying the resulting grievances is more important. In the qualification of acts, personality will gain importance for the victim, and trials will be conducted and various decisions rendered according to the claim. In the future Metaverse regarding the determination of the amount of pecuniary and non-pecuniary damages arising from a tort in the metaverse law proceedings will be conducted by referring to international arbitration until it is established. Although the metaverse is independent of the concept of physical space, since it cannot be independent of humans, it will not be very difficult to determine and satisfy claims for damages through the method of analogy.

Procedural Law Governing Compensation Claims

Which legal rules will apply to proceedings conducted in the metaverse world? First and foremost, it should be noted that the virtual world known as the metaverse will be established upon an order that is ideologically liberal, economically capitalist, and aimed at perfection. The metaverse will be independent of today's state borders, where people will not be subject to any limitations, nor will it confront humanity with an international structure. The question that will arise here is what takes place in the metaverse world legal is the question of which courts and which legal rules will be applied to resolve disputes. Today's international legal disputes are resolved through international legislation and treaties, due to the different legal systems of different states and nations. Furthermore, these disputes are resolved through courts and arbitrators endowed with jurisdictional authority, where international arbitration is stipulated. If the metaverse is to create a new world order in the future, new legal rules and international legislation will undoubtedly be required in this regard. In legal practices all over the world, major problems arise first. If these problems persist, solution methods and enforcement law develop. This will also be the case in the metaverse universe. First, disputes will arise and attempts will be made to resolve them by taking into account international arbitration and arbitral awards, and if the problems persist, new legal rules and methods of resolution will be developed. However, for all these explained situations to materialize, people must get used to the metaverse reality, embrace it, and practitioners must also simplify this reality.

Criminal Law in the Metaverse Universe

Since claims for compensation arising from the violation of property or personal rights occurring in the metaverse reality are the subject of private law, they will be resolved by making reference to certain legal systems and international law norms. However, criminal law, due to its nature and ongoing development, is a branch of law where reference and analogy are hardly possible, and where they are possible, they are subject to numerous criticisms and lead to major grievances stemming from cultural differences. In the virtual universe, how will a penalty be applied in the event that the actions of avatars and profiles, which have the capacity to act based on the direction of real persons, are characterized as crimes? Without disregarding the principle of the personal nature of penalties, which is an international principled custom and enshrined in the criminal codes and constitutions of nations, an international criminal legislation the issue of its drafting will come to the agenda.

Conclusion;

Since it is unthinkable for virtual reality to exist independently of legal principles, if the metaverse claims to be the new world order, law and justice must be administered as close to perfection as possible. As the Metaverse evolves and changes, grievances will arise in this field, and the development of grievance-based resolution methods will contribute to the formation and development of the legal system.