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  • 14 - Disciplining Artificial Intelligence Policies

  • from Part IV - International Economic Law Limits to Artificial Intelligence Regulation
  • Edited by Shin-yi Peng, National Tsing Hua University, Taiwan, Ching-Fu Lin, National Tsing Hua University, Taiwan, Thomas Streinz
  • Book:
    Artificial Intelligence and International Economic Law
    Published online:
    01 October 2021
    Print publication:
    14 October 2021, pp 274-292
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  • Summary

    Artificial intelligence technologies have brought to humanity benefits and challenges. Some AI products can be used to threaten non-trade values including fundamental rights and national security. “Data-sharing policies”, through which governments “feed” data into their AI industry, further raise fair competition concerns. At present, economic sanctions taken by trade powers play an important role in deterring the controversial use of AI policies. In this chapter, it is argued that the WTO law can offer some aid in disciplining AI policies. First, some “data-sharing” mechanisms may be challenged as actionable subsidies under the WTO law. Second, sanctions against AI policies that undermine fundamental rights or national security may not be found inconsistent with WTO law due to, inter alia, the “public morals” exception, the security exception and the “maintenance of international peace and security” exception. Accordingly, it is argued that WTO law can provide some assistance in the disciplining of “data-sharing” mechanisms and AI policies that undermine fundamental rights or national security.