Artificial Intelligence and International Law

ISBN-13: 9789811914980 / Angielski / Miękka / 2023

Jaemin Lee

Opis

This book examines the timely issue of artificial intelligence (AI) and law. At this moment, AI is rapidly developing and being utilized in many different sectors. Meanwhile, the rise of AI raises complex questions and poses new challenges—new products and services involving AI will require new regulations and standards to minimize potential negative side-effects and maximize the benefits of this new technology, both within domestic law and international law. Thus, this book focuses on the impact of AI on international law and seeks ways to develop international law frameworks to adequately address the challenges of the AI era. In this context, new forms of inter-state conflicts and emergence of new subjects and objects of international law are discussed along with relevant up-to-date developments in major jurisdictions. Issues arising from the advent of AI relating to state sovereignty, state responsibility, dispute settlements, and north-south divide are also considered. 

Spis treści

I. Introduction

II. Advent of Artificial Intelligence and Its Present and Future Application

A. Current Status of the Development of Artificial Intelligence

B. Current Status of the Utilization of Artificial Intelligence

i. United States

ii. European Union

iii. China

iv. Japan

v. Russia

vi. South Korea

C. Debates on Artificial Intelligence

i. Benefit from Artificial Intelligence

ii. Concerns over the Side Effect

D. Utilization of Artificial Intelligence in the Near Future

III. Artificial Intelligence’s Impact on the Society and Human Behavior

A. Artificial Intelligence as a Tool for Human Activities

B. Artificial Intelligence without Human Intervention

IV. New Issues Raised by Artificial Intelligence

A. Philosophical Questions

B. Ethical Questions

C. Technical Questions

D. Legal Questions

V. Artificial Intelligence’s Implication for International Law

A. Increase of Conflict among States

i. Lack of Norms

ii. Different Views and Policy Objectives

a. United States

b. European Union

c. China

d. Japan

e. Russia

f. South Korea

B. Subject of International Law

i. State/Government and Artificial Intelligence

ii. Natural Person and Artificial Intelligence

iii. Corporations and Artificial Intelligence

C. Object of International Law

i. A New Item to be Regulated by International Law

ii. Adoption of Treaties

a. Digital Trade

b. Establishment of an Extraterritoriality Zone of Personal Information

VI. Specific Issues under International Law

A. Protection of Human Rights

i. Expansive Utilization of Personal Information and Possible Intrusion of Privacy

ii. Displacement from Workplace and Employment

B. Infringement of Sovereignty of Other States

i. Collection and Processing of Information of Other Countries

ii. Creation of New Value from Collected Information

iii. Easier and Broader Monitoring of Other Countries

C. State Responsibility

i. Application of Attribution Rules under ILC Draft Articles

ii. In the Case of State Actors

iii. In the Case of Non-State Actors

iv. New Challenges and Questions

D. Dispute Settlement Proceedings

i. Utilization of AI Adjudicators

ii. Analysis of Precedents and Jurisprudence

iii. Evidentiary Material

E. Law of War

i. Utilization of Artificial Intelligence in Hostile Activities

ii. Drones

iii. Killer Robots

F. Deepening North-South Divide

i. Developing Countries at a Disadvantageous Position

ii. Capacity Building Projects

VII. Legal Vacuum to Regulate Artificial Intelligence

A. Gaps between Artificial Intelligence and Legal Norms

B. Possible Consideration of Treaties and Institutions

i. United Nations Educational, Scientific, and Cultural Organization (UNESCO)

ii. United Nations Development Programme (UNDP)

iii. Food and Agriculture Organization (FAO)

iv. International Labour Organization (ILO)

v. World Bank Group

vi. Organisation for Economic Co-operation and Development (OECD)

vii. World Trade Organization (WTO)

viii. World Intellectual Property Organization (WIPO)

C. Topics to be Covered by Prospective Treaties

i. Extraterritoriality Zone of Personal Information

ii. Digital Trade Treaties

a. Adoption of Digital Trade Chapters and a List of Applicable Items

b. A New Approach to GVC Matters

c. Review on Governmental Measures for Support

d. Comprehensive Review of Relevant Issues

e. National Security Exception

VIII. Conclusion

O autorze

Jaemin Lee is currently Professor of Law at School of Law, Seoul National University in Seoul, South Korea. He obtained LL.B., LL.M. and Ph.D. from Seoul National University; LL.M. from Georgetown University Law Center; and J.D. from Boston College Law School. His major areas of teaching and research are public international law, international economic law and international dispute settlement. Upon graduation from the College of Law, Seoul National University in 1992, he joined the Korean Ministry of Foreign Affairs as a foreign service officer. His post in the ministry included deputy directorship of the Treaties Division and the North American Trade Division. Between 2000 and 2004, he practiced law with Willkie Farr & Gallagher (Washington, D.C.) as an associate attorney of the firm’s international trade group. From 2004 to 2013 he taught international law at School of Law, Hanyang University in Seoul. He has published articles and books (including book chapters) on various topics of international law and international dispute settlement. He is currently serving as a member of the Executive Committee of the Society of International Economic Law, and as a member of the Steering Committee of the ISDS Academic Forum. Previously, he served as president of the Korean Society of International Economic Law, and vice president of the Korean Society of International Law.