Publication Type

Journal Article

Version

acceptedVersion

Publication Date

4-2023

Abstract

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.

Keywords

artificial intelligence, digital economy, international investment law, international law and technology, investment arbitration

Discipline

Artificial Intelligence and Robotics | International Law | Science and Technology Law

Publication

Journal of World Investment and Trade

Volume

24

Issue

2

First Page

256

Last Page

300

ISSN

1660-7112

Identifier

10.1163/22119000-12340288

Publisher

Brill Academic

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.1163/22119000-12340288

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