Artificial Intelligence and International Law

Jaemin Lee is currently Professor of Law at School of Law, Seoul National University in Seoul, South Korea. He obtained LL.B., LL.M. and Ph.D. from Seoul National University; LL.M. from Georgetown University Law Center; and J.D. from Boston College Law School. His major areas of teaching and research are public international law, international economic law and international dispute settlement. Upon graduation from the College of Law, Seoul National University in 1992, he joined the Korean Ministry of Foreign Affairs as a foreign service officer. His post in the ministry included deputy directorship of the Treaties Division and the North American Trade Division. Between 2000 and 2004, he practiced law with Willkie Farr & Gallagher (Washington, D.C.) as an associate attorney of the firm’s international trade group. From 2004 to 2013 he taught international law at School of Law, Hanyang University in Seoul. He has published articles and books (including book chapters) on various topics of international law and international dispute settlement. He is currently serving as a member of the Executive Committee of the Society of International Economic Law, and as a member of the Steering Committee of the ISDS Academic Forum. Previously, he served as president of the Korean Society of International Economic Law, and vice president of the Korean Society of International Law.

I. IntroductionII. Advent of Artificial Intelligence and Its Present and Future ApplicationA. Current Status of the Development of Artificial IntelligenceB. Current Status of the Utilization of Artificial Intelligencei. United Statesii. European Unioniii. Chinaiv. Japanv. Russiavi. South KoreaC. Debates on Artificial Intelligencei. Benefit from Artificial Intelligenceii. Concerns over the Side EffectD. Utilization of Artificial Intelligence in the Near FutureIII. Artificial Intelligence’s Impact on the Society and Human BehaviorA. Artificial Intelligence as a Tool for Human ActivitiesB. Artificial Intelligence without Human InterventionIV. New Issues Raised by Artificial IntelligenceA. Philosophical QuestionsB. Ethical QuestionsC. Technical QuestionsD. Legal QuestionsV. Artificial Intelligence’s Implication for International LawA. Increase of Conflict among Statesi. Lack of Normsii. Different Views and Policy Objectivesa. United Statesb. European Unionc. Chinad. Japane. Russiaf. South KoreaB. Subject of International Lawi. State/Government and Artificial Intelligenceii. Natural Person and Artificial Intelligenceiii. Corporations and Artificial IntelligenceC. Object of International Lawi. A New Item to be Regulated by International Lawii. Adoption of Treatiesa. Digital Tradeb. Establishment of an Extraterritoriality Zone of Personal InformationVI. Specific Issues under International LawA. Protection of Human Rightsi. Expansive Utilization of Personal Information and Possible Intrusion of Privacyii. Displacement from Workplace and EmploymentB. Infringement of Sovereignty of Other Statesi. Collection and Processing of Information of Other Countriesii. Creation of New Value from Collected Informationiii. Easier and Broader Monitoring of Other CountriesC. State Responsibilityi. Application of Attribution Rules under ILC Draft Articlesii. In the Case of State Actorsiii. In the Case of Non-State Actorsiv. New Challenges and QuestionsD. Dispute Settlement Proceedingsi. Utilization of AI Adjudicatorsii. Analysis of Precedents and Jurisprudenceiii. Evidentiary MaterialE. Law of Wari. Utilization of Artificial Intelligence in Hostile Activitiesii. Dronesiii. Killer RobotsF. Deepening North-South Dividei. Developing Countries at a Disadvantageous Positionii. Capacity Building ProjectsVII. Legal Vacuum to Regulate Artificial IntelligenceA. Gaps between Artificial Intelligence and Legal NormsB. Possible Consideration of Treaties and Institutionsi. United Nations Educational, Scientific, and Cultural Organization (UNESCO)ii. United Nations Development Programme (UNDP)iii. Food and Agriculture Organization (FAO)iv. International Labour Organization (ILO)v. World Bank Groupvi. Organisation for Economic Co-operation and Development (OECD)vii. World Trade Organization (WTO)viii. World Intellectual Property Organization (WIPO)C. Topics to be Covered by Prospective Treatiesi. Extraterritoriality Zone of Personal Informationii. Digital Trade Treatiesa. Adoption of Digital Trade Chapters and a List of Applicable Itemsb. A New Approach to GVC Mattersc. Review on Governmental Measures for Supportd. Comprehensive Review of Relevant Issuese. National Security ExceptionVIII. Conclusion