Legal Risks and Challenges of Unregulated AI

An Analysis of International Legal Frameworks for Mitigating Risks and Ensuring Ethical and Legal Compliance in the Development and Deployment of AI

In: Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 41, 2023
Author:
Thanapat Chatinakrob
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Abstract

The rapid advancement of artificial intelligence (AI) presents significant legal risks due to the lack of a comprehensive international regulatory framework. This paper explores these risks and analyzes existing international legal instruments to address them, such as the EU Artificial Intelligence Act and the UNGA Resolution on AI. It examines key legal instruments including the EU’s GDPR, the Council of Europe’s Convention, the OECD Principles, the UN’s Guiding Principles on Business and Human Rights, and ISO Standards, which offer guidance on data protection, transparency, and human rights in AI development. While relevant frameworks exist, the absence of specific AI regulations creates legal ambiguities. The paper proposes developing a comprehensive international AI legal framework, integrating ethical considerations, and establishing standards for data protection and human rights compliance. These recommendations aim to ensure responsible AI development globally and provide crucial insights for scholars and practitioners in international law.

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