Regulating artificial Intelligence in international investment law

The interaction between artificial intelligence (AI) and international investment treaties is an uncharted territory of international law. Concerns over the national security, safety, and privacy implications of AI are spurring regulators into action around the world. States have imposed restriction...

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Bibliographic Details
Main Author: MCLAUGHLIN, Mark
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2023
Subjects:
Online Access:https://ink.library.smu.edu.sg/sol_research/4291
https://ink.library.smu.edu.sg/context/sol_research/article/6249/viewcontent/RegulatingAI_2023_av.pdf
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Institution: Singapore Management University
Language: English
Description
Summary:The interaction between artificial intelligence (AI) and international investment treaties is an uncharted territory of international law. Concerns over the national security, safety, and privacy implications of AI are spurring regulators into action around the world. States have imposed restrictions on data transfer, utilised automated decision-making, mandated algorithmic transparency, and limited market access. This article explores the interaction between AI regulation and standards of investment protection. It is argued that the current framework provides an unpredictable legal environment in which to adjudicate the contested norms and ethics of AI. Treaties should be recalibrated to reinforce their anti-protectionist origins, embed human-centric AI principles, and embrace expert witnesses and amicus briefs.