The WTO Disciplines and Trade in Products Powered by Artificial Intelligence: Old Wine and New Wine-skin?

IF 0.2 Q4 LAW
Lei Zhang, K. K. Shang
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引用次数: 0

Abstract

As goods and services powered by AI continue to proliferate, scholarly opinion seems to consider that current WTO law is insufficient to regulate trade in AI-powered products. The following reasons can help explain this perceived insufficiency of the WTO law: (a) AI-powered products are difficult to categorise within the perceived goods/services dichotomy under WTO law, thus causing uncertainties as to the applicable legal regime; and (b) the WTO law has yet to respond to the need for national governments to strike a balance between trade and controversial trade practices regarding AI-powered products. This paper argues that while current WTO law is far from perfect, it does partly regulate trade in AI-powered products. The following observations substantiate the partial regulation of trade in AI-powered products by the WTO law: (a) AI-powered products cannot escape existing WTO disciplines on trade in goods and trade in services, by virtue of either the involvement of AI or the perceived goods/services dichotomy; and (b) efforts to balance trade/non-trade interests associated with trade in AI-powered products are allowed under the GATT/GATS’ ‘public morals’ and security exceptions.
WTO规则与人工智能驱动的产品贸易:旧酒与新酒皮?
随着人工智能驱动的商品和服务不断激增,学术界似乎认为,现行世贸组织法律不足以规范人工智能驱动产品的贸易。以下原因有助于解释世贸组织法律的这种不足:(a)根据世贸组织法律,人工智能驱动的产品很难在感知商品/服务的二分法中进行分类,从而导致适用法律制度的不确定性;以及(b)世贸组织法律尚未对各国政府在人工智能产品的贸易和有争议的贸易做法之间取得平衡的必要性作出回应。本文认为,虽然目前世贸组织的法律还远远不够完善,但它确实在一定程度上规范了人工智能产品的贸易。以下意见证实了世贸组织法律对人工智能产品贸易的部分管制:(a)人工智能产品不能逃脱世贸组织关于货物贸易和服务贸易的现有纪律,这要么是由于人工智能的参与,要么是由于感知到的货物/服务二分法;以及(b)根据GATT/GATS的“公共道德”和安全例外,允许努力平衡与人工智能产品贸易相关的贸易/非贸易利益。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
CiteScore
0.40
自引率
50.00%
发文量
8
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