Regulating artificial Intelligence in international investment law

• Main Author: MCLAUGHLIN, Mark
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2023
• Subjects: artificial intelligence; digital economy; international investment law; international law and technology; investment arbitration; Artificial Intelligence and Robotics; International Law; Science and Technology Law
• 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
• Institution: Singapore Management University

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.