现代军事技术和科学家、创造者、操作者等的责任:金砖国家的一些做法

K. Belikova
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引用次数: 0

摘要

本文以金砖国家的法律材料为基础,探讨了科学家、创造者、经营者等在新军事技术领域实施其科学活动成果的法律责任问题。引起兴趣的是新技术对法律和军事科学的影响,以及对普通人和专家(律师、军人、社会学家等)的思想的影响,这些新技术目前允许做以前甚至无法想象的事情,除非在富有想象力的文学、电影等中。通过这种方式,对规范性行为(在知识产权立法领域)、道德准则等的现行规定和学说(给予人工智能法律人格的“赞成”和“反对”论点的专家著作)进行了审查。科学的新颖性首先是由于国家的选择-这些是金砖国家,其次,研究的主题是科学家在新军事技术领域实施科学活动结果的法律责任,第三,从法学,军事科学,伦理学的角度分析跨学科方面选定的一系列问题。在作者得出的结论中,在民用(例如交通)和军事自治系统中使用人工智能时,不可避免地会出现伦理问题。在这方面,金砖国家已经尝试以各种方式解决这些问题:从专利立法的声明性限制到制定符合现实的指导方针和道德原则。还表明,需要根据来自世界各地80多个主题的关于这种互动原则的意见和想法,就人工智能-人类互动问题制定一份具有国际法律地位的单一文件。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
MODERN MILITARY TECHNOLOGIES AND THE RESPONSIBILITY OF A SCIENTIST, CREATOR, OPERATOR, ETC.: SOME APPROACHES OF THE BRICS COUNTRIES
Based on the legal material of the BRICS countries the article touches upon the issue of legal responsibility of a scientist, creator, operator, etc. for the implementation of the results of his scientific activities in the field of new military technologies. Interest is caused by the impact on legal and military science, as well as on the ideas of both ordinary people and specialists (lawyers, military, sociologists, etc.) provided by new technologies that currently allow to do things that previously could not even be imagined otherwise than in imaginative literature, films, etc. In this way, the current provisions of normative acts (in the field of legislation on intellectual property), ethical codes, etc., and doctrines (works of specialists who give arguments "pro" and "contra" giving legal personality to artificial intelligence) are examined. Scientific novelty is due, firstly, to the choice of countries - these are the BRICS countries, secondly, the subject of the study is the legal responsibility for the implementation of the results of scientific activity of a scientist in the field of new military technologies, thirdly, the analysis of a selected range of issues in an interdisciplinary aspect - from the standpoint of jurisprudence, military science, ethics. Among the conclusions reached by the author, the inevitability of ethical problems when using AI in civil (for example, transport) and military autonomous systems. In this regard, attempts have been made to solve these problems in the BRICS countries in various ways: from declarative limitations in patent legislation to the development of guidelines and ethical principles that meet the realities. The need to develop a single document with an international legal status on the issue of AI-human interaction, based on the opinions and ideas about the principles of such interaction of more than eighty subjects from around the world is also showed.
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